Although not a firm rule, New York City Desk Appearance Tickets (commonly called a DAT or Appearance Ticket) are generally issued to individuals who have little or no prior arrest history and are charge with misdemeanor crimes. These crimes include many serious offenses – Criminal Possession of a Weapon in the Fourth Degree (NY PL 265.01), Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03), Petit Larceny (NY PL 155.25), Criminal Possession of Stolen Property in the Fifth Degree (165.40), Assault in the Third Degree (NY PL 120.00) – and are punishable by as long as one year in jail upon conviction. Even if you never step into Central Booking or Rikers Island, a conviction for shoplifting, possession of cocaine, having a gravity knife or getting into a drunken fistfight can and likely will adversely impact your career, professional licensing or immigration status. Although there are numerous blog entries and extensive content on…
Understanding Your NYC Desk Appearance Ticket or DAT: Top Offense Charged
↧
↧
Government’s Ability to Garnish Accounts for Restitution Limited to Amount of Payments Past Due
In 1996, Congress enacted the Mandatory Victim Restitution Act (MVRA). The Act is codified as amended in 18 U.S.C. § 3563A. This statute requires restitution for any Title 18 crime in which the victim has suffered “pecuniary loss.” Mandatory Restitution As part of the Sentencing Reform Act of 1984, the U.S. Sentencing Guidelines became effective in 1987. Guideline 5E1.1 established mandatory restitution in certain criminal cases as a condition of the sentence of incarceration, probation, or supervised release. In 2005, the U.S. Supreme Court in Booker ruled that the Guidelines are advisory, not mandatory. The Fifth Circuit, and a number of other circuits, has ruled that Booker does not apply to Guidelines relating to restitution, so in many cases restitution is still mandatory. Since the early 1980s, congress has continually expanded the courts ability to issue. District courts may now impose restitution orders in…
↧
"Prisons as addiction treatment centers?"
↧
Sentences for Drug Offenses in Minnesota May Be Reduced
In Minnesota, standards for sentencing felony convictions are established by the sentencing guidelines developed by the Minnesota Sentencing Guidelines Commission (MSGC). These sentencing guidelines are meant to ensure that convictions are proportional to the severity of the charged offense and the defendant’s criminal history. Generally, the sentencing guidelines aim to impose jail time only for offenders who are convicted of serious offenses or have extensive criminal histories in order to facilitate the use of limited state resources. Therefore, sentences are generally the least restrictive necessary to achieve correctional goals. Additionally, … [Read more...] The post Sentences for Drug Offenses in Minnesota May Be Reduced appeared first on Minneapolis DWI Lawyer Douglas T. Kans.
↧
Privately run McLennan jail mired in problems
Our friends Diana Claitor and Rebecca Larsen of the Texas Jail Project have a fine little column in the Waco Tribune Herald today titled "McLennan County jail increasingly mired in abuse." The article opened: Last month, McLennan County received a notice of non-compliance from the Texas Commission on Jail Standards after the death of 25-year-old Michael Martinez in the Jack Harwell Detention Center. Three employees of the privately run jail have been arrested and charged with forging government documents after they allegedly covered up the fact that they were not performing visual checks on at-risk people — a violation of federal…
↧
↧
Number of Stores Increased By the WSLCB
WSLCB Statement On December 16, 2015, the Washington State Liquor and Cannabis Board (“WSLCB”) released a statement that they will be adding 222 new retail marijuana licenses. This number came as a result of an analysis of the marijuana market throughout Washington State, taking in mind the closure of all medical dispensaries and collective gardens…
↧
Frequently Asked HIPAA Questions by Health Care Providers - Get Ready for HIPAA Compliance and Audits
While we are working with clients on HIPAA compliance and risk assessment issues, including the OCR pilot request list for potential audits, we see that some very common HIPAA questions arise for health care providers. There is a great deal of misunderstanding out there.One of the reasons that staff often do not know the rules is that many small to medium-sized health care providers do not have HIPAA compliance manuals that make the rules clear. If the staff is not trained well, this can lead to patients not understanding the rules and making meritless complaints. Since most audits for HIPAA are initiated after patient complaints or disclosures by the providers, having a well-trained staff with a resource helps prevent meritless complaints.Here are frequently misunderstood basic issues that get raised by staff. The HHS HIPAA website has lists of FAQ in different categories to assist providers. Here are ones relating to patient communications. 1. Question: Can…
↧
Driverless Cars: Google Isn’t Happy with California’s Drafted Regulations
Google Self Driving Car, Googleplex, Oct 2015 by Michael Shick (image via Wikipedia – Creative Commons Attribution-Share Alike 4.0 International) Google has been testing its autonomous cars on the roads of California for over a year. One of Google’s key reasons for automated vehicles is that humans don’t pay enough attention while driving. Chris Urmson, the director of Google’s self-driving program, states that at any moment there are 660,000 people behind the wheel who are checking their devices rather than watching the road. That’s a powerful statement, unfortunately, Mr. Urmson doesn’t provide any qualified statistics on such a study (see The View from the Front Seat of a Google Self-Driving Car under Additional Articles at end of this post). To Google’s disappointment, the California Department of Motor Vehicles (DMV) recently drafted regulations to govern the launch of…
↧
Why Having a Domestic Violence Lawyer in Municipal Court Is Important
Why Having a Domestic Violence Lawyer in Municipal Court Is Important Domestic violence is a serious charge. Though your case may not be held in higher court, municipal court domestic violence cases should be taken just as seriously as any other criminal matter. Many people don’t realize just how dangerous their situation is. A wrong step, misstatement, or improper preparation could all lead to a wrongful conviction and severe consequences. If you head into municipal court to face domestic violence charges alone, you could be facing grave repercussions. That is why it is so crucial that you retain a lawyer to protect your rights and interests during this time. What Does a Domestic Violence Charge Involve? Misdemeanor-level domestic violence cases are heard in municipal courts. Under the law, domestic violence is defined as any incident of violence upon a spouse, child, parent, sibling, partner, or individual that the defendant has an intimate relationship with. The charge…
↧
↧
The Mysterious Phenomenon of Human Chimeras
Perhaps one of the most shocking parental discoveries is when a father finds out that contrary to what he has been told and believed, he is not the biological parent of a child he is raising. Many devastated fathers have terminated their spousal relationships unable to cope with such fundamental deceit. Recently a father in Washington State was flummoxed when he learned he had no biological connection with his infant son. Since he and his wife had undergone in vitro fertilization he immediately contacted the fertility clinic to let them know of their gross error: they must have mixed up his sperm with another client. When the clinic denied the allegation, the couple went to Dr. Barry Starr, a geneticist at California’s Stanford University. Dr. Starr’s testing determined that while he was not the child’s father, he was the child’s uncle. More confused than ever, he listened as the doctor described a rare genetic phenomenon know as chimerism. Most people…
↧
Dedicated Legal Representation in Arson Charges in Monmouth County
Arson typically refers to the purposeful starting of a fire to collect insurance money. It is a very serious criminal offenses in NJ, and if you’re charged with arson, you are facing the penalties outlined within first, second, or third degree penalties… depending on the level of arson with which you’re charged. A person can be found guilty of arson if he intentionally sets a building or property on fire. Authorities investigating cause of massive Holmdel house the cause of an early morning
↧
Sarch on Beyond Willful Ignorance
Alex F. Sarch (University of Southern California - Center for Law and Philosophy) has posted Beyond Willful Ignorance on SSRN. Here is the abstract: The law allows willful ignorance to substitute for knowledge on the theory that these two mental...
↧
Drunken Man Gets Kicked Out of Target Store, Assaults Howell Twp Officer
The Howell Township Police Department responded to the Target Store on 12/26/2015 at approximately 8:56pm for an intoxicated male subject who was being “belligerent” with a manager. Upon Ptl. Robertiello’s arrival, the suspect, Roger E. Alonso-Soloranzo, age 32 of Max Place in Howell Township, was being escorted outside by store security. Alonso-Soloranzo would not take his hands out of his pockets and while being “patted down” for weapons he attempted to run away. While doing this, Ptl.
↧
↧
Lots of marijuana news of note even during a holiday week
Due to a combination of work and family commitments, I have not blogged in this space as much as usual in recent weeks. Come January, I hope to make up for lost time with a lot more original postings (some of which may be part of an assignment I give...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/ACfRE52pGZ0" height="1" width="1" alt=""/>
↧
Case o' The Week: A Very Feliz Navidad - Cisneros-Rodriguez and Administrative Removal Hearings
Hon. Judge William Fletcher Merry Christmas, Xochitl. United States v. Cisneros-Rodriguez, 2015 WL 93009958 (9thCir. December 23, 2015), decision available here. Players:Decision by Judge Fletcher, joined by Judge Christen. Dissent by DJ Silver. Admirable win for San Jose Branch Chief Varell Fuller, and Research and Writing Attorneys Lara Vinnard and Heather Angove, ND Cal FPD.Facts: Xochitl Cisneros-Rodriguez, a 32-year old Mexican national, was brought to the States as a child. Id. She was married to a US citizen husband, and mother to two US-citizen sons. Id. Before this illegal reentry case, Cisneros was arrested for possession of meth for sale. Her co-D, a woman named Rodriguez, threatened and beat Cisneros. Id. Cisneros provided information against Rodriguez; both women were ultimately convicted of various crimes. Id. at *2. When Cisneros’ drug conviction was final she was placed in administrative removal proceedings (conducted by an…
↧
Compassionate Early Release Program in Federal Prison System for Elderly and Ill Inmates
The Federal Bureau of Prisons has a compassionate release program that offers early release or a reduction of sentence to certain eligible federal inmates for “particularly extraordinary or compelling circumstances which could not reasonable have been foreseen by the court at the time of sentencing,” according to their Program Statement, published by the BOP. The Program Statement, which lists the procedures for implementation of the compassionate release program, pursuant to 18 U.S.C. § 3582(c)(1)(A) and 4205(g), includes the following criteria for inmates to be eligible to apply: Medical circumstances (Terminal or debilitated medical condition); Non-medical circumstances for elderly inmates; Non-medical circumstances for the death or incapacitation of a family member care giver of an inmate’s child; and Non-medical circumstances for the incapacitation of an inmate’s spouse or partner, when the inmate is the only care giver…
↧
What To Do When Murder Is Spiking?
The thing to do is reduce the police force to its smallest size in a decade.This is the upside-down thinking of the nation's capital, Washington, DC. The Washington Post has the story:The number of D.C. police officers in the District has fallen below 3,800, its lowest level in a decade, breaking a threshold that top District officials once warned would be dangerously thin in a city that continues to grow.This a perfect match to the other sort of thinking going on in DC, to wit, that the thing to do when heroin usage and overdose deaths are spiking is to reduce the penalties for heroin dealers. That, however (plus reducing penalties for other wonderful drugs like meth), is the main thing sentencing reform, and particularly the SRCA, are about.If there is some definition for this other than insanity, I'd love to hear it.P.S. As you will see in the Post story, the increase in the DC murder rate since 2012 has been shocking. There were 13.9 murder…
↧
↧
Drug Overdose Deaths Reach Record High
The 2015 numbers won’t be in for at least a week, but numbers recently published by the Centers for Disease Control and Prevention show that 2014 was one of the deadliest years for drug overdose deaths. According the to CDC, unintentional overdose deaths from prescription or street drugs increased 14 percent in 2014. Prescription drugs and heroin continue to be the leading causes of unintentional death for Americans, even outpacing traffic accidents. In 2014, 47,055 people died from fatal drug overdoses, 1.5 times greater than the number of people who died in car crashes. CDC Drug Overdose Findings Other findings from the CDC report show just how out of hand the current drug epidemic is in the United States: Opioids are involved in 61 percent of all drug overdose deaths. Deaths from natural opiates like morphine, codeine and semisynthetic prescription pain killers like oxycodone and hydrocodone jumped 10 percent in 2014. Deaths from heroin overdoses increased 26 percent.…
↧
Pickaway Man Charged With Receiving Stolen Property And Tampering With Evidence, All Charges Dismissed
A Pickaway County man was recently facing charges including 3rd-degree felony tampering with evidence and 4th-degree felony receiving stolen property. After pulling him over for a minor traffic violation, the officer noticed a waft of marijuana in his car and conducted a thorough search. The man also announced he had a gun in his vehicle [...]The post Pickaway Man Charged With Receiving Stolen Property And Tampering With Evidence, All Charges Dismissed appeared first on Columbus Criminal Attorney.
↧
Fiery Crash Demonstrates the Dangers of DUI in Los Angeles
Occasionally, a DUI in Los Angeles and its surrounding areas impacts the local community in ways that have permanent ripple effects. Cases in which someone loses his or her life, in particular, can change the contours of families or entire communities. It’s cliché to say things like “a bad decision to drink or do drugs and drive can change someone’s life forever,” but it’s cliché because it’s very true. In a recent case, one young man changed his own fate and that of two passengers in a single-car DUI accident. In San Diego, 20-year-old Antony Schoenle pleaded guilty to multiple criminal charges, including a charge of gross vehicular manslaughter while under the influence on Saturday, August 22. His decision to drive after drinking alcohol and using cocaine and marijuana allegedly led to the crash that killed his two of his passengers, Lupe Acosta and Lizzy Garcia. Schoenle escaped, but his two friends, still trapped in the…
↧
More Pages to Explore .....
