JURIST

FEBRUARY 26, 2021

The US Supreme Court heard oral arguments Wednesday in Lange v. The court examined whether the pursuit of a person–whom a police officer had probable cause to believe committed a misdemeanor–categorically qualifies as an exigent circumstance sufficient to allow the officer to enter a home without a warrant.

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Court Misdemeanor Legal Legal 104

FDA Law Blog

SEPTEMBER 28, 2023

Walsh — As readers of the FDA Law Blog know, the FDC Act is a strict liability criminal enforcement statute that can impose criminal misdemeanor penalties on a person without any showing of intent. Richard Marschall, a “naturopathic doctor,” had been convicted in 2017 for a misdemeanor violation of the FDC Act for selling misbranded drugs.

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Felony Misdemeanor Statute Court 52

The Crime Report

JUNE 14, 2023

A man who shot and killed an alleged mugger in Queens returned to court last week on weapons charges after police officers recovered an ‘arsenal’ of illegal firearms from his apartment. Foehner was not arrested following the shooting, but the 65-year-old did not own that revolver legally.

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Felony Misdemeanor Administrative Law Court 105

The Crime Report

SEPTEMBER 28, 2021

Los Angeles County District Attorney George Gascón announced that his office will dismiss roughly 60,000 marijuana convictions, the latest step to undo what some reform advocates consider the damage caused by narcotics enforcement carried out before Californians voted to legalize marijuana, reports the Los Angeles Times.

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Misdemeanor Felony Attorney Legal 98

JURIST

JULY 30, 2023

” The case is in the US District Court for the Western District of Fayetteville Division. Section 1 of the bill makes it a misdemeanor to furnish harmful items to minors. The question we had to ask was — do Arkansans still legally have access to reading materials?

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Laws Misdemeanor Court Legal 197

The Crime Report

JULY 2, 2021

Studies show that even a few days of incarceration increases the likelihood of a person’s future engagement with the criminal legal system. More than 70 million people in this country—one in three adults—have a criminal record, with roughly 45 million having a misdemeanor conviction.

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Misdemeanor Legal Legal Court 78

The Crime Report

MARCH 18, 2022

New legal filings in Texas describe an ongoing and consistent pattern of men being illegally detained for a month or more as their cases stagnate in overwhelmed courts, reports Click2Houston.com.

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Court Reporting Court Reporter Misdemeanor Attorney 97

The Crime Report

JULY 30, 2021

But diversion programs, like most facets of the criminal legal system, are racially asymmetrical: white defendants are generally more likely to benefit from diversion programs than people of color, according to a study conducted by experts from Florida International University (FIU), Loyola University Chicago , and the Safety and Justice Challenge.

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Misdemeanor Felony Legal Legal 145

JURIST

JANUARY 5, 2021

Proud Boys leader Enrique Tarrio was arrested in Washington, DC, Monday on a misdemeanor count for burning a Black Lives Matter (BLM) flag last month. The post Proud Boys leader arrested for burning Black Lives Matter flag appeared first on JURIST - News - Legal News & Commentary.

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Misdemeanor Felony Laws Legal 197

LawTechnologyToday

APRIL 30, 2021

The legal framework for using GPS tracking for business affairs varies from country to country, and this poses a challenge for companies that have to comply with the laws in place in order to continue their operations. (d) e) A violation of this section is a misdemeanor. (f) So, is vehicle GPS tracking legal? Conclusion.

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Legal Legal Technology Laws 112

JURIST

NOVEMBER 6, 2021

Environmental activists protesting climate change inaction who shut down the largest US energy export port for a day agreed Friday to pay for the cost of first responders and court costs to settle state criminal charges, according to Reuters.

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Misdemeanor Felony Laws Legal 104

JURIST

MAY 18, 2021

The officers found there was an outstanding warrant for his arrest for a gross misdemeanor weapons charge. The State’s prosecutor, Imran Ali, filed a motion to the Court to allow audio and visual coverage during the trial. The incident began to escalate, and Duante Wright reentered his vehicle.

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Misdemeanor Legal Legal Court 193

The Crime Report

SEPTEMBER 16, 2021

Advocates for women in Wisconsin describe the family court system as unprepared for the complexities presented by domestic violence, often giving little consideration to the risk of harm to women and children and compounding the trauma they face. There were a total of 361. There were a total of 361.

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Misdemeanor Divorce Felony Lawyer 119

JonathanTurley

NOVEMBER 15, 2021

I recently wrote a column stating that the sixth count appeared to be based on a factually and legally inapplicable provision of Wisconsin law. This is the loss of the least serious charge, but prosecutors lost more than just a misdemeanor conviction in the decision. It was clear that the court was sustaining defense objections.

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Misdemeanor Court Contract Laws 51

SCOTUSBlog

JANUARY 15, 2021

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether Facebook plug-ins violate the Wiretap Act and whether the Second Amendment protects an individual’s right to possess firearms outside the home or after a conviction for a nonviolent offense. Acknowledging a circuit split, the U.S.

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Misdemeanor Court Felony Government 117

The Crime Report

JUNE 3, 2021

Judges, juvenile justice experts and lawyers say arrests traumatize children, ensnare them in the legal system and increase their chance of recidivism. In 2019, New York State completed a phase-in that raised the age at which teenagers can be charged as adults for misdemeanors and most felonies from 16 to 18 years old.

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Misdemeanor Felony Legal Legal 98

Paralegal Bootcamp

JULY 28, 2022

I have been in the legal field for over 30 years and a paralegal going on eight years. Then, an opportunity came along to work for the County Public Defender’s Office, defending people in misdemeanor, felony, and now the only paralegal in the office on capital cases. .); Preparing legal memorandums is one of my favorite things to do.

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Paralegal Paralegals Criminal Law Laws 265

The Crime Report

SEPTEMBER 16, 2022

The Supreme Court has upheld protections for presumed innocent pretrial detainees to access ballots and register to vote, but several obstacles restrict these individuals of that right, reports Stateline, a publication of Pew Charitable Trusts. . . “And if you aren’t rich enough, then you can’t access your right to vote.”

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Misdemeanor Government Court Laws 105

The Crime Report

JANUARY 20, 2022

Moreover, admissions for misdemeanors and parole violations saw the largest declines. He said efforts like Kentucky’s Public Safety and Offender Accountability Act — a 2011 law that mandated citations rather than arrests for some misdemeanors — aren’t necessarily addressing jail overcrowding. Looking Ahead. Olive Lu, M.S.,

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Misdemeanor Felony Legal Legal 122

The Crime Report

NOVEMBER 11, 2021

Over the past 10 years alone, the Supreme Court has cited Commission reports in more than half-a-dozen cases. The Commission’s error thus not only threatens to taint its own research, but also to mislead the courts to the detriment of criminal defendants and the public. Congress abolished federal parole in 1984.) percent, 28.07

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Felony Misdemeanor Criminal Law Court 122

The Crime Report

NOVEMBER 11, 2021

Legal Claim to Self Defense? . But Racine-based attorney Patrick Cafferty who previously defended Jacob Blake in criminal court said that the legal basis for a self-defense argument “is sort of a moving target. Supreme Court’s Perspective. It’s very fact-specific in each case.”. That’s what this case comes down to.”.

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Attorney Misdemeanor Sports Legal 111

JonathanTurley

OCTOBER 6, 2022

Now, the activist with Direct Action Everywhere has filed a police report and is threatening legal action. However, not only is another court likely to find that there was no right to rescue in a case involving the theft of pigs by animal activists , this activist is likely to establish that the players had right to tackle.

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Felony Misdemeanor Tort Statute 38

JonathanTurley

OCTOBER 19, 2021

For example, Washington state allows for the charging of a misdemeanor. In 2009, the New York courts ruled that Metro workers were not legally required to assist a woman being raped at a station. Even though Bigan dared Yania to jump into the hole full of water, the court found that this made no difference. 316, 155 A.2d

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Tort Misdemeanor Legal Legal 42

The Crime Report

JANUARY 24, 2022

What’s more, legal experts say that these shortages have been the operational norm for years across our country as a whole, Law360 reports. . In January, both the American Bar Association (ABA) and the consulting firm Moss Adams LLP released two reports, detailing a public defender shortage in Western American states.

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Attorney Misdemeanor Felony Lawyer 111

The Crime Report

NOVEMBER 8, 2021

In addition to challenging the perverse financial incentives built into civil forfeiture, the class action lawsuit highlights problems with police notions of “consent”—an important legal question when officers take property using civil forfeiture. Courts would describe the behavior as coercion in any other context.

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Misdemeanor Court Attorney Statute 115

JonathanTurley

NOVEMBER 14, 2021

The statement could effectively knock out the misdemeanor gun possession count — the one count that could still be in play for the jury after the prosecution’s case on the more serious offense appeared to collapse in court. I have a legal education.” ” Under Section 948.60(2)(a) 29.304 and 29.593.”

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Statute Misdemeanor Criminal Law Felony 58

The Crime Report

AUGUST 3, 2021

The new law allows those accused of a crime to ask for an extra court hearing if they believe they acted in self-defense. Individuals charged with a felony or class A misdemeanor can ask for this hearing, unless they are accused of attacking a police officer. He says prosecutors didn’t believe they had enough to file charges.

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Laws Misdemeanor Felony Drafting 124

The Crime Report

DECEMBER 15, 2021

You’re not legally required to store your weapon in a safe manner.” And, there are no federal laws mandating gun storage practices after the owner takes position of a legally purchased firearm. In most states, violating the CAP law is a misdemeanor. A misdemeanor is a slap on the wrist. Cassie Chew.

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Misdemeanor Felony Laws Legal 126

SCOTUSBlog

JUNE 25, 2022

Share The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. On Thursday, the court issued its first major ruling on the Second Amendment in over a decade , striking down a New York gun regulation and holding that the right to bear arms extends outside the home. Whitaker v.

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Misdemeanor Government Court Laws 101

The Crime Report

DECEMBER 13, 2022

Shively continues: “Restorative justice is a lot more active; the court can feel a lot more passive for victims…So, talking through that level of fear as well as how close that young person was to potentially being killed…it really shows strong ability for rehabilitation. The legal system also discourages truth-telling,” she explains. “The

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Felony Misdemeanor Legal Legal 111

Day on Torts

FEBRUARY 8, 2021

55-8-136, which is a Class C misdemeanor, the statute of limitations for plaintiff’s action was extended to two years pursuant to Tenn. Defendant filed a motion for summary judgment based on the statute of limitations issue, but the trial court ruled in favor of plaintiff, and the Court of Appeals affirmed. Code Ann. §

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Statute Personal Injury Cause of Action Misdemeanor 59

SCOTUSBlog

OCTOBER 28, 2021

While possession prohibitors are critical to public and survivors’ safety, they cannot account for indicators of dangerousness that do not result in an active court record. This law was challenged by an abuser, who claimed it violated his Second Amendment rights.

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Misdemeanor Laws Court Court Rules 89

JURIST

AUGUST 4, 2021

The US Court of Appeals for the Seventh Circuit on Monday upheld an Indiana law requiring medical providers to report complications “arising from” abortions to the state. Failure to comply with the law is a class B misdemeanor punishable by up to six months in prison and $1,000 in fines.

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Statute Laws Court Misdemeanor 288

The Crime Report

OCTOBER 11, 2021

Using a ten years’ study period, the research team compared the outcomes for Bronx defendants who were provided traditional public defender representation by the New York Legal Aid Society against those experienced by another group, represented by Bronx Defenders lawyers who were funded and organized to operate on a “holistic” model.

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Lawyer Lawyers Immigration Misdemeanor 119

The Crime Report

DECEMBER 1, 2022

But a court struck down the practice as a violation of the constitutional freedoms of association and movement, and the U.S. Supreme Court in 2003 let that ruling stand. I think part of the problem is that these legal tools are very much under the radar,” Beckett said. When neighborhood orders of protection are employed in St.

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Court Lawyer Lawyers Misdemeanor 110

The Crime Report

JUNE 29, 2021

Nationwide, research over the last decade has documented how skyrocketing court fines and fees cause harm to those least able to pay them, and make future justice involvement more likely. The study recommended that Idaho abolish juvenile court administrative fees as a first step towards reform. Looking at The Numbers.

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Court Misdemeanor Laws Immigration 138

The Crime Report

JUNE 14, 2022

In a ruling that will have major implications for tribal justice, the Supreme Court has ruled that Merle Denezpi’s double-jeopardy rights under the Fifth Amendment were not violated by a second, federal court prosecution following his conviction and sentencing by a Court of Indian Offenses for the same incident, SCOTUSBlog reported.

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Court Misdemeanor Government Statute 97