Defense Attorney Helps With Bribery In Official And Political Matters (N.J.S.A. 2C:27-2) Charges Public officials must be held to high ethical standards, and the fair exercise of their duties is protected in part by N.J.S.A. 2C:27-2, Bribery in Official and Political Matters. Under the statute, offering or accepting any benefit in order to influence how official duties are carried out is a crime of the second degree, which can land both parties to a bribe in jail for between five and 10 years, and leave them with fines of up to $150,000. The only exception is when the bribe is for a very small amount, less than $200. Read MoreThe post New Jersey Defense Attorney For Bribery In Official And Political Matters (N.J.S.A. 2C:27-2) appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.
New Jersey Defense Attorney For Bribery In Official And Political Matters (N.J.S.A. 2C:27-2)
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Criminal Defense Attorney For Retaliation For Past Official Action (N.J.S.A. 2C:27-5) In New Jersey
Defense Lawyer Helps With Retaliation For Past Official Action (N.J.S.A. 2C:27-5) Charges Public servants are often called upon to make decisions between competing interests, all of which have good claims to a given course of action. Because enacting a particular policy can harm some parties and help others, there are laws in place that specifically protect public servants from retaliation when such a decision has been made. Read MoreThe post Criminal Defense Attorney For Retaliation For Past Official Action (N.J.S.A. 2C:27-5) In New Jersey appeared first on New Jersey Criminal Defense Attorney - Matthew Reisig.
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Defense Lawyer For Threats And Other Improper Influence In Official And Political Matters (N.J.S.A. 2C:27-3) In New Jersey
Criminal Defense Attorney Helps With Threats And Other Improper Influence In Official And Political Matters (N.J.S.A. 2C:27-3) Charges Issuing threats to harm a public official in order to change votes, impact how they perform their duties, or otherwise influence the decisions they make is a serious crime in New Jersey. Under Threats and Other Improper Influence in Official and Political Matters (N.J.S.A. 2C:27-3), people who try to improperly influence the political process or public policy decisionmaking through threats of harm face a third degree criminal charge and a 3-5 year sentence if convicted. These cases often involve additional charges and may even tie into allegations of organized crime rings. It’s important that these matters be handled promptly by an experienced New Jersey criminal defense attorney who can push back against the charges and clear your name and reputation. Read MoreThe post Defense Lawyer For Threats And Other Improper Influence In…
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Today's criminal law/procedure cert grants
Issue summaries are from ScotusBlog: Utah v. Strieff — Whether, if police learn about an outstanding arrest warrant during a street or traffic stop that turns out to have been illegal, the Fourth Amendment bars the use of any evidence...
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Ohio Supreme Court Will Hear Appeal from Death Row Inmate
The Ohio Supreme Court will hear an appeal from death row inmate Tyrone Noling, whose attorneys say he was wrongfully convicted of a double-murder in 1996. Noling is challenging a law which blocks Ohio defendants in capital cases from appealing a trial judge's decision on post-conviction DNA testing. The defendant is only allowed an appeal in these cases at the discretion of the Supreme Court, which only considers a small percentage of these cases. Noling’s attorneys say this law violates protections guaranteed under the Eighth and Fourteenth amendments of the U.S. Constitution. Noling was convicted of shooting Bearnhardt and Cora Hartig to death in their home in 1990. No evidence linked Noling or his codefendants to the scene and DNA testing performed on a cigarette butt found at the crime scene excluded him. According to the Plain Dealer, key witnesses in the case have recanted since the trial and new forensic evidence and witness testimony has been unearthed…
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Injury Crash SH25 near Jerome
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: Thursday, October 1, 2015 2:45 Please direct questions to the District Office On Thursday, October 1, 2015, at 11:40 a.m., the Idaho State Police investigated a two-vehicle, injury crash on State Highway 25 at milepost 4, near Jerome. Elzo Nield, 46, of Buhl, was driving westbound in a 2007 Mazda CX7. Nield attempted to initiate a U-turn to head eastbound, and was struck by a 2000 Dodge Caravan driven by Daniel Shelton, 75, of Jerome. All occupants are believed to have been wearing seatbelts. Nield's passenger, Kerry Nield, 50, of Buhl, was transported via ground ambulance to St. Lukes Medical Center in Jerome. The westbound lanes were blocked for approximately an…
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The Right Way to Handle a Georgia Traffic Ticket
While I was waiting for court the other day, I overheard a county employee asking a traffic ticket prosecutor how best to handle her son's traffic ticket. I wasn't surprised to hear the prosecutor tell the mother to just go ahead and pay the ticket: "The judge is going find your son guilty anyway." Who should you ask if you have a question about a traffic ticket you've received? Not the prosecutor. He's got a huge caseload; his goal is the fastest solution. Just paying the ticket is the fastest solution 9 out of 10 times. And that is certainly one way to handle a traffic ticket. In fact, it is one of the most popular. But it shouldn't be. Before just paying a ticket, think about what that ticket will mean to you and your family. Your goal -- not the prosecutor's goal -- determines how to handle that ticket. Talking to a lawyer can help you determine your goals.
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Revoked, but Still on Probation?
I was surprised by one of the provisions included in the omnibus criminal law bill, S.L. 2015-247, that Jeff summarized yesterday. The act amended G.S. 15A-1347 to say that when a defendant whose probation is revoked in district or superior court appeals that revocation, “probation supervision will continue under the same conditions until the termination date of the supervision period or disposition of the appeal, whichever comes first.” The change was effective immediately when the governor signed it on September 23, and people are already asking what it means. Here are my thoughts. First, a bit of background. Under existing law, no statute clearly spelled out what happened when a revoked probationer appealed his or her revocation—either from district court to superior court for a de novo revocation hearing, or from superior court to the appellate division for appellate review. In the absence of a specific revocation appeal statute, people generally…
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News Scan
Illinois Officer Shot With Own Weapon: The lead investigator in the case of the fatal shooting of an Illinois officer last month announced Thursday that the officer was shot twice with his own weapon and evidence indicates signs of a struggle. Don Babwin of the AP reports that it was also revealed that nine unidentified DNA samples were found at the scene, and detectives are analyzing more than 100 samples taken since the officer's death to identify the sources of some of those samples. On September 1, 52-year-old Fox Lake police Lt. Charles Gliniewicz was found shot to death after he radioed that he was in pursuit of three suspicious men in a remote area, sparking a massive manhunt that turned up nothing. Questions have surrounded the investigation after the county coroner said he was unable to definitively rule the manner of death a homicide, suicide or accident, but detectives emphasized that the investigation is being conducted…
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Predictive Policing and Its Similarity to the Movie - Minority Report
The police keep trying to come up with newer and better ways of doing their jobs. In one sense, this is a good thing, because, in theory at least, they have the interest of the community in mind. In another sense, however, it seems that each and every new “development” is a step backwards, as it contributes to tension between law enforcement and the very people it's supposed to serve. The most recent change in police tactics has been in the form of “predictive policing.” By using computers to collect data on high-crime neighborhoods, the activity of current parolees, as well as information received by officers on the street and on social media; police departments create mathematical algorithms that predict not only where a crime will occur, but when, and by whom. Then police gather up the people on their new “hot list,” and have a meeting that they call a “call-in.” There, law enforcement warn everyone that they're being…
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5 Guards FIRED After Miami Teen Dies in Juvenile Jail
For as long as I have practiced criminal law, I always said that there would be a revolution in this country if the general public knew the truth about what goes on in our criminal justice system. This case, however, is not about a less than stellar judge or a prosecutor who can’t see the forest from the trees. This is about jail guards who bribed juvenile inmates with honey buns and cheeseburgers to beat up other inmates… and they almost got away with it. This article is intended to make you smell the horrible stench that is reaking in our juvenile confinement system. This article is about Governmental abuse that you only see in movies or expect to read about in third world countries. This article, is about the death of Elord Revolte and the death of Andre Sheffield. ABUSE OF POWER; DERELICTION OF DUTY According to an expose by the Miami Herald, there has been a long time practice of guards bribing inmates to act as enforcers in our jails.…
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New Criminal Laws Effective Today
One year ago today Maryland made national headlines for officially decriminalizing simple marijuana possession, while back home the statewide buzz over decriminalization overshadowed each of last year’s new laws. The climate is vastly different this October 1st, as almost all the media attention is focused on an approaching hurricane rather than the on statue books. But there are a few new laws effective today in the criminal arena that have the potentially to dramatically impact the lives of thousands of Marylanders. One of these laws is actually related to decriminalization, and was likely the inspired by lawmakers taking simple marijuana possession off the criminal books. Starting today anyone convicted of an offense no longer classified as a crime under state law will now be able to apply for expungement. This is huge news for the far too many that have been carrying around the baggage of an unwarranted criminal record for years. The large majority of these cases will…
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Obstructions to Justice Cleared in Serial Killer Case
A federal judge in Richmond, Virginia has lifted the temporary restraining order imposed yesterday by another judge in Alexandria, permitting the execution of serial killer Alfredo Prieto. He is scheduled for execution for the murders of Rachael Raver and Warren Fulton in Fairfax County, Virginia. He is also sentenced to death in California for the murder of Yvette Woodruff in San Bernardino County. Tom Jackman has this story in the WaPo.Prieto's claim that he is intellectually disabled was tried to a jury and rejected unanimously by them in one of his Virginia trials. On retrial of the penalty, his lawyers considered the claim so weak they didn't even try again.Prieto really should have been executed in California. See Bill's post earlier today, noting a column by Debra Saunders. The California case had already been through direct appeal and a first state habeas, the primary reviews a defendant is entitled to, before Virginia…
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Five Tips to Protect Your Computer from Cybercrime
Personal computers are also vulnerable to cyber-criminals (Image is in public domain) After the hack today on Experian that reportedly exposed 15 million T-Mobile customers’ private data, I’m posting five tips for protecting your computer from cyber-criminals (from my July article “Feds Dismantle a Global Cybercrime Shop”). Unfortunately, it’s not just big corporations that get hacked but personal computers, too. Tips to Safeguard Your Computer Maintain updated computer software & apps. Setting up automatic updates is ideal because if you or your webmaster is logging in to update software/apps, that means there were bugs present prior to the update, and bugs = vulnerabilities. Download from official sites only. There’s a lot of free stuff available for download on the Internet, but you can end up downloading a lot of problems along with that freebie app, program, whatever. Therefore, download from official sites…
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Barrozo on Cruelty in Criminal Law
Paulo Barrozo (Boston College - Law School) has posted Cruelty in Criminal Law: Four Conceptions (Criminal Law Bulletin Vol. 51 No. 5 (2015)) on SSRN. Here is the abstract: This Article defines four distinct conceptions of cruelty found in underdeveloped...
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5 Miami Residents Busted in Seminole County Grow House
A grow house was busted in Seminole County Tuesday and resulted in the arrests of five suspects from Miami. The Seminole County Sheriff’s Office City-County Investigative Bureau reported that a deputy patrolling the 800 block of Winona Drive in Geneva smelled a very strong odor of marijuana coming from a home. The CCIB obtained a search warrant and deputies allegedly found a large-scale marijuana grow operation with 49 mature plants and a large amount of harvested marijuana. Investigators claim the majority of the plants averaged four feet in height and were located in the garage of the house and smaller plants were found in a bedroom. Agents estimate the grow house had the potential to generate over $880,000 worth of marijuana annually, according to reports. Five suspects from Miami were arrested and charged with trafficking over 25 pounds of marijuana. All five suspects are being held without bond at the John E. Polk Correctional Facility. Grow house cases usually…
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Booth on Victim Impact Statements
Tracey Booth (University of Technology Sydney, Faculty of Law) has posted Victim Impact Statements, Sentencing and Contemporary Standards of Fairness in the Courtroom (Wilson and Ross (eds), Crime, Victims and Policy, Palgrave Macmillan, 2015) on SSRN. Here is the abstract:...
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Crashes in Nampa Block Interstate Traffic
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: 10/02/15 12:13 PM Please direct questions to the District Office At this time, the Idaho State Police is investigating several crashes on Interstate 84 in Nampa. One crash westbound on I84 on the offramp to Franklin Blvd. at milepost 36 is not blocking. There are currently two crashes, one involving injuries, which are blocking traffic eastbound I84 at milepost 35 near the Northside Blvd. exit. Traffic is backed up. More information will be relayed as it becomes available. EH/KL -------------
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The Real Machinery of Death
"Machinery of death" is a favorite phrase of the abolitionist movement. It was invented by Justice Harry Blackmun in order to justify his constitutionally obtuse, mostly lonely, and ever-so-sanctimonious opposition to the death penalty.A better example of the actual "machinery of death" was put out of business this week by the Commonwealth of Virginia when, after years of courtroom battles, it executed Alfred Prieto. Prieto had been convicted of "only" four murders, but was almost certainly responsible for nine. Talk about a "machinery of death." (He also raped four of his victims before killing them).In the typical last-minute pitch, cobbled together more from abolitionist lore than from facts, his lawyers argued that he was mentally defective. That argument did not garner a single vote I know about in all the many years this case has been in litigation. In a different context, making an argument of…
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HTown we got a Problem: More Prosecutorial Misconduct in Harris County
A conviction culture has historically permeated the Harris County District Attorney’s Office. The Brady rule has routinely been raped by its prosecutors by hiding evidence, lying about evidence, using and encouraging false crime lab results, manufacturing evidence, and sending innocent people to prison. Prosecutorial misconduct is a subject matter we have extensively written about here and for which we have received national attention. Former Harris County District Attorneys Johnny Holmes and Charles “Chuck” Rosenthal so popularized this conviction culture that the county became nationally known as the “epicenter of the death penalty” and a safe haven for prosecutorial misconduct. Just this past July we posted a piece about former prosecutor Kelly Siegler, a protégé of Holmes and Rosenthal, who was found by Harris County District Court Judge Larry Gist to have engaged in 36 instances of misconduct during her 2007 prosecution of…
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