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Last 20 posts indexed in the Criminal Law category on Justia BlawgSearch.com
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    More than four years after the General Assembly passed a new law making medical marijuana legal in Maryland, cannabis is now widely available for medical purposes in the state. The delays in making medical marijuana available were due to the time it took to build up an industry from the growers and the processors to doctors and dispensaries who recommend and sell the drug. The law was tweaked and Maryland saw legal battles after the General Assembly allowed the use of pot for medical purposes in 2013. Maryland’s original medical marijuana law stalled because it required academic medical centers to run programs, and none volunteered. The law was amended in 2014 to allow doctors certified by a state commission to recommend marijuana for patients with debilitating, severe and chronic illnesses. Although medical marijuana is legal in Maryland, many questions persist. Here are some of the most important ones: Why Does Marijuana Have Health Benefits? Cannabis is prescribed…

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    During the week of July 9-13, a special operation was conducted targeting street-level prostitution crimes. This joint operation between the Conroe Police Department, Willis Police Department, and the Montgomery County Sheriff’s Office resulted in the arrests and conviction of seven females for prostitution. In regard to the series of arrests, Conroe Pd Sgt. Jeff Smith… Read more about Conroe PD Arrests 7 in Latest Prostitution Sting The post Conroe PD Arrests 7 in Latest Prostitution Sting appeared first on The Law Office of Matthew D. Sharp.

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    A high school student throws a chair in the cafeteria. The chair doesn’t hit anyone; indeed, no one is in the immediate vicinity of the chair. The student runs out of the cafeteria. Has the student committed a crime? If so, how should school officials respond? The court of appeals addressed the first question in yesterday’s opinion in In re T.T.E., __ N.C. App. ___ (2018). T.T.E., a juvenile who was not yet sixteen, threw a chair in the cafeteria of Clyde A. Erwin High School in Asheville and then ran out of the cafeteria. The school resource officer, Mickey Ray, saw T.T.E. throw the chair and run from the room. Ray followed T.T.E. out of the cafeteria, snuck up behind him, and grabbed him by the shirt. T.T.E. cursed when Ray grabbed him and then told Ray he was playing with his brother when he threw the chair. T.T.E. was taken to a conference room, and a teacher at the school testified that the situation quickly settled down. The teacher said that T.T.E. was…

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    Media Advisory July 17, 2018 Contact: ISP District 4 Office, Jerome, ID (208) 324-6000 Idaho State Police have created a driver safety course, with topics including roadway safety and interactions with law enforcement. Classes are available in the Mini-Cassia area upon request and when it is possible for a trooper to provide it. The public should request such classes from the ISP District 4 office by calling (208) 324-6000. Media representatives are invited to one of these classes. Who / Where: Idaho State Police provide a class to students at the Burley High School, Burley, ID. Contact can be made at the school front office. Please arrive a few minutes prior to the class start. What: Idaho State Police provide driver safety training in a classroom setting When: Monday, July 23, 7:00 a.m. ###

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    Marijuana has been in the news this summer.  Medical marijuana has been increasingly available in Massachusetts since it was approved, first by voters then by the legislature in 2012.  There are currently 36 medical marijuana dispensaries regularly providing marijuana to medical cardholders.  In the first half of 2018 well over 9,000 kilograms of marijuana has been dispensed to some 56,000 cardholders. On July 1, in compliance with a ballot initiative approving the recreational use of marijuana, the state licensed the first grower for recreational marijuana, approving 10-20,000 square feet of grow space. That single licensee, by industry estimates, should be capable of producing, very conservatively, 30 grams per square foot per harvest, or 30-60 kilograms per harvest.  Assuming 6 harvests per year, this licensee should be able to produce 180-360 kilograms of marijuana per year.  There are 40 pending applications for cultivation licenses. In…

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    Have you ever wondered who is accountable for making sure the products we use every day are safe to be used? The answer can vary depending on the specific product in question, but one independent federal regulatory agency is at the center of product safety in the United States. The Consumer Product Safety Commission (CPSC) is a government organization that examines products for safety and removes unsafe products through recalls. The agency controls over 15,000 products including children’s toys and furniture, household appliances, power tools, and even fireworks. Throughout the years, the CPSC has had to wield its power through recalls in order to keep consumers like you and me safe. The National Highway Traffic Safety Administration (NHTSA) is similar to the CPSC and regulates motor vehicle safety. General Motors Issues Huge Recall Due to Dangerous Defect Product recalls are generally voluntary, meaning that the company in question is asked—but not…

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    Entrepreneurs looking to enter Massachusetts’ newly minted recreational marijuana market can sleep a bit easier tonight after a statement from U.S. Attorney Andrew Lelling (the top federal prosecutor for the state) regarding his enforcement priorities surrounding marijuana sales. Copyright: jirkaejc / 123RF Stock PhotoAs many in the industry are aware, federal prosecutors for years were guided by the “Cole Memo,” which endorsed a hands-off approach to enforcement against businesses operating where marijuana had been legalized under a state-sanctioned program. But this January, Attorney General Jeff Sessions rescinded the Cole Memo and issued his own Memorandum instructing federal prosecutors to “follow well-established principles that govern all federal prosecutions” in actions involving cannabis-related businesses. While this announcement initially sent shockwaves through the industry, we counseled companies to cautiously continue business as…

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  • 07/18/18--11:22: Calabresi on Special Counsel
  • Steven G. Calabresi (Northwestern University - Pritzker School of Law) has posted Congress Has Not Created an Inferior Office of Special Counsel Since 1999 on SSRN. Here is the abstract: The defenders of the constitutionality of Robert Mueller's appointment as...

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    Timothy J. Ford, quoted As published in Law360, July 16, 2018, 3:25 PM EDT Pending New Jersey legislation that would bar workplace harassment settlements subject to nondisclosure agreements captures the zeitgeist of the #MeToo movement on its surface, but Garden State attorneys who analyzed the measure say there’s more to the proposal than meets the eye. The Senate last month unanimously blessed the initiative, which was instituted by both legislative chambers in the wake of high-profile sex scandals that felled the careers of film producer Harvey Weinstein, late Fox News chief Roger Ailes and countless other celebrities. Now pending before the Assembly in two identical bills, the lesser known parts of the legislation have sparked discussions in legal circles. Here are four takeaways attorneys should know about S121 and A1242. The Measure Doesn’t Require Disclosure While the defense bar and the New Jersey Bar Association have raised concerns that the ban on…

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    On July 18, the Department of Justice announced that two consulting firms and nine skilled nursing facilities in Florida and Alabama agreed to pay $10 million to settle civil claims, originally brought by three former employees of one of the nursing homes. DOJ’s press release stated: Southern SNF Management, Inc., Rehab Services in Motion d/b/a Dynamic Rehab and nine affiliated skilled nursing facilities in Florida and Alabama have agreed to resolve allegations that they violated the False Claims Act by submitting or causing the submission of false claims to Medicare for medically unnecessary rehabilitation therapy services, the Department of Justice announced today.  Under the agreement, Southern SNF, Dynamic Rehab and the nine skilled nursing facilities will pay the United States a total of $10 million. “Today’s settlement demonstrates our continuing commitment to ensure that Medicare providers do not place their own financial gain over patients’…

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    The Baltimore County Circuit court is the trial court of general jurisdiction in Baltimore County, Maryland. Baltimore County Circuit Court Contact Information Physical Address: 401 Bosley Avenue Towson, Maryland 21204 Google map for the Baltimore County Circuit court. Mailing Address for Baltimore County Circuit Court Circuit Court for Baltimore County  County Courts Building  P.O. Box 6754  Towson MD 21285-6754 Phone Numbers for the Baltimore County Circuit Court Clerk’s Office: 410-887-2601 Adoptions: 410-887-3069 Appeals: 410-887-3090 Child Support: 410-887-7670 Civil: 410-887-2622 Civil Assignment: 410-887-2660 Copy Center: 410-887-2618 Courtroom Clerks: 410-887-3414 Criminal: 410-887-2625 Criminal Assignment: 410-887-2694 Family Law: 410-887-2614 Foreclosures: 410-887-2652 Juvenile: 410-887-3836 Land Records (Deeds): 410-887-3088 Licenses (Business and Marriage): 410-887-2607 Trusts: 410-887-3469 Baltimore…

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    According to a recent Newsweek article, U.S. Immigration and Customs Enforcement (ICE) has been accused of wrongfully detaining hundreds of American citizens for days, months, or even years in some cases. Between 2008 and the beginning of 2018, immigration judges terminated or suspended deportation proceedings against 880 individuals whose claims of citizenship merited further investigation prior to deportation.   ICE Repeatedly Targets U.S. Citizen by Mistake In one extreme case, ICE detained a U.S. citizen for nearly three-and-one-half years, simply due to an administrative error when looking for the man’s father in an immigration database. Even worse, after federal officials realized that the man had been wrongfully detained, they still refused to release him and attempted to deport him on the basis of a U.S. interpretation of a Jamaican law. An immigration judge ordered him deported, but a U.S. District Court finally ruled that the man should be freed from an…

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    IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- Idaho State Police District 6 1540 Foote Dr. Idaho Falls, Idaho 83402-1828 (208) 525-7377 FAX: (208) 525-7294 For Immediate Release: 07/18/18 2:10 PM Please direct questions to the District Office Idaho State Police are on scene of a crash southbound on I15 at mile post 155 near Hamer, ID. The left lane is currently blocked and will be for a period of time while units investigate the crash. More information will be released as it becomes available. 2406 -------------

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    You may have never heard the legal term “importuning” until you or a loved are charged with this crime. If this is the case, then you should definitely know what it is exactly and what to do if you’re charged with importuning. Importuning definition First, be advised that importuning is defined as “approaching or soliciting someone, as in soliciting a prostitute or a minor for sex.” Most likely, an importuning charge involves such a sex crime, and the worst would involve a minor. Texas law takes sex crimes against minors — those under age 18 — very seriously. If you face a charge of importuning or encouraging a minor to have sex, you face a charge which can lead to a large fine and years in prison. It could also mean you’d have to register as a sex offender, if convicted, on the Texas Public Sex Offender Registry. All this makes it clear that, if charged with importuning, you need an experienced sex crime defense lawyer, which our…

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    If you unjustly face a charge of pandering obscenity involving a minor, you should know your legal options to beat such a charge and have it reduced or even dropped. What is pandering obscenity? First, you should understand precisely what is meant by “pandering obscenity” involving a minor. This often can mean possession or promotion of child porn. It’s a serious charge which requires a strong Texas child porn defense attorney. Pandering means that a person tries to recruit, encourage or promote someone into illegal sex work or prostitution. Like “pimping,” it constitutes exploitation of illegal workers. As for obscenity, under Texas obscenity law (Texas Penal Code Chapter 43.21) this means material that’s “patently offensive” or serves a “prurient interest in sex.” However, the actual definition of obscene material is handled on a case by case basis. Essentially, to be considered sexually obscene, material must depict…

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    Readers know that I am a criminal defense lawyer in Atlanta who handles lots of federal cases. Most folks also know that various prosecutors employ full-time press officers who put together a “press release” every time that something happens that the prosecutor hopes to see published.  And most of us are so inundated and overwhelmed with information from so many sources that we have a hard time figuring out what is true and what is, to use the recently coined term, “fake news.”  So, let me use a case in which I am involved to demonstrate how all this happens and how sometimes it is important for a lawyer to have his or her client’s side mentioned as part of all this publicity. The local federal prosecutors have their website where they give out their “news,” such as announcing a new set of charges or that someone got convicted and sentenced.  Here is a recent one announcing the guilty plea by my client. Note that it is a…

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    When a relationship within your home turns toxic, there can be a lot of resentment. These negative feelings can become so extreme that one could commit something that is considered unreasonable, tragic, or out-of-line, such as locking their partner in a room for an absurd amount of time to teach them some type of lesson. There are many reasons that people commit these actions, but typically, either stems from revenge or from the need to get them out of their way. In New Jersey, false imprisonment is seen as a type of domestic violence because it often happens between people who had or still have an intimate relationship. The conviction of unlawful imprisonment is serious and can negatively affect someone for the rest of their life. False Imprisonment The name might seem straightforward, but what is considered false imprisonment is different than putting someone else behind bars for a false conviction. If you knowingly restrain another person in an unlawful manner – taking…

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    Midwest Innocence Project (MIP) client Laquanda “Faye” Jacobs was released yesterday in Newport, Arkansas, after being wrongly incarcerated for 26 years. Jacobs, who was sentenced to life in prison without parole as a juvenile offender, was resentenced to time served after the United States Supreme Court ruled that children cannot receive a mandatory sentence of life without parole. As such, Jacobs has yet to be exonerated. In 1993, Jacobs was wrongfully convicted of capital murder. At the time of the crime, witnesses described the shooter as a woman in her thirties with scars under her eyes wearing black pants and a black coat. Despite this description, then 16-year-old Jacobs was arrested one hour after the crime, still wearing the white dress she wore to church earlier that morning. “Faye’s case has all the hallmarks of a wrongful conviction — incentivized testimony, procedures known to lead to eyewitness misidentifications and absolutely…