Most people do not realize that it is a federal crime to lie to a federal law enforcement agent. However, 18 U.S.C. § 1001 makes it a federal felony, punishable by up to five years in prison (or 8 years for a case involving terrorism), to “knowingly and willfully falsify, conceal, or cover[] up any trick, scheme or device a material fact… or make[] any materially false, fictitious, or fraudulent statement or representation” in regards to a federal law enforcement investigation. It also prohibits the knowing and willful making or using of any “false writing or documents containing the same to contain any materially false, fictitious, or fraudulent statement or entry.” Thus, for example, a criminal suspect who lies when questioned by an FBI agent can be guilty of a serious crime, even if that suspect is not actually guilty of the underlying crime for which he was being investigated. This situation often arises when people who have received…
Federal criminal charges for lying to a federal agent (18 USC § 1001)
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Pew Research Center reports uptick in support for death penalty
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U.S. Extradites Former Panamanian President Martinelli to Panama
On June 11, 2018, the U.S. Department of Justice announced today it extradited Ricardo Alberto Martinelli Berrocal, who served as President of Panama from 2009 to 2014, to stand trial in that country on four charges related to an illegal wiretapping scheme allegedly conducted while he was in office. Panama indicted Martinelli ,66, formerly of Coral Gables, Florida, for illegally monitoring communications of more than 150 people between 2012 and 2014 using an extensive surveillance system, and for embezzling over $10 million in public funds. A justice of the Supreme Court of Justice of the Republic of Panama (the highest court in Panama) issued an arrest warrant for Martinelli on Dec. 21, 2015. The Criminal Division’s Office of International Affairs, working with the government of Panama, the U.S. Attorney’s Office for the Southern District of Florida, and the U.S. Department of State successfully returned the former Panamanian President in response to a…
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Seemingly everyone joining the call for federal marijuana reforms following introduction of STATES Act
Last week's introduction of the STATES Act (basics here) along with Prez Trump's seeming endorsement (basics here) seems to have made it cool for all sorts of government officials to start actively advocating for federal marijuana reform. Specifically, check out these recent posts from Marijuana Moment about what is afoot...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/rovZZdV4Z4Y" height="1" width="1" alt=""/>
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Dog vs. Mailman: Who’s Liable?
A man’s best friend, that is until that man decides to deliver mail. Dogs seem to have it out for postmen whether it’s in cartoons, books, or in real life. This may stem from a territory breach in the eyes of your dog when instead you’re just trying to receive your bills, birthday cards, and magazine subscriptions. Most of the time a dog may just bark, or run to the edge of the fence to watch over the approaching stranger, but what if he bites the mailman or woman? Or worse, severely injures him or her? In the state of New Jersey, as with most states, there is a strict liability law, under which makes dog owners liable in a civil lawsuit when their dog bites another person. This holds true if the victim was on public property or legally on private property during the attack. Looking at this through premises liability law, anyone entering your property should have a reasonable expectation of not being injured. It is the property owner’s job to make sure…
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New York City Bar Association issues report supporting proposed New York marijuana legalization law
The New York City Bar Association's Committee on Drugs and the Law released this notable 11-page report today (also available here), which starts and ends this way: The New York City Bar Association’s Committee on Drugs and the Law (“the Committee”) respectfully submits this report examining and approving the legalization,...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/Vp83qFrjPM0" height="1" width="1" alt=""/>
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Public support for the death penalty ticks up
Baxter Oliphant of the Pew Center has this article with the above title on the Pew Factank blog.The question wording in this poll is the traditional wording that Gallup began using in the 1930s. As noted several times on this blog (see, e.g., this post) this wording understates actual support for the death penalty. It is primarily useful for tracking relative changes over time simply because it has such a long history. When people are asked the real question, as in the poll noted in the prior post, support is much stronger.Here is an interesting fact from the crosstabs:The trends look somewhat different when considering a more recent time frame. Since 2016, opinions among Republicans and Democrats have changed little, but the share of independents favoring the death penalty has increased 8 percentage points (from 44% to 52%). I would not put too much emphasis on one poll, but an 8% jump among independents in two years is quite an increase. That is…
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Cook County Judge Orders Jail Time & Sanity Test for Laughing Courtroom Spectator
A Cook County judge in the murder case against Chicago Police Officer Jason Van Dyke has ordered a courtroom spectator who made a strange laughing sound during a hearing last Thursday to be jailed for more than five weeks and subjected to a sanity test. The two-second outburst took place after the judge called for a recess and was stepping toward his chambers. The judge ordered courtroom deputies to take the spectator into custody. After the hearing, the judge had him brought back out. Standing before the judge, the man squinted and appeared confused. The judge entered a finding of direct criminal contempt and ordered him jailed without bond until a July 10 hearing. The judge also ordered the circuit court’s Forensic Clinical Services unit to examine the man for his fitness to stand trial and his sanity. The man, 59, lives on Chicago’s Northwest Side. His mother, who lives in Indiana, said he has struggled with bipolar disorder since he was a teenager. She said he…
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Reduced Penalties for Holding a Raccoon or Coyote in Captivity
Anyone in Utah holding a raccoon or coyote in captivity illegally may now face reduced penalties thanks to S.B. 180 passed in early May. Holding a raccoon or coyote in captivity Some Utah residents interested in having non-traditional pets may trap a wild animal hoping to domesticate it. Other times an abandoned baby animal may […]
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What Rights Do I Have if Police Want to Enter My Home?
As a resident of the United States, you have certain rights and responsibilities under the U.S. Constitution. For example, if police arrive at your door and want to talk to you or enter your residence, you have Fourth Amendment rights that law enforcement officers must follow. Although you may be fearful or feel intimidated by the presence of police at your home, you should not hesitate to invoke your rights and require that officers respect those rights. The Fourth Amendment to the U.S. Constitution guarantees your right to be free from unreasonable search and seizure. Keep in mind that police do not only arrive at your door intending to accuse you of a crime and search your home. Police officers may be visiting you about a totally unrelated incident. Therefore, you should first figure out why law enforcement officers are at your door. If the police indicate that you are the target of your investigation, however, you need to be aware of and advocate for your legal rights. The…
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DOMESTIC VIOLENCE
DOMESTIC VIOLENCE We have all had arguments with our significant others. That’s part of a relationship. But if it escalates you might well end up arrested for domestic violence. Since the OJ Simpson case, police have treated domestic violence cases seriously. It used to be that police were loath to get in the middle of disputes between a husband and wife or boyfriend and girlfriend. They would usually try to de-escalate the situation, and make sure no one was hurt. If that was the case, the police officers would give a warning and that was that. The next day the lovers would make up and move on with life. However, this all changed after the OJ Simpson case. Now, the reality is that even if there is an accusation by one party against the other, usually police will make an arrest and ask questions later. All the police are concerned about is making the arrest and separating the parties. Usually it is the male who gets arrested. The police essentially leave it up to the…
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Spotlighting the role of prisons and jails as our modern mental health facilities
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"Trump asks for clemency names and lists promptly arrive at White House"
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Intoxicated Teenager Crashes Car Into Sand Trap on Golf Course
On Tuesday, June 5, a 19-year-old young man who is suspected of having been under the influence of alcohol navigated his vehicle onto a golf course where he allegedly drove erratically until crashing into a sand trap. Jack Robertson, a teenager and a resident of Seminole, was allegedly out driving his car around 6:30 pm on Tuesday while he was reportedly inebriated. Robertson made his way to the Bayou Country Club near his home and allegedly drove his car onto the grassy fairway of the golf course. Members of the club that were present reported that they saw Robertson driving his vehicle around the course and doing donuts. After a short time, Robertson allegedly ended up getting stuck when he crashed his car into a sand trap. Continue reading →
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Are Escorts Legal in Los Angeles?
In today’s society, it seems like you can purchase just about any service you need or want. This is even true of human companionship. Escorts are individuals who are paid to simply spend time with you. Escorts can be hired to accompany you to a public outing or family event, or simply to sit and […]
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NACDL: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry
NACDL, The Champion: Riling Up the Border Search Doctrine: Litigating Searches of Digital Content at Our Ports of Entry by Aisha J. Dennis, The Champion 40-46 (Mar. 2018)
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SJC Grants New Trial in First Degree Murder Case Based on Newly Discovered Evidence
In Commonwealth v. Drayton, the Supreme Judicial Court affirmed the allowance of the defendant’s motion for a new trial on a first-degree murder indictment, based on newly discovered hearsay evidence which the Court deemed admissible pursuant to a “narrow, constitutionally based exception to the hearsay rule.” The background was as follows. The defendant was convicted of shooting the victim in the apartment of James Jackson. The Commonwealth’s case was based almost entirely on the testimony of Jackson, who said he saw the defendant shoot the victim. A year and a half after the trial, a woman named Debra Bell “came forward and stated in an affidavit that Jackson could not have witnessed the shooting because” at the time it occurred, he was with Bell in the bathroom of the apartment “‘smoking crack cocaine and engag[ing] in sexual acts.’” In her affidavit, Bell “stated that she was diagnosed with metastatic…
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CCC 3.0 | Key Insights for Cannabis Entrepreneurs with Anne Van Leynseele
The post CCC 3.0 | Key Insights for Cannabis Entrepreneurs with Anne Van Leynseele appeared first on 7 Point Law.
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NC DMV License Suspension Out of State Speeding Ticket
I paid a traffic ticket out of state and now my North Carolina Driver’s License is Scheduled to be Revoked. What do I do? In North Carolina a person’s license can be suspended (NC DMV license suspension) for a number of speeding violations, even if it is the first ticket a person has received (e.g. traveling more than 15 mph over the speed limit when the posted speed limit is 55 mph hour or greater – for instance 72 mph in a 55 mph zone). If a person simply pays a ticket in another state (even if they never have to go to court in that other state) that could negatively impact that driver’s NC license. If the other state reports the traffic conviction to NC and it is an offense for which NC can suspend, then the NC DMV will notify the driver that his license is scheduled to be suspended, and that the driver can request a hearing related to the suspension. Timing of the Notification from the DMV It can take months for the NC DMV to notify a driver…
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The State’s Reliance on Only an Anonymous 911 Tip Wasn’t Enough in a Baltimore Man’s Criminal Trial
Most people, including non-lawyers, are aware that the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. A non-lawyer, including even a very knowledgeable one, however, might not be aware of what a “Terry stop” is and what that phrase can potentially mean with regard to a warrantless search conducted by police. In many criminal cases, the difference between conviction and acquittal may be the ability to get certain important evidence excluded, which is where concepts like a Terry stop can play a very important role. This legal terminology demonstrates just how important it is to have knowledgeable Maryland criminal defense counsel on your side in order to take the law and use its protections to their fullest extent to protect your rights in your criminal case. A recent case from Baltimore was one in which the law of searches and seizures led to the exclusion of key evidence. What would eventually become Maurice’s…
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