The recent dust up between former President Bill Clinton and the activist group Black Lives Matter raised the serious, and quite relevant, question about whether there are two systems of justice in this country, one white, one black. Clinton has drawn significant attention, and increasing criticism, over his signing into law The Violent Crime Control and Law Enforcement Act of 1994. The legislation—the largest “crime control” bill in American history—added 100,000 new police officers and infused $9.7 billion into prisons to accommodate the hundreds of thousands of new inmates (many of whom would be described during the political debate as “violent predators”) those new police officers would send there. Round’em up and Keep’em There Besides the 1994 Violent Crime Control Act, Clinton also signed into law The Antiterrorism and Effective Death Penalty Act of 1996 (ADEPA). While the former created the federal…
Two Systems of Justice: Black and White
↧
↧
Michigan DUI and your Driver's License
In my day-to-day role as a Michigan DUI lawyer, one of the most common questions I am asked is something like, "What's going to happen to my driver's license?" This is often followed by an explanation of how the person needs a license to drive to work, or a question about what can be done so he or she can have a license to at least get to work. In this article, I want to answer those questions; those answers are, in fact, clear and simple, but sometimes the consequences are hard to accept. The whole point of this article is to make crystal clear what will happen to your driver's license in a drunk driving case. The rules governing what happens are fixed and inflexible, and as frustrating as that can be, it also simplifies things quite a bit. Before I explain how a Michigan OWI charge affects a driver's license, I need to be a bit undiplomatic and stop a certain line of questions right in its tracks. People will often ask question like,…
↧
Drugs In Cars, For the Thousandth Time
After several decades of defending criminal cases, I’ve seen a few patterns emerge. Our brains are rigged to see patterns, even when they don’t exist, but let me share with you a pattern of behavior that keeps me in business. The vast majority of drug arrests arise out of basic traffic stops. Let’s face it, people like having drugs in their car. Shocking, I know. Take some time to catch your breath, and when you’re ready, read on. Many criminal defense attorneys–who happen to smoke weed–have their weed delivered to their home rather than having it in their vehicle, for fear of getting caught in this most pedestrian way. So, while it may come as some surprise that people who are smart enough to obtain a Juris Doctorate are dumb enough to regularly break the law, at least they are smart enough to avoid the number one way of getting caught. Millions of folks employed by…
↧
Kamin on Immigration, Marijuana Law Reform, and Prosecutorial Discretion
Sam Kamin (University of Denver Sturm College of Law) has posted Prosecutorial Discretion in the Context of Immigration and Marijuana Law Reform: The Search for a Limiting Principle (Ohio State Journal of Criminal Law, Forthcoming) on SSRN. Here is the...
↧
Cannabis Science and Policy Summit: on-site reporting from the Vicente Sederberg Professor of Marijuana Law and Policy
I invited Sam Kamin, the Vicente Sederberg Professor of Marijuana Law and Policy at the University of Denver Sturm College of Law, to provide some reports or thoughts about his experiences today and tomorrow as he is participating in NYC at the The Cannabis Science and Policy Summit. Here is...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/p38GyVK6E5s" height="1" width="1" alt=""/>
↧
↧
An interesting perspective on Virginia's recent capital experiences
↧
Challenging the Use of Recorded Conversations of Pretrial Detainees
Sometimes an appellate decision rejecting the arguments raised on appeal provides a blueprint as to how similar claims can be raised in a manner that may be more likely to succeed. One such decision is that of the Court of Appeals in People v Johnson (_ NY3d _ , 2016 NY Slip Op 02552 [4/5/16]), in which the Court rejected a defendant’s claim that the People’s use at his criminal trial of excerpts from certain recorded telephone calls defendant made to family and friends during his detention at Rikers Island Correctional Facility violated his right to counsel and were used without proper consent. The calls were recorded and made available to the prosecution by New York City’s Department of Correction in accordance with the Department’s policy and practice of monitoring inmates’ telephone calls, and releasing those recordings, upon request, to the City’s District Attorneys’ Offices. The Department…
↧
Would Congress be wise to pursue sentencing reform through DOJ spending limitations?
↧
Clooney and Friends Raise Huge Amount for Hillary and Dems
Bernie Sanders is bent out of shape because George Cloony and other Hollywood stars and bigwigs raised millions for Hillary Clinton and the Democratic Party this weekend. He really just wishes Clooney had chosen him. Clooney agreed the amount... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
"Montgomery's Messy Trifecta"
↧
90-Year-Old Charged With DWI In Clifton
A 90-year-old Clifton man has been arrested after being seen driving the wrong way on Rt. 46. Police received a report about the vehicle, which they later found parked at a gas station that was closed for the night. The driver was inside the vehicle, and after questioning, the police believed he might be intoxicated. They administered a series of field sobriety tests, and subsequently arrested the man on suspicion of drunk driving. At the station, an Alcotest was administered and the man was formally charged with DWI and reckless driving. But one wonders how this will all ultimately play out in court if the gentleman chooses to contest the charges. Based on the man’s age, evidence that police would typically use to develop a basis to suspect drunkenness might be in doubt. A 90-year-old displaying slurred speech, red eyes, or incoherent responses to questions may simply be displaying signs of age. Older people often have health problems and medications that can…
↧
Fatal Drunk Driving Trial Goes To Jury In Morristown
A tragic 2012 traffic accident that killed one person has finally been sent to the jury in Morristown. Prosecutors allege that Vanessa E. Brown, 35, of Parsippany was driving drunk in East Hanover when she veered from her lane and struck Ralph Politi, Jr., as he stood beside his car overnight in May 2012. In New Jersey, DWI lawyers are quick to reassure our clients that drunk driving is not typically prosecuted as a criminal matter, but in cases where others are injured or worse, other charges can easily be laid on. In this case, Brown is charged with first degree aggravated manslaughter and second degree vehicular homicide, extremely serious charges that could result in decades in prison. When facing charges this serious, work with an attorney who is broadly experienced in DWI and criminal law in New Jersey. Matthew Reisig has defended clients as a criminal defense attorney for almost 20 years, and has argued DWI law before the Supreme Court of New Jersey. Few are as…
↧
State v. McFarlane – Trial Judge Must Consider Unique Facts and Circumstances of Case and Defendant When Formulating Sentence, and Must Place Reasoning on Record
One of the many defendants I have represented in federal district court in New Jersey resolved his case by pleading guilty to certain offenses that typically call for the imposition of a prison sentence. After long and difficult negotiations with the US Attorney’s Office, and in light of other facts and circumstances unique to that case, I successfully persuaded the Government to recommend a sharply reduced sentence. Had the court adopted the Government’s recommendation, my client would have received non-custodial probation. I participated in a chambers conference with the judge and the US Attorney at a hearing prior to the sentencing date. During this conference, which was off the record, the judge stated that they “always” place defendants like my client in jail. The judge said this before reading a pre-sentence investigation report (one had yet to be prepared), a sentencing memorandum from either attorney (also not prepared at…
↧
↧
New Jersey Criminal Defense Attorney For N.J.S.A. 2C:21-11, Rigging Publicly Exhibited Contest
Criminal Lawyer For Rigging Publicly Exhibited Contest (N.J.S.A. 2C:21-11) Publicly exhibited contests can be held by many kinds of organizations and entities in New Jersey, but their rules must be available to the public, and the organization holding the contest is required by law to abide by those rules. There are three ways to run afoul of N.J.S.A. 2C:21-11, Rigging Publicly Exhibited Contest. First, if you offer any consideration to, or threaten any person associated with the contest in order to prevent the contest from being held by its own rules and usage, you are in violation. Tampering with any person, animal, or thing related to the contest is also a violation. Finally, if you solicit or accept a benefit for tampering with a public contest, you are in violation. The charges, and penalties, will be scaled according to the value of the benefit, and the maximum sentence you can face is five to 10 years in prison, with a $150,000 fine. There are also penalties for…
↧
Penalties For Rigging Publicly Exhibited Contest (N.J.S.A. 2C:21-11) In New Jersey
Penalties For Rigging Publicly Exhibited Contest (N.J.S.A. 2C:21-11) Rigging Publicly Exhibited Contest (N.J.S.A. 2C:21-11) in New Jersey is a form of corruption that is prosecuted as a theft crime. Those who subvert a contest through bribery or other consideration, threaten those who are presenting the contest, tamper with people, animals, or things related to the contest, or, as a contest organizer, if you accept or solicit any benefit to subvert the contest, you can be charged based on the value of the benefit. Where the benefit is less than $1,000, you’ll face a fourth degree charge and the possibility of an 18 month sentence and a $10,000 fine. When the benefit is less than $75,000, you’ll face a third degree charge and risk three to five years in prison and a $15,000 fine. When the benefit is more than $75,000, you’ll be charged with second degree crime and face a five to 10 year sentence and a fine of $150,000. You can also be charged with a fourth…
↧
Penalties For Commercial Bribery And Breach Of Duty To Act Disinterestedly (N.J.S.A. 2C:21-10) In New Jersey
Criminal Lawyer For Commercial Bribery And Breach Of Duty To Act Disinterestedly (N.J.S.A. 2C:21-10) Those with responsibility to an enterprise are subject to additional rules in their conduct in New Jersey. Under N.J.S.A. 2C:21-10, Commercial Bribery and Breach of Duty to Act Disinterestedly, agents, officers, employees, partners, trustees, guardians and other fiduciaries, as well as lawyers, physicians, advisors, accountants, and others in similar roles can be prosecuted if they knowingly violate (or agree to violate) a fidelity of duty in exchange for any consideration. Arbitrators, referees, and labor officials are also subject to this prohibition. Bribery and Breach of Duty are treated as theft crimes, so the penalties that are applied are based on the value of the consideration or benefit received. When that benefit is tabulated to be less than $1,000, you’ll face fourth degree charges with a maximum sentence of 18 months with a fine of $10,000. If the benefit…
↧
Welch: Building Blocks For Retroactively Challenging Unconstitutional Career Offender Designations
For defenders, the retroactive application of Johnson to clients serving unconstitutional Armed Career Criminal Act sentences seemed like a no brainer. In Johnson, the Supreme Court held that the ACCA’s residual clause was unconstitutionally vague. Our clients serving sentences based on convictions that were ACCA predicates under the residual clause were serving unconstitutional sentences. Because the change in the scope of who is covered under the ACCA is substantive, Johnson applies retroactively to ACCA sentences. In other words, a final ACCA conviction is remediable either as a first § 2255 motion, a second or successive motion under § 2255(h)(2), or as a sentencing innocence claim under § 2241 (as outlined in this post-Johnson blog post and article).In Welch, with the agreement of both the government and the defense, the Court held today that Johnson applies retroactively because the decision is substantive within the meaning of retroactivity doctrine.…
↧
↧
Michigan Federal Judges Granting Bond to Violent Criminals
There are two types of crimes in the United States: federal and state law violations. State crimes are a defined by statutes enacted by state legislatures. They apply to residents and visitors to the state. Each criminal statute proscribes a specific range of punishment that can be imposed for a violation of the statute. For example, it is illegal to possess marijuana in Texas. If someone is caught with marijuana here, they can be arrested and charged with a crime. In Colorado, however, it isn’t illegal to possess a small amount of marijuana for personal use. Therefore possessing marijuana in Colorado isn’t a crime. A federal crime, on the other hand, is a violation of a statute passed by the United States Congress. Importing and exporting of drugs to and from the United States would be a federal crime. Terrorism, threats to national security, child pornography, sex crimes against minors, and certain white collar crimes can also be federal…
↧
Opinion holding Johnson v. US is a retroactive, substantive rule
Justice Kennedy delivered the opinion of the Court is Welch v. United States. Justice Thomas dissented.
↧
Former U.S. Attorney Calls for Texas to Require Videotaped Interrogations
In an op-ed in the Texas Tribune on Thursday, former United States attorney for the Northern District of Illinois Thomas P. Sullivan called for Texas to pass a law requiring police to adopt evidence-based investigative practices in order to address the state’s high rate of wrongful convictions. Sullivan says that practices such as the videotaped recording of interrogations both prevent wrongful convictions and help identify and convict the actual perpetrator of a crime. Not only can the videotaped recording of an interrogation protect an innocent person from being convicted due to coercive interrogation tactics, but police can also review the recording for signs they may have missed during the interrogation and to improve their interview techniques, he says. Sullivan also notes that prosecutors favor cases in which there is a videotaped confession. Sullivan and his associates at the firm Jenner & Block surveyed police and sheriffs in all 50 states about their…
↧
