A judge may remit unpaid fines and costs at any time. In certain circumstances. I’ve written a few posts about waiving court costs. This post covered the basics, outlining the recent legislative history that expanded costs into the realm of active-punishment cases and limited a trial judge’s authority to waive them. This one discussed the changes to the way cost waivers are tracked. It also included a chart of the various statutory waiver provisions applicable to each type of cost. It occurs to me, though, that I have never written much about the other process through which a monetary obligation may be excused: remission. Under G.S. 15A-1363, a defendant or prosecutor “may at any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it.” The statute permits the court to remit the fine or costs “in whole or in part” or to modify the method of payment, but only in three circumstances.…
Remitting Costs and Fines
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“We have become a disposable people”: Why Amnesty went to Cannon Ball, North Dakota
Last Wednesday, August 24, Amnesty International USA sent a delegation of human rights observers to Cannon Ball, North Dakota, to observe protests, led by Indigenous people against construction of the Dakota Access Pipeline, an oil pipeline that would abut the Standing Rock Sioux Reservation and cross the Missouri River, the main source of drinking water for the Tribe and for many communities downstream. Indigenous rights defenders from the Standing Rock Sioux Tribe have been camped near the pipeline construction site since April of this year on Standing Rock Reservation land. Beginning three weeks ago, protesters created a larger camp across the river from the Reservation, on land owned by the Army Corps of Engineers. Since then, Indigenous people from across the United States, and some from Canada, have been joining the camp and engaging in protests of the construction site further up the road. According to tribal leaders, this is the largest gathering since the…
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Idaho State Police Director Colonel Ralph W. Powell Receives Idaho POST Executive Certificate
Colonel Ralph Powell and POST Council Chair Chief Jeff LaveyIDAHO STATE POLICE NEWS RELEASE IDAHO PEACE OFFICER STANDARDS & TRAINING Contact: Victor R. McCraw, Division Administrator 700 S. Stratford Dr., Meridian 83642 (208) 884-7151 For Immediate Release: 9/1/16 at 3:25 p.m. MERIDIAN - Today Idaho Peace Officer Standards & Training Council Chair, Meridian Police Chief Jeff Lavey, presented Colonel Ralph W. Powell the POST Executive Certificate, the highest certificate awarded to peace officers in this state. Colonel Ralph W. Powell is a thirty-two year veteran of the Idaho State Police and was appointed by Governor C.L. "Butch" Otter in March 2013, and again during his second term in March 2015 as Director of the Idaho State Police. He has moved through the ranks of the ISP since he began his career as a Trooper in 1983. He has served in three of the six District offices of ISP. During his 33 years of service with ISP, he has supervised or managed all…
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Hoshino & Kamada on Third-Party Policing of Organized Crime
Tetsuya Hoshino and Takuma Kamada (Pennsylvania State University and Tohoku University - Department of Behavioral Science) have posted Third-Party Policing of Organized Crime: Evidence from the Yakuza on SSRN. Here is the abstract: Does increased enforcement deter criminal organizations from...
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Idaho State Police Join Law Enforcement from Idaho, Oregon and Utah for Enhanced Labor Day Weekend Patrols
IDAHO STATE POLICE NEWS RELEASE Teresa Baker Public Information Officer Headquarters 700 S. Stratford Dr., Meridian 83642 (208) 884-7122 Fax (208) 884-7087 For Immediate Release: 9/1/16 at 3:45 p.m. MERIDIAN - As summer winds down Idaho State Police is joining local law enforcement agencies across the state, the Oregon State Police and the Utah Highway Patrol in joint emphasis patrols to ensure all travelers are as safe on the highways as possible. On Friday, September 2nd and Saturday, September 3rd the Idaho State Police, Oregon State Police, Utah Highway Patrol and local law enforcement in all three states will be participating in "48 Hours of Traffic Safety on I-84." "The purpose of this joint operation is to have a large law enforcement presence on I-84, with the ultimate goal of increasing traffic safety and reducing crashes," said Idaho State Police Sgt. Tyler Jussel, who organized the emphasis patrol. "We are hoping that the end of the…
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"Arizona to vote on legalizing recreational marijuana following court decision"
From Jurist: The Arizona Supreme Court [official website] on Wednesdayrejected [press release] the final challenge to a voter initiated act to legalize recreational marijuana in the state. The challenge came from a group called the Arizonans for Responsible Drug Policy[advocacy...
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Mulholland Twins Get 20 Years in Ponzi Scheme
James Mulholland, 59 and Thomas Mullholland, 59, have been sentenced to 10 to 20 years in prison on eight felony convictions by District Judge William Collette for running an $18 Million Ponzi scheme. The prison sentences for all eight convictions will be served concurrently with the maximum being 10-20 years. “These two men abused the trust they were given […]
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"Crime Survivors Are Organizing. They Want Criminal Justice Reform, Too"
This piece is at The Huffington Post, discussing how over-incarceration inefficiently spends "safety dollars" and focusing on efforts in California. Hat tip: NACDL.
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DUI Deterrents: Checkpoints and Saturation Patrols
The National Highway Traffic Safety Administration (NHTSA) studies the effectiveness of DUI counter measures and publishes reports on the findings. You may be surprised to learn that one of the most effective deterrents to driving under the influence is DUI checkpoints. You probably know what a checkpoint is; most likely, you have probably also driven through one. In what is described as high-quality studies, the NHTSA reports that publicized checkpoints reduce alcohol-related fatalities, injuries, and property damage crashes each by about 20%. You might think that the police want to keep the locations of their DUI checkpoints a secret in order to snag unsuspecting drivers but that is not correct. According to the NHTSA, the purpose of the checkpoints is not to increase arrests but to deter drunken driving by increasing the perceived risk of getting arrested for DUI. To that end, the effectiveness of checkpoints depends on well-publicized and highly visible checkpoints…
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NYS Senator Calls On Assembly To Pass Sex Offender Residency Restrictions
Personally I think this decision should be made by a Judge on a case-by-case basis, not Legislators and broadly applied! 9-1-16 New York: A New York state Senator from the Hudson Valley is calling on the Assembly to pass legislation to keep registered sex offenders from living near children. Republican state Senator Terrence Murphy stood at Koegel Park in the Westchester County town of Somers
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FLYING A DRONE? BE AWARE OF THE EVER-EVOLVING DRONE OPERATOR’S LAWS
Look up in the sky! No, it’s not Superman, it’s a drone. Well, maybe some of you are too young to get the reference but drones are becoming a modern version of Superman. They can, and are, being used to ferret out criminal activity and fight forest fires. They are also becoming a menace. Drones were first offered for sale to private individuals about six years ago and until recently have been subject to few regulations. As their use become ever more common among hobbyist and for commercial purposes (photography, reconnaissance services, etc.) can the law be far behind? As of August 29, 2016 a commercial drone operator must follow the new set of FAA operational rules ( Part 107 of the Federal Aviation Regulations). Among the requirements are that the operator must be at least 16 years old and have a “remote pilot airman certificate” as well as pass TSA vetting. The drone must fly no more than 400 feet above ground level and below 100 mph.…
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Illinois Appeals Court Upholds Defendant’s Aggravated DUI But Vacates Public Defender Fee
The Illinois Court of Appeals recently affirmed a defendant’s conviction for aggravated DUI despite his argument that the trial court erroneously allowed the officer to testify as to the admonitions given before he refused a chemical test. However, the appeals court vacated the lower court’s order requiring the defendant to pay a $450 public defender fee. Following a jury trial, defendant Weston Romanowski was convicted of aggravated DUI. On appeal, Romanowski contended that his conviction should be reversed because the circuit court erroneously permitted the arresting officer to testify that he was told of the potential civil penalties if he refused to submit to a blood-alcohol test. Romanowski further contended that the circuit court’s order requiring him to pay a public defender fee in the amount of $450 should be vacated, since no hearing was held concerning his ability to pay such a fee. Under Illinois law, any individual who “drives or…
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Illinois Governor Signs Marijuana Decriminalization Bill
On July 29, Illinois Governor Bruce Rauner signed Senate Bill 2228, which decriminalizes minor marijuana possession. The new law–filed by Senator Heather Steans and sponsored by Representative Kelly Cassidy–renders possessing up to 10 grams of marijuana a civil, rather than criminal, offense. The civil citation is punishable by a fine of between $100 and $200. More than 100 local Illinois governments–including Chicago–have decriminalized possession of small quantities of marijuana. SB 2228, however, will extend decriminalization across the entire state. SB 2228 marks Illinois’ progress toward criminal justice reform. Last year, the Republican governor vetoed a bill that sought to decriminalize slightly larger amounts. The bill further mandates that law enforcement must expunge the civil infraction from the offender’s record within six months after the resolution of the case. This is meant to lessen the chance that possessing small amounts…
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CalGang Database Contains Numerous Errors and Incorrect Information
Beginning in the 1970’s, California police departments started a system of filling out 5- by 7-inch index cards, known as “field cards”, whenever the officer encountered a person suspected of having a gang affiliation. The cards included the person’s name, their “gang moniker”, gang affiliation and other identifying information. Back in those days, the cards were filed in cabinets. Cops still collect field cards but these days, the information is placed in a statewide database called CalGang. With the passage of the STEP Act in 1988, prosecutors were able to add gang charges and enhances to charges where the conduct was alleged to be gang related. Upon the creation of the CalGang database, law enforcement and prosecutors had a new tool to quickly identify and prosecute gang-related crime. With CalGang, officers in the field are able to instantly determine whether an individual has been identified to have gang ties—no more digging…
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Crofts on Accessories and Perpetrators
Penny Crofts (University of Technology Sydney, Faculty of Law) have posted The Identic Turn: The Culpability of Accessories and Perpetrators (33 Law Context: A Socio-Legal J. 37 (2015)) on SSRN. Here is the abstract: John Saunders had a wife whom...
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Penalties for Unauthorized Practice of Psychology (N.J.S.A. 2C:21-20.2) in New Jersey
A practicing psychologist in New Jersey is required to hold a license from the State Board of Psychological Examiners. Any person who knowingly engages in the following conduct, without a license, or when the license has been suspended, revoked, or limited by an order of the Board, can be charged with a third degree crime under N.J.S.A. 2C:21-20.2, Unauthorized Practice of Psychology: Practicing psychology Exceeding the scope of practice permitted by board order Presenting yourself as licensed to practice in the state Engaging in activity that requires the license as a prerequisite Practicing under the name of another person who is licensed. A conviction of Unauthorized Practice of Psychology in NJ doesn’t just put you in jeopardy of a prison sentence of three to five years and a fine of $15,000. It also means you’ll face additional disciplinary action by the Board, and are exposed to the risk of civil action by patients who feel duped. Being convicted of the…
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Penalties for Unauthorized Practice of Chiropractic (N.J.S.A. 2C:21-20.3) in New Jersey
The State Board of Chiropractic Examiners is the regulatory body that governs the practice of chiropractic, and anyone practicing in the state is required to hold a current license. When a license is suspended, revoked, or limited by the board, or you have never been licensed to practice in the state, and you engage in any of the following, you can be criminally charged under Unauthorized Practice of Chiropractic (N.J.S.A. 2C:21-20.3): Practicing chiropractic Exceeding the scope of practice authorized by the Board Holding yourself out as a licensed chiropractor Engaging in activity that requires the license as a prerequisite Practicing under a false name or the name of someone who is licensed These are serious charges. As a crime of the third degree, conviction will mean a felony record, a jail sentence of three to five years, $15,000 in fines, and likely disciplinary action from the Board that can end your career. You’ll also risk civil action by patients, which will be…
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Winning necessitates total focus, devotion, and service to clients
In 2003, I met my teacher Ram Dass, born Richard Alpert. In 1963, Richard Alpert and Timothy Leary got terminated from their Harvard psychology teaching posts for their lawful LSD experiments on people, after then-undergraduate Andrew Weil revealed their experiments in the Harvard Crimson. Four years later, Alpert traveled to India, met his teacher Neem Karoli Baba after at first being totally skeptical of him, and then becoming fully devoted to him, and his urging to love and serve everyone. Ram Dass said some thought Neem Karoli Baba to have been an incarnation of Hanuman, the servant of Rama, who represents devotion and service to others. Soon after meeting Ram Dass, I finally read his essential Be Here Now, which spreads the message not only of the basic Eastern principle of being in the present at all times, but also underlines the need to love and serve everyone. Steve Jobs also was influenced very much by Be Here Now, to the point that…
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Judge Throws Out Breath Test Results - Finds Results Are Not Scientific
Yesterday another judge tossed the DWI test results in a civil, implied consent hearing. In doing so our client’s license revocation was reduced to just 1/12 of the duration and avoids the dreaded “whisky plates” entirely. Our client (“Mr. N”) was stopped by the White Bear Lake Police Department for driving violations. The officer arrested him for suspicion of DWI and took Mr. N to the police station where he submitted to a breath test. The test, conducted on Minnesota’s DataMaster (DMT) breath test machine, produced alcohol results of .173 and .168. Mr. N had no previous DWI incidents, but because the DMT results were over .16 the state charged Mr. N with a Gross Misdemeanor DWI, revoked his license for 1 year without the possibility of a work permit (ignition interlock permitted), and impounded his license plates. After Mr. N hired our law firm the prosecutor dismissed the .16 Gross Misdemeanor charges and our client pleaded to a reduced…
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California Men Sentenced in Extensive Mortgage Modification Scheme
Serj Geutssoyan, also known as “Anthony Kirk,” 34, Santa Ana, California was sentenced to 52 months of imprisonment, and Daniel Shiau, also known as “Scott Decker,” 30, Irvine, California, was sentenced to 58 months of imprisonment for their role in an extensive mortgage loan modification scheme. Geutssoyan and Shiau also were ordered to serve three […]
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