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Is Gambling A Crime In New York City?

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New York has a clear policy when it comes to gambling in the City and everywhere in the state: Gambling is against the law. -That said, there are a number of specific offenses that can be charged, and penalties can vary from misdemeanors, carrying a possible sentence of a year in jail, to felony convictions carrying long prison terms. The goal of New York’s gambling prohibition is largely related to the state’s interest in impeding the activity of organized crime enterprises, but it’s a fact of life that good people can get caught up in the enforcement of anti-gambling laws. Whatever the charges, don’t take chances when you’re facing prosecution for any gambling offense in New York City. Call our experienced NYC criminal defense team at (212) 577-6677 and get capable legal help right away.

A Q&A with John Bessler

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John Bessler recently took a break from his hectic schedule to participate in a Q&A about his latest book, The Birth of American Law: An Italian Philosopher and the American Revolution. It's just been published by Carolina Academic Press. Q....

What Are The Penalties For Doctors Who Over-Prescribe In New York?

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Doctors who over-prescribe drugs in New York are likely to fall under suspicion from the DEA, who will investigate for prescription fraud. If DEA finds significant evidence of wrongdoing, there are a number of charges that can ultimately be filed, with a wide variety of sentencing options. Prescription Drug Fraud is a felony crime that carries a sentence of up to five years in federal prison, but federal cases tend to be complicated and include many parts. The DEA maintains a database of all prescription drug orders that are filled, and doctors and pharmacists should be vigilant about their actions. Unusual prescribing patterns, excessive prescriptions, or prescribing drugs that shouldn’t be taken together are all actions that can bring unwanted attention to your medical practice. If you believe you are under investigation for prescription fraud or related activities, call our experienced New York City criminal defense team today at (212) 577-6677. We are broadly…

It Must Be True: It's on the Internet!--Federal Court Reverses Criminal Case Because Russian Social Media Page Not Properly Authenticated

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People who have the misfortune of finding this blog know that I like to write about the intersection of the modern tech-filled world with older rules that govern criminal cases, rules like the Fourth Amendment and the like. The United States Court of Appeals for the Second Circuit recently reversed a federal criminal case out of New York when the prosecutor convinced the trial judge to let her use a page off what is supposedly the Russian version of Facebook. The prosecutor and the judge essentially said that because the page had the Defendant's picture and some other information related to him he must have been the one to create it. The appellate court took a different view, and reversed the conviction, the ruling can be found here. Aleksandr Zhyltsou is from the Ukraine, and supposedly is a professional forger. Another Ukrainian con man named Timku was caught in a series of frauds, pretending to be a diplomat and the like. Timku tried to help himself by agreeing…

CLOSED FOR ATONEMENT

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Tonight is the service of Kol Nidre, which as we understand it, is an ancient ceremony whereupon people who were forced into debts or promises against their will are relieved of such obligations. It is a ceremony unique to oppressed people and slaves. How could is such an ancient ceremony relevant in 2014? What are we now forced to do or forced to promise that we need the intervention of the almighty? Earlier this year we tried a lengthy federal trial and one after another, the government marched in pathetic individuals, shackled, in prison khakis, who shamefully admitted their part in an insurance scam. These were bit players, who were paid $500.00  or a $1,000.00 to participate in a small way in a very large fraud.  What struck us was that they all were sentenced to between two and four years for their actions, and now, as part of the contract they entered into with an Assistant United States Attorney out for the blood of our client, they came to…

Pen Register and Trap and Trace Order...cont

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The criminal court held that, based upon the combined testimony of the three Detectives, this Court finds that they were led to a particular street, as a result of the Electronics Squad receiving the G.P.S. location of the complainant's cellular phone. The G.P.S. tracking of the cellular phone was authorized by the Pen Register and Trap and Trace Order. Since the use of the G.P.S. technology was authorized by the Pen Register and Trap and Trace Order, this Criminal Court finds that the location obtained using the G.P.S. technology provided the Police with not only a reasonable basis, but reasonable suspicion to travel to and enter the building. Based upon the testimony adduced at the hearing, this Court finds that the Detectives were led to the apartment as a result of the Electronics Squad receiving the G.P.S. location of the complainant's cellular phone. As set forth above, the G.P.S. tracking of the cellular phone was authorized by the Pen Register and Trap and…

Casino Trespassing in Las Vegas

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What springs to mind when you think of trespassing? Chances are that you think of teenagers jumping fences. While this is an example of a transgression against NRS 207.200, the law against trespassing, other conditions apply. Surprisingly, the majority of people who are arrested for trespass in Nevada are charged while at a casino. That’s because the definition of trespassing under NRS 207.200 encompasses entering property to annoy the owner and willfully staying on another’s property after having received a no trespassing warning. It’s easy to be arrested and charged under NRS 207.200 in Nevada casinos. Frequently, this happens because casino security guards overreact. The accused person may not have broken any laws, but security personnel aren’t interested. The cops have been called, and they are more likely to listen to the security guard than the person they are detaining. An individual may also be charged with trespassing under NRS 207.200 for…

License Suspension and Revocation Laws in Wisconsin

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Dealing with a license suspension or revocation isn’t easy and can hinder every aspect of your life. From getting to work to picking up your children, daily tasks can quickly become very challenging. Driving while your license is suspended or revoked is illegal in the state of Wisconsin. Whether the license is suspended or revoked, the impact on a driver’s ability to operate a vehicle is essentially the same. There are a number of reasons for which your license can be suspended or revoked. Under Wisconsin law, your license can be suspended if you are habitually reckless or negligent in that you have repeatedly violated traffic laws. Your license can also be suspended or revoked for operating a vehicle while intoxicated or other alcohol-related offenses, excessive speeding, unpaid tickets, and certain sexual assault convictions. Each traffic offense comes with a certain number of demerit points. Once an individual accumulates 12 or more demerit points…

Texas Parole Commissioner's Indictment Released

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The Houston Chronicle posts, "State parole commissioner indicted," this afternoon. It's by Brian Rogers. A state parole commissioner in Huntsville has been indicted on charges of tampering with a government record, a third degree felony punishable by a maximum of...

**Update***Two -vehicle injury crash on SH50 at milepost 2, near Kimberly, blocking both lanes

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IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 10/3/204 2:50pm Please direct questions to the District Office **Update*** On Friday, October 3, 2014, at approximately 7:50 a.m., the Idaho State Police investigated a two-vehicle injury crash on SH50 at milepost 1.6, near Kimberly. Scott Peters, 69, of Diamond Springs, CA was traveling westbound on SH50 in a Freightliner Semi truck. Jose Gonzalez-Lopez, 31, of Jerome, was traveling eastbound on SH50 in a 2004 Porsche. Gonzalez-Lopez failed to maintain his lane, crossed over the center line and side swiped Peters. Gonzalez- Lopez continued eastbound and went off the south shoulder of the highway and came to rest in a field. Peters continued westbound, went off the…

News Scan

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Nevada High Court Upholds Death Sentence: The Nevada Supreme Court has ruled in favor of upholding the death penalty for a California man convicted of murdering his wife in a Las Vegas hotel room in 2006.  Sean Whaley of the Las Vegas Review Journal reports that prosecutors allege that John Watson shot his wife before cutting her body up with a band saw.  In letters written from jail, Watson admitted to cooking and eating part of his wife's body, but police have yet to find any remains.  Watson challenged his sentence based on the claim that he suffered from mental illness.Texas Man Sentenced to Life in Brutal Killing: A Texas man convicted of brutally murdering a woman and her one-year-old son in 2011 has been sentenced to in prison.  Annie Potasznik of CBS Dallas Fort Worth reports that 31-year-old Thomas Olivas brutally stabbed the woman before setting her apartment on fire with her infant son trapped inside.  Police believe the pair had a prior…

Possession of Photographs Depicting Sexual Conduct by a Child

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In the case of Stephen Chesser versus the State of Florida, Mr. Chesser was charged with nine counts of possession of photographs depicting sexual conduct by a child with intent to promote.  All nine photographs were found in… The post Possession of Photographs Depicting Sexual Conduct by a Child appeared first on Chapman Criminal Defense Firm.

Do New Legal Changes Give Prosecutors a Potentially Dangerous Amount of Power?

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A new article in the Economist examines how recent legal changes have placed, perhaps, an overabundance of power in the hands of American prosecutors. According to the article, the changes include "an explosion" of cases ending in guilty pleas and a high number of cases in which defendants become informants, speaking out against one another in exchange for deals that will lessen their charges or sentences. The Economist reports: . . . American prosecutors are more powerful than ever before. Several legal changes have empowered them. The first is the explosion of plea bargaining, where a suspect agrees to plead guilty to a lesser charge if the more serious charges against him are dropped. Plea bargains were unobtainable in the early years of American justice. But today more than 95% of cases end in such deals and thus are never brought to trial. Jed Rakoff, a district judge in New York, thinks it unlikely that 95% of defendants are guilty. Of the 2.4m Americans behind…

Phelps on Sociological Research on Probation Supervision

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Michelle S. Phelps (University of Minnesota - Twin Cities - Dept of Sociology) has posted The Curious Disappearance of Sociological Research on Probation Supervision (Criminal Justice and Law Enforcement Annual: Global Perspectives, no. 2 (April 2015 Forthcoming)) on SSRN. Here...

New Sentencing Guidelines in England and Wales for Fraud, Bribery and Money Laundering Offences

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In May, the Sentencing Council for England and Wales issued their "Fraud, Bribery and Money Laundering Offences - Definitive Guidelines." The Guidelines apply to "all individual offenders aged 18 and older and to organisations who are sentenced on or after...

Felony DUI vs. Misdemeanor DUI in Orange County California

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Typically, if you are arrested for driving under the influence or driving while intoxicated, you will be charged with a misdemeanor. However, there are situations that can and will result in a felony DUI. Here are some examples of felony DUI’s: Fourth or More DUI A fourth, or more, arrest for DUI, within a ten-year period, will automatically be filed as a felony. A felony is obviously more serious in terms of the consequences but it also has a more serious long-term effect on a person’s life. A conviction for a 4th DUI typically requires jail time. However, depending upon the individual’s circumstances, alternative sentencing may be an option. For someone who has a family and a job, and who may be the sole support of their family, an aggressive DUI defense lawyer is absolutely crucial. Getting creative with the sentencing that will both satisfy the Court and help the individual keep their job, should be the goal of the attorney. DUI with Great Bodily Injury If…

Hit and Run: Avoiding Leaving the Scene Charges in Florida

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If you've ever been in a crowded parking lot where space is limited, you know that you should be more careful than normal when maneuvering through the tight spaces that often accompany these situations. Misjudging the amount of space available to make a turn into a parking space, for instance, could easily result in a minor collision. So what are you required to do after you lightly swipe the car next to you? As a Jacksonville traffic attorney and criminal defense attorney, I've seen what can happen when people are unfamiliar with what they are required to do, or simply make the mistake of leaving the scene because they're scared and nervous. Leaving the scene without doing certain things that Florida law requires of a driver involved in an accident, is a criminal traffic offense that could lead to you being arrested. So how do you avoid being charged with the crime of Leaving the Scene of an Accident? Damage Caused to Attended Vehicle or Property Florida…

ISIS Beheads Alan Henning, Says American Aid Worker is Next

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ISIS, through al Furqan Media, released a video of the beheading of British aid worker Alan Henning. The same black-clad executioner in the Foley, Sotloff and Haines videos appears with him. (Not a link to video, just to article describing it.) ... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Hearst Corp. v Clyne...cont

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In Matter of Hearst, the Court of Appeals identified three factors which would justify an exception to the mootness doctrine: "(1) a likelihood of repetition, either between the parties or among other members of the public; (2) a phenomenon typically evading review; and (3) a showing of significant or important questions not previously passed on, i.e., substantial and novel issues." Where these three factors are present, this issue should be addressed by a criminal court as an exception to the mootness doctrine as held in People v Brown, People v Mejia, Matter of Crystal AA and Wagner v Infante. In the case at bar, the court finds that they are all present. The question raised is repeatedly addressed every day in the criminal courts of the City and State of New York. Further, different judges may view the same accusatory instrument and, in exercising their discretion under Kalin, may come to opposing conclusions as to whether or not said accusatory instrument…

Friday Night Open Thread

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It's sundown here, the official start to Yom Kippur -- the Day of Atonement. Yom Kippur is a day of reconciliation, when Jews strive to make amends with people and to draw closer to God through prayer and fasting. The ten days leading up to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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