If you violate your probation in California, you could have your probation revoked and be sent straight to jail or prison. In many cases, judges and prosecutors require strict penalties for probation violations, but there may be opportunities to have your attorney argue for lower penalties like additional probation terms. To understand the penalties associated with probation violations, it is important to understand how probation works and why penalties are usually so harsh – especially for repeat violations. For a free consultation on your probation case, contact the Ventura probation violation lawyers at The Law Offices of Bamieh and Erickson today. Common Probation Terms and Penalties in California Probation is an alternative to jail time or a prison sentence, where the person is allowed to stay out of prison as long as they comply with the terms of conduct and supervision the court puts in place. When a judge issues a sentence of probation, he…
What Are the Punishments for Repeat Probation...
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Does a No Contact Order Apply While the Defendant Is in Jail?
When setting conditions of pretrial release in domestic violence cases, magistrates and judges often order a defendant not to contact the victim. Those directives clearly apply to a defendant once he is released from jail subject to those conditions. But what about a defendant who remains in jail? Is he also subject to a no contact condition included on a release order? The court of appeals addressed that issue yesterday in State v. Mitchell. The court in Mitchell concluded that the no contact directive set forth on Mitchell’s release orders (he was charged with more than one crime for allegedly assaulting his girlfriend) applied to Mitchell while he was confined in jail. Thus, Mitchell’s mailing of letters to his girlfriend from jail violated a court order. And because the letters amounted to stalking, Mitchell’s conduct was felonious since there was a court order in effect (the pretrial release orders) prohibiting his conduct. Facts. Mitchell was arrested…
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Kimme’s accomplishment: Prez Trump commutes LWOP sentence of Alice Johnson!!
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The Pardoning of Alice Johnson
Kim Kardashian West recently went to the White House to discuss the pardoning of Alice Johnson, a 62 year old woman who is serving a life sentence for a first time non-violent drug offense.Johnson was sentenced to life in prison in 1997 after she was convicted of eight criminal counts related to a cocaine trafficking ring. Since appellate judges and the US Supreme Court have since rejected her appeals, Johnson would need to be granted clemency by the president to be discharged.Johnson has serves over twenty years of her life sentence without parole. So far she has become an ordained minister, a playwright, a mentor, a counselor, a tutor, and a companion for inmates who are suicidal. She hasn't committed a single disciplinary infraction in two decades in prison.Johnson's case began around 1990. She started getting addicted to gambling, then she lost her job while she was trying to raise five children. Then she was faced with divorce, bankruptcy, foreclosure, and the…
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Job Security & Worker’s Comp: What Protections Do I Have?
One of the most important things when securing employment, is job security. We want to work somewhere where we’re valued, where we feel safe, and where we know that we can provide for our family. Because all of these things are important to us, it can be extremely difficult when you find yourself hurt on the job, or needing to take some time to help your family. Workplace injuries, and extended leave, can be frightening for a number of reasons; from the injury itself, to getting compensated, and making sure that you are not wrongfully terminated. However, in most cases, there are certain protections in place for when you face a medical leave… Job Security and Worker’s Comp: What Protections Do I Have? Family and Medical Leave Act (FMLA) One way you may have some protection is through the Family and Medical Leave Act. Due to this federal law, you can have up to 12 weeks of unpaid leave per year. This leave is for either you to take care of your own health…
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Federal Criminal Appeals Involving Financial Offenses
The former owner of an accounting firm in Munster, Indiana was sentenced in May of 2018 to eight years in federal prison for bank fraud as well as other offenses, including concealment of assets during bankruptcy, false tax return, and wire fraud. The defendant has already announced plans to appeal by filing the required notice of appeal with the United States Court of Appeals for the Seventh Circuit just a few days after being sentenced. How the Accounting Offenses Arose The accounting firm handled medical billing for physicians and was convicted of stealing millions of dollars from clients, which was then used for gambling at a local casino. According to a 2014 indictment, the defendant received money from a physician who hired the accountant’s company to provide accounting, payroll, and tax services. Between 2008 to 2009, the defendant is alleged to have had large checks issued from the physician’s account to another physician’s account without the…
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The Issues and Penalties of Eluding Law Enforcement
Eluding Law Enforcement We have all seen car chases on TV – we watch in suspense as we wonder if the driver will get away or if the cops will catch up and arrest the elusive driver. Even though it… The post The Issues and Penalties of Eluding Law Enforcement appeared first on Chapman Criminal Defense Firm.
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Harvey Weinstein Pleads Not Guilty in Arraignment to Sex Charges
By David Shankbone – Own work, CC BY 3.0, LinkDisgraced Hollywood film producer Harvey Weinstein pleaded not guilty to three felony charges last Tuesday (June 5) during his arraignment in a New York Supreme Court. His attorney, Benjamin Brafman, denies that Weinstein did anything wrong. Weinstein surrendered to authorities on May 25, but is free on a $1 million cash bail. On May 30, a grand jury indicted him on one count of a first-degree criminal sex act and two counts of rape. Weinstein’s next court hearing isn’t until September 20. “As terrible a crime as rape is, it is equally reprehensible to be falsely accused of rape, and since Mr. Weinstein has denied these allegations, that’s where we are,” Brafman told reporters outside of court Tuesday. Weinstein’s high profile case almost single-handedly helped spark the now global #MeToo movement of women who’d been afraid of speaking up but are now accusing men of sexual harassment,…
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Gonzales Rose on Racial Character Evidence in Police Killing Cases
Jasmine B. Gonzales Rose (University of Pittsburgh - School of Law) has posted Racial Character Evidence in Police Killing Cases (Wisconsin Law Review, Vol. 2018, No. 3, p. 369) on SSRN. Here is the abstract: The United States is facing...
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Scope of Washington Investigative Stop Can Be Expanded
Both the U.S. and Washington Constitutions prohibit warrantless seizures, unless the state can show an exception applies. Washington criminal defense attorneys know that one such exception is the Terry stop. An officer may briefly detain an individual if he or she has a reasonable suspicion of criminal activity based on specific and articulable facts the officer knows at the time of the stop. If the activity is consistent with criminal activity, it may justify a brief detention, even if it is also consistent with activity that is not criminal. A Washington defendant recently challenged her convictions on the ground that the stop was unlawful. After being notified of unauthorized vehicles in his driveway, a man returned home to find he had been burglarized. He reported unauthorized vehicles in his driveway, and two men were arrested. He subsequently found another vehicle on the private road to his house and again called the police. The…
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Washington Supreme Court Finds Search Valid Due to Consent
A homeowner or resident may consent to police searching the home. Washington drug crime attorneys know that a homeowner or resident’s consent can affect others in the home. In a recent case, a defendant was convicted of unlawful possession of a controlled substance with intent to deliver within 1,000 feet of a school bus stop following a search of an apartment. The police found the defendant in a woman’s apartment during a protective sweep in response to a report of an assault and robbery in the apartment by the defendant and two others. The defendant appealed, arguing the sweep exceeded the scope of the “protective sweep” exception to the warrant requirement. Continue reading
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Donald Trump and Corrupt Pardons
President Donald Trump and his administration may ultimately be recorded as the most corrupt in American presidential history. Since assuming the presidency, Donald Trump has issued five pardons—one of those was a posthumous pardon granted to the legendary boxer John Arthur “Jack” Johnson. Three of the remaining four were granted to individuals—former Arizona Sheriff Joe Arpaio, former vice-presidential chief of state Lewis “Scooter” Libby, and conservative blogger/author Dinesh D’Souza—who either supported the president or share his extreme brand of political conservatism. He has indicated he will probably pardon some of his fellow television celebrity friends who ran afoul of the law. D’Souza pleaded guilty in federal court and was sentenced eight months house arrest, hardly the kind of rough treatment he now claims. The pardons for Arpaio/Libby/D’Souza were issued by Trump because the president…
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Injuries Resulting from Construction Site Accidents
Inhabitants of Chicago and the surrounding areas know that construction work is a never-ending process. Although there are many legal protections and regulation in place to try to prevent accidents, construction sites can be quite dangerous. If you have been hurt while visiting or working on a construction site, you may be able to recover costs associated with your injury through a personal injury lawsuit. Causes of Construction-Related Injuries Construction workers represent just 6 percent of the total workforce in the United States, and yet they account for 20 percent of all work-related fatalities. Construction work can be full of hazards and dangerously powerful equipment. Injuries and deaths on construction sites can be caused by tripping and falling, electrocution, mishandled equipment, unsecured scaffolding, motor vehicle accidents and more. Of course, those who work in construction know that there are certain risks associated with the profession, and employers or…
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"Pacta Sunt Servanda -- State Legalization of Marijuana and Subnational Violations of International Treaties: A Historical Perspective"
The title of this post is the title of this new paper authored by Brian Blumenfeld now available via SSRN. Here is its abstract: In November 2012, voters in the states of Colorado and Washington passed ballot initiatives to legalize recreational marijuana industries. Since then, six additional states and the...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/qoEEyCUoZYI" height="1" width="1" alt=""/>
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Freedom at a Cost: The Devastating Case of Corey Williams
On Monday, The Nation published an article that explores the devastating case of Corey Williams. In January 1998, Williams was in his neighborhood in Shreveport, Louisiana, when a pizza delivery driver was fatally shot. Williams—a black 16-year-old with a severe intellectual disability—ran home after he learned of the shooting. When police located Williams and brought him in for questioning, he was interrogated for 12 hours before he ultimately confessed to the murder. In October 2000, Williams was convicted and sentenced to death, even though no physical evidence tied Williams to the crime and he insisted his confession was false. He was later resentenced to life in prison after a judge ruled that Williams was intellectually disabled and thus not qualified for the death penalty. Related: Why Do Innocent People Confess? In May 2018, the Caddo Parish District Attorney’s Office offered to release Williams in exchange for a manslaughter plea. Believing this was…
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Reviewing the Supreme Court's work in sentence modification cases of Hughes and Koons
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Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account
Gizmodo: Paul Manafort Learns That Encrypting Messages Doesn’t Matter If the Feds Have a Warrant to Search Your iCloud Account by Matt Novak: Federal prosecutors have accused Paul Manafort of witness tampering, alleging that he used WhatsApp and Telegram in … Continue reading →
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Trump Commutes Alice Johnson's Sentence
Donald Trump has commuted the life sentence of Alice Marie Johnson, who came to his attention through Kim Kardashian, who learned of Johnson on Twitter. As Kevin Drum writes at Mother Jones, while Johnson should have her sentence commuted, Trump... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Vandervort on Sexual Assault
Lucinda Vandervort (University of Saskatchewan) has posted 'Reasonable Steps': Amending Section 273.2 to Reflect the Jurisprudence (2019 Criminal Law Quarterly, Forthcoming) on SSRN. Here is the abstract: This short piece proposes an amendment to section 273.2 of the Canadian Criminal...
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Just Security: Opinion: What If Police Use ‘Rekognition’ Without Telling Defendants?
Just Security: Opinion: What If Police Use ‘Rekognition’ Without Telling Defendants? by Sarah St. Vincent: At least two US law enforcement departments – and Motorola, which sells equipment to the government – have already purchased access to Amazon’s ‘Rekognition’ system. … Continue reading →
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