So... you want to grow some weed because you have a Maine Medical Marijuana card. Well, before you go down that road, you better become intimately familiar with the regulations governing the cultivation of marijuana with respect to persons who hold a Maine Medical Marijuana card. You see, that's what separates criminal conduct from sanctioned conduct under our laws in Maine. First, if you're going to grow marijuana, it has to be done in a controlled environment inside a building OR inside a greenhouse outside. That grow area must have appropriate security measures implemented (IE, locks at a bare minimum). If grown outside and not in a greenhouse, then it must be protected by a minimum 6ft high security fence with appropriate safety measures. Second, in Maine, it is illegal to possess more than 2.5oz of prepared marijuana. It is also illegal to possess too many non-flowering female plants or mature marijuana plants (defined as a…
Cultivating Marijuana and Relying on your Maine Medical Marijuana Card
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Why an attorney for a federal sentencing reduction?
Several individuals have asked me why the need for an attorney to reduce federal drug sentences. If the law is going to change, why do I need to hire a criminal defense lawyer? In the first place, the reduction in sentence is not automatic. The court will decide if one qualifies for the two level reduction. Second, courts are not appointing attorneys for the sentence reductions. This means the inmate must find someone competent to bring the petition. Third, a person only has one chance to bring the petition. If the petition is not brought well, the inmate could spend several additional years in jail. Finally, the drafting of these petitions is difficult. Only a lawyer with lots of experience in federal law will no now to best present the petition and whether an inmate qualifies for the program. Each day of liberty is precious. We are the experts in the bringing of motions for a sentence reduction. Send us a message here or write to us at…
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Fatal Crash on US-93, north of Salmon
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 10/1/2014 8:15 p.m. Please direct questions to the District Office The Idaho State Police is on scene of a a single-vehicle, fatal crash northbound US-93 at milepost 312, north of Salmon. More information will be released as it becomes available. DSP Initials KB / LL -------------
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Can a Man Use Self Defense Against a Woman in a Domestic Violence Case?
What happens if you are forced to defend yourself against your domestic partner and she calls the police on you? Is self defense a legal justification for the use of force, even if you’re a man and your domestic partner is a woman? In California, the answer is yes. California prosecutes domestic violence aggressively, but the violent party isn’t always a man. The law recognizes that women can be guilty of domestic violence, and if you are in fear of imminent bodily harm or of being unlawfully touched, you can use force to defend yourself. If you are forced to defend yourself against your wife or girlfriend’s physical assault, and she then calls the police on you, you can assert that you acted in self defense. What Elements Constitute Self Defense in California? According to California Criminal Jury instructions (CALCRIM 3470) 1 use of force is justified if You reasonably believed you were in immediate danger of being injured or touched…
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New top Justice in Massachusetts urges repeal of mandatory minimums for low-level drug offenders
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CJLF Newsletter
For readers interested in following CJLF's work, the present and previous editions of our quarterly (more or less) newsletter, the Advisory, are available online. Links are maintained in the Publications section of our main web site.Hard copies of the Advisory are mailed to all CJLF contributors upon publication.
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An Update From Kirk Bloodsworth
Kirk Bloodsworth was the first person who had been sentenced to death and exonerated by DNA evidence. Tim Junkin's book, Bloodsworth, written with Kirk's involvement, is the harrowing tale of Kirk's journey. It was published in 2004. Since then, Kirk...
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Prosecutors and the Criminal-Justice System
People who are not familiar with the criminal-justice system often tend to believe that the most powerful person in the courtroom is the judge. But that is not always true. Earlier this month, The Economist printed the following … The post Prosecutors and the Criminal-Justice System appeared first on Chapman Criminal Defense Firm.
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Federal Restrictions on Gun Ownership by Convicted Felons
Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state. Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition.” Specifically a person “convicted in any court of a crime punishable by imprisonment […]
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Florida Police Needed a Search Warrant to Track a Suspect's Cell Site Location
In Florida, a person has a Constitutional right to be free from unreasonable searches and seizures. Sometimes this is obvious. A police officer cannot just search a person's home or car without consent or a search warrant in most cases. However, it can also get complicated as old rules may be difficult to apply to newer technologies. In a recent trafficking in cocaine case near Jacksonville, Florida, the case started as most drug cases do with a confidential information telling police that the defendant was moving large quantities of cocaine throughout the area. The informant indicated he had phone conversations on the suspect's cell phone where large cocaine transactions were discussed. With this information, the police obtained a pen register and trap and trace device on the suspect's phone with a court order. The pen register records the phone numbers dialed from that phone. The trap and trace device records the phone numbers of incoming calls to the…
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Borgmann on Government-Imposed Bodily Intrusions
Caitlin E. Borgmann (CUNY School of Law) has posted The Constitutionality of Government-Imposed Bodily Intrusions (University of Illinois Law Review, p. 1059, 2014) on SSRN. Here is the abstract: Throughout its history, this country has recognized the common law right...
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The trial was adjourned until October 24, 2011
In February 7, 2011, a one hundred seven (107) count indictment was filed with the Nassau County Court Clerk charging fourteen (14) defendants, each with a count of Enterprise Corruption, Conspiracy in the Fourth Degree and Scheme to Defraud in the First Degree. Each criminal defendant was charged with additional differing counts, including Money Laundering in various degrees, Falsifying Business Records in various degrees, Identity Theft in the First Degree and Grand Larceny in various degrees. A Nassau County Criminal Lawyer said that all defendants were arraigned and on April 6, 2011, specific dates were scheduled by the Court regarding time limitations for plea negotiation and discovery. On that date, in light of the large number of defendants, attorneys, witnesses, and the complexity of the case, a firm date of October 17, 2011 was set for the commencement of trial. The Court inspected the twelve hundred (1,200+) plus pages of grand jury minutes and issued orders on…
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Three Ways to Fight Your Darien, Stamford or Greenwich Domestic Violence Arrest
Getting arrested for a domestic violence crime in Stamford, Greenwich or Darien can sometimes feel like being thrown into a snake pit. While the State of Connecticut’s domestic violence response protocols are well-intentioned to protect family members and intimate partners from harm and abuse, it can sometimes be too heavy-handed on the person suspected with domestic violence. Restraining orders are immediately put into place which can at times forbid you from returning home, seeing your children, or speaking with your spouse. So how can you most effectively fight your Darien, Stamford or Greenwich domestic violence arrest for Disorderly Conduct or Assault? We’ve outlined three approaches that have been successful in prior cases. Click here to learn more… The Most Frequently Charged Stamford Domestic Violence Crimes Perhaps the two most frequently charged domestic violence crimes we see people arrested for in Stamford, Greenwich and Darien are…
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LAW NEWS: Pa Legislature changes retroactive effect of Adam Walsh Act
On December 20, 2012, the Adam Walsh Act (SORNA) required many individuals who were convicted of sex offenses but not classified as violent sex offenders to begin registering as sexual offenders. A new law passed in March 2014 has removed the registration requirement for individuals convicted of second-degree felony Indecent Assault between January 22, 2006, and January 1, 2007; Unlawful restraint (18 more »
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ISP investigates a commercial vehicle crash near Victor.
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 10/20/14 - 5:00 p.m. Please direct questions to the District Office On Monday, October 20, 2014, at approximately 11:30 a.m.,Idaho State Police investigated a commercial vehicle crash on Idaho Highway 31 near Victor. Charles Camper, age 54, of Florence, Colorado, was driving south on Highway 31 near milepost 17 in a 2005 Kenworth tractor pulling a trailer full of livestock. Camper failed to safely negotiate his vehicle around a corner causing the vehicle to tip over. Camper was transported to Teton Valley Hospital in Driggs as a precautionary measure, and was released. The trailer held 85 head of cattle: 23 died in the crash and another 2 were injured. The highway was blocked…
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Nassau County Police Department...cont
It must be emphasized, once again, that a Grand Jury proceeding is not a mini-trial and that the District Attorney is not required to present to the Grand Jury all evidence in its possession. If an evidentiary basis can be established, the trial would be the proper forum for the introduction and exploration of the numerous reports cited by the criminal defense. The defendant makes the additional argument that the evidence before the Grand Jury was not legally sufficient to establish the offenses charged and therefore the indictment must be dismissed. After a careful inspection of the Grand Jury minutes, the court must disagree with the defendant's argument. The criminal defendant next argues that the indictment must be dismissed pursuant to CPL §§ 210.20(1)(a) and 210.25(1) because it is defective in that it does not substantially conform to the requirements of CPL § 200.50. CPL § 200.50(7)(a) provides that an indictment must contain a plain and…
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Three Vehicle Injury Crash on Interstate 84 near Eagle Road
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: 10/20/2014 at 5:30 p.m. Please direct questions to the District Office On October 20, 2014, at approximately 8:36 a.m., Idaho State Police investigated a three-vehicle, injury crash eastbound on Interstate 84 at milepost 46, near Eagle Road. Meghan Dickinson, age 21, of Nampa, ID was traveling east in a 1999 Buick Century. Joshua Pete, age 23, of Fredonia, AZ, was traveling east in a 2003 Ford F250. Joyce Jorgensen, age 46, of Nampa, ID, was also traveling east in a 2008 Toyota Sienna when she failed to yield for stopped traffic. Jorgensen's vehicle struck Pete's vehicle, which then struck Dickinson's vehicle. Dickinson and Jorgensen were transported by…
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Criminal Mischief Charges Result from Church Vandalism, Burglary
A Duchesne County LDS church was vandalized on Tuesday, Oct. 14. Two days later, the parties responsible were arrested and booked on charges of criminal mischief, burglary, and misdemeanor theft. Thou Shalt Not Tag The criminal mischief incident in question took place Tuesday night sometime after 10:30 p.m. at the church located at 181 N. […] The post Criminal Mischief Charges Result from Church Vandalism, Burglary appeared first on Salt Lake City Criminal Defense.
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Ex-Maine Drug Prosecutor to be Sentenced in Federal Court
James Cameron, Maine's former top drug prosecutor, is looking at 24-30 years in prison based on convictions for possession of child pornography and criminal contempt for escape back in 2012. According to Judge Woodcock, Mr. Cameron had 171 photos of child pornography on his computer and while that isn't that much in the scheme of things all of them depicted sadistic masochistic conduct against the children. One of the victims is demanding restitution in excess of $5,000.00 for counseling costs. Judge Woodcock also found that Mr. Cameron had distributed some of those child porn images. In December of 2012, Mr. Cameron cut off his ankle bracelet monitor and fled the state of Maine. He was on the run for 18 days until a nation wide manhunt tracked him down in New Mexico. Judge Woodcock has indicated that an aggravating factor on the escape issue is that Mr. Cameron had apparently planned the escape for quite some time and timed it in advance…
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What Are The Federal Penalties For Trafficking Firearms In New York?
Federal criminal cases are especially complex, and when it comes to charges that you’ve trafficked firearms in New York, either by illegally importing and selling in the state or selling to unapproved persons (or both), you are facing charges that can put you away for decades. Typically, Federal firearms convictions result in a ten year sentence and $250,000 fine for each count, but since these cases are often enmeshed in other illegal activities, like drug trafficking, it’s difficult to guess what any person’s exposure will be. Our team of New York City based criminal defense attorneys are broadly experienced the Federal justice system, and can provide thorough counsel to protect your rights and seek the best outcome in your case. Whether your strategy is to fight inappropriate charges in court, or seek reduced charges through cooperation with the prosecution, we make sure our clients are fully prepared and informed at all steps of the process. Call us at…
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