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COMPOUNDING THE PROBLEM: DRIVING ON A REVOKED OR SUSPENDED LICENSE IN ILLINOIS

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I always warn my clients not to drive after their license is suspended for DUI. Once in trouble, you simply become a magnet for more. Recent Illinois case law has held that even if your license has already been revoked, the court can suspend it again. And each suspension increases your punishment. In People v Blair, a Defendant was convicted of driving on a suspended or revoked license in two separate cases. As a result, the judge sentenced the defendant to concurrent prison terms of seven years for one case and three years for the other. The defendant argued that he couldn’t be suspended because his license was already revoked. The court disagreed. Further, the court upheld the defendant’s otherwise lengthy sentences based on his criminal record which included 10 convictions for driving on a suspended or revoked license. These types of charges are extraordinarily easy for the state to prove. They need only show that your license was suspended or revoked…

Mazza, Lederman & Johnson on Surcharges and Penalties in Tax Law

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Stephen W. Mazza , Leandra Lederman and Steve R. Johnson (University of Kansas - School of Law , Indiana University Maurer School of Law and Florida State University - College of Law) have posted Surcharges and Penalties in Tax Law:...

Fifth Circuit Says Louisiana Can’t Nix Good-Time Credits Retroactively

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  Price v. Wade Correctional Center Should individuals who violate parole conditions after completing a prison term lose the lion’s share of the good-time credit they previously earned while incarcerated? Not according to the Fifth Circuit Court of Appeals, which recently ruled in favor of a man who was denied his good-time credits by the state of Louisiana. The court granted relief to Richard Price, who was sentenced for armed robbery in 1985 in the Bayou State. Paroled in 2003, he later violated a release condition and his parole was revoked. The state also revoked all of the good-time credit he had accumulated prior to parole, citing a 1997 change in the law mandating that parole violations would result in the forfeiture of credits. (The State Legislature, in changing the law, did not say that the loss of credits could be applied retroactively.) Prior to the change, the law stated that an inmate could lose no more than 180 days of good-time credit following a…

All You Care About Is Money

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This morning, I received a phone call from the jail. Some poor guy is “between a rock and a hard place,” in that he’s been locked up for allegedly committing a crime – a physical assault on another person. And he needs help. Well, that’s what I’m here for, right?  So the guy starts to launch into his story, but before he gets very far, I stop him, because 1) I don’t like to discuss the specifics of someone’s alleged criminal activity on a recorded phone call, and 2) before too much time is taken up – because, yes, jail calls are damned expensive – I want to make sure the person I’m speaking with is actually looking to hire an attorney. In my first few years as a lawyer, I was incredibly busy running back and forth to jails to visit people who had called me. I made anywhere from one to five trips a day to the jail. At an average of 45 minutes each, that quickly adds up. Funny thing about those years: I…

Does the Punishment Fit the Crime?

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Bored, alone, and bound to a wheelchair due to an illness, Ronald, who is already in his fifties, spends most of his time indoors. He is a fairly good and responsible guy, so occasionally, a family member, neighbors, and friends would drop by to check on him, help tidy up his scruffy apartment and give him food and groceries. However, because there was very little to do and he was so bored, he spent most of his time surfing the internet. Because the internet is a world without boundaries, he eventually explored adult pornography and started looking at teenage models and child pornography. He then met someone online whom he exchanged files with on child pornography, not knowing that his activities are already being monitored. He was arrested and was charged with a criminal case for possessing and distributing adult pornography files. It was an automatic five years imprisonment. Now, he is housed in a federal prison under special housing conditions because he is bound in a…

Federal Wiretaps, District of Arizona 2014

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The Federal Wiretap Report made by the federal judiciary, provides an insight into how wiretaps are used in Arizona and how the judicial district Arizona compares to other judicial districts in the United States. Just looking at the map below, Arizona is colored in the darkest shade of orange.  Without even looking at any numbers … Continue reading Federal Wiretaps, District of Arizona 2014 → The post Federal Wiretaps, District of Arizona 2014 appeared first on Arizona Common Law.

Penalties For Telecommunications Fraud (O.R.C. 2913.05) in the Cleveland, Ohio Area

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Cleveland, Ohio Penalties For Telecommunications Fraud (O.R.C. 2913.05) Similar to the federal wire fraud statute, Ohio’s Telecommunications Fraud (O.R.C. 2913.05) statute criminalizes the use of telecommunications to execute or further a fraud scheme within the state. Read More

Penalties For Unlawful Use Of Telecommunications Device (O.R.C. 2913.06) In The Cleveland, Ohio Area

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Unlawful Use Of Telecommunications Device (O.R.C. 2913.06) Penalties In Cleveland, Ohio Counterfeit telecommunications devices, like cell phones with spoofed SIM cards, cost cellular providers a lot of money every year, and are widely used by criminal organizations in Ohio and across the country. Read More

Penalties For Motion Picture Piracy (O.R.C. 2913.07) In The Cleveland, Ohio Area

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Motion Picture Piracy (O.R.C. 2913.07) Penalties In Cleveland, Ohio Using any kind of audio/visual recording device in a settling like a movie theater is considered Motion Picture Privacy (O.R.C. 2913.07) by prosecutors in Cleveland. Read More

Penalties For Passing Bad Checks (O.R.C. 2913.11) In The Cleveland, Ohio Area

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Cleveland, Ohio Penalties Associated With Passing Bad Checks (O.R.C. 2913.11) Paying for items with a check you know will bounce is against the law in Cleveland. Under Passing Bad Checks (O.R.C. 2913.11), prosecutors in Cleveland can charge you with a minimum of a first degree misdemeanor (six months in jail) if you either use a check you know will be declined by the financial institution, or use fraud to open a checking account in order to pass bad checks. Read More

Penalties For Misuse Of Credit Cards (O.R.C. 2913.21) In The Cleveland, Ohio Area

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Misuse Of Credit Cards (O.R.C. 2913.21) Penalties In Cleveland, Ohio Because credit card fraud is so expensive to the US economy, Ohio has criminalized a variety of acts related to the fraudulent use or procurement of credit cards. Read More

If I Was Drunk, Can A DUI Lawyer In New Jersey Really Help Me?

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Yes, even if you were operating your vehicle while intoxicated, an experienced DUI attorney can make a big difference in your case in New Jersey. Read More

Am I Wasting My Money On A Lawyer If I’m Guilty Of My DWI Charges In New Jersey?

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When you consider the costs, both short and long term, of a DWI conviction in New Jersey, you may decide that talking to an attorney provides you with the most cost-effective option. Read More

New Jersey Defense Lawyer For Destruction, Alteration, Falsification Of Records (N.J.S.A. 2C:21-4.1)

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Criminal Attorney Helps Those With Destruction, Alteration, Falsification Of Records (N.J.S.A. 2C:21-4.1) Charges Under Destruction, Alteration, Falsification of Records (N.J.S.A. 2C:21-4.1), it is a crime of the fourth degree to alter, falsify, or destroy medical records related to a patient for the purposes of misleading or deceiving any person about a treatment, psychological history, a diagnosis, tests performed, or other medical information about a patient. Fourth degree crimes can carry a sentence of up to 18 months, and these types of charges are often added on to larger health care fraud or insurance fraud cases. If that’s your situation, then 18 months may only be the start, and you could face crippling fines as well as prison if convicted. Matthew Reisig is well versed in New Jersey fraud laws, and the many ways prosecutors can come after physicians and other professionals in the field when they suspect wrongdoing. Read MoreThe post New Jersey Defense Lawyer…

Defense Attorney For Falsifying Or Tampering With Public Records (N.J.S.A. 2C:21-4) In New Jersey

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Criminal Attorney Helps Those Facing Falsifying Or Tampering With Public Records (N.J.S.A. 2C:21-4) Charges Fraud takes many forms, but the common denominator in most fraud cases is the allegation that a person deceived another person for their own gain. Under Falsifying Or Tampering With Public Records (N.J.S.A. 2C:21-4), creating false financial statements, or concealing, destroying, or falsifying any record with the purpose of deceiving or injuring another person, or concealing wrongdoing, are both criminalized. Creating a false financial statement is a crime of the third degree, with a possible 3-5 year sentence if convicted. Deceiving another through concealment, destruction, or falsification of records is a fourth degree crime, with an 18 month sentence possible if convicted. Read MoreThe post Defense Attorney For Falsifying Or Tampering With Public Records (N.J.S.A. 2C:21-4) In New Jersey appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.

Criminal Defense Attorney For Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) In New Jersey

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Criminal Attorney Helps Those Facing Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) Charges In an effort to protect the public trust, it is a crime in New Jersey to remove, destroy, or conceal an instrument like a will, deed, mortgage, security instrument, or other writing that goes into the public record. Similarly, presenting a falsified document or writing that contains falsehoods to a public official knowing it will become public record is also a crime under Frauds Relating to Public Records and Recordable Instruments (N.J.S.A. 2C:21-3). This statute is typically used to prosecute people in professions like law or banking who are alleged to have behaved unscrupulously. Read MoreThe post Criminal Defense Attorney For Frauds Relating To Public Records And Recordable Instruments (N.J.S.A. 2C:21-3) In New Jersey appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.

Civilized Life, and What Lies Beyond

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In my address to a national gathering of capital case prosecutors last week, I ended with a reminder of why, in the end, we have the death penalty:  There are some crimes so grotesque that they lie beyond the boundary of civilized life.  When a human being knowingly commits such a crime, he has already crossed that boundary.  All the death penalty does is close the door behind him.The case I used as an illustration was the beating death of a little boy, Elias Johnson. That story is here.  Another case, which I discussed here recently, was Susan Smith. I wish I could say these cases are rare.  They aren't.  I just came across another one, this one from nearby Maryland. Here it is, from NBC News in Washington.The child police say was beaten to death after eating birthday cake without permission had suffered repeated abuse, according to court documents released Wednesday.Jack Garcia was a challenging kid -- smart, but stubborn and…

I84 Traffic Diversion in Ontario OR - Huntington Fire Near Farewell Bend

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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: 8/5/2015 at 7:50 p.m. Please direct questions to the District Office There is currently a large fire burning on I84, near Farewell Bend, OR. Oregon Department of Transportation (ODOT) is diverting eastbound and westbound traffic through this area. Below is information received from ODOT PIO, Thomas Strandberg, in reference to this situation: "ODOT: East. Ore.: I-84 is closed Westbound at Exit 371 in Ontario and Eastbound at Exit 265 in La Grande due to a wildfire near MP 345 (near Huntington). Because Eastbound traffic stranded in Baker City is overflowing the truck stop and plugging side streets the Eastbound closure has been moved to La Grande. At this time…

Alleged DUI Driver’s Excuse Is All Wet, Say Local Authorities

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Drivers charged with a Los Angeles DUI often end up crashing into other vehicles (parked or moving). They may occasionally hit a storefront, a light post, a mailbox, or a home. But there aren’t many reports of people driving under the influence going off the road and driving into the Los Angeles River or some other body of water. But police in Kennewick, Washington, can now say they’ve had such a driver. On Wednesday, July 29th, around 3 p.m., emergency workers in that city received a 911 call saying that a car was in the river at the East Boat Launch at Columbia. NBC KNDU said that the caller reported that he and his mother had been on a nearby bridge when they saw the car slipping into the water. The witnesses ran to the scene, where the woman walked into the water and yanked open a rear door to attempt a rescue. But the car was empty. That’s because the driver, identified only as a man in his late 20s, had apparently made it out of the car and run up a…

Connecticut committee begins 2-year review of sex offender programs; housing a major issue

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8-5-15 Connecticut: HARTFORD, Connecticut — A major obstacle for sex offenders in Connecticut is a lack of housing, a new panel that embarked Wednesday on a two-year review of issues facing offenders and victims was told. Eduardo Palmieri of the state Judicial Branch's court support services division said a "supportive living environment" is the best place for a sex offender re-entering society
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