economic crime penalties

Economic Crime Penalties Under Consideration for Revision

The U.S. Sentencing Commission is considering revising the fairness of economic crime penalties while working with Congress to reduce the severity of minimum mandatory penalties. While defense attorneys are recommending reduced sentences for white collar crimes, some judges are critical of the sentencing guidelines believing they are too low for certain economic crimes. Right now, more »

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Deferred Prosecution Agreements: A View From the Trenches and a Proposal for Reform

Deferred and nonprosecution agreements are the Department of Justice’s (“DOJ”) new weapons of choice for “reforming” corporations.1 Rather than risk the severe collateral consequences that accompany an indictment and conviction,2 companies now are offered the opportunity to cooperate, pay massive fines, commit to elaborate undertakings, and remain under probation-like supervision for some period of time more »

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deathpenalty

Death Penalty Splits Senate

Two state senators from southeast Iowa are hoping a death penalty amendment won’t stop lawmakers from passing a tougher sex offender bill this year. State Sens. Tom Courtney, D–Burlington, and Gene Fraise, D–Fort Madison, are hoping lawmakers will vote on the sex offender bill without getting caught up in politics over getting the death penalty more »

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car jack car jacking criminal defense

Brooklyn Carjacker’s Excessive Sentence Reassessed

A Brooklyn Federal Judge John Gleeson has successfully lobbied U.S. Attorney Loretta Lynch to take another look at a Queen’s carjacking case involving a man by the name of Holloway who was sentenced in 1995 to 57 years in prison. Thanks to Judge Gleeson, Holloway will likely be freed in nine months according to his more »

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sixth amendment rights

Defendant Lawyers Complain that Recorded Phones Calls at Jails Violate Defendant’s Sixth Amendment Rights

Attorneys in Florida, Minnesota, New York, Pennsylvania, Tennessee and now Texas have been complaining that their phone calls with their jailed clients are being recorded by law enforcement. A Texas lawyer has filed an amended class action complaint stating that this practice violates a defendant’s 6th Amendment constitutional rights. The Sixth Amendment guarantees criminal defendants more »

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court cases sealed

When Can You Get a New York Criminal Conviction Sealed?

If you have ever been convicted of a crime in New York, you know that it may be more difficult to find employment or get government assistance or housing. However, there may be some options for you such as getting your criminal record sealed. Requirements to Get Case Sealed In order to qualify to get more »

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predictive data

Predictive Data and Judge’s Sentencing Patterns

Attorney General Holder spoke to the National Association of Criminal Defense Attorneys in a meeting in Philadelphia on Friday August 1 regarding his opinions on judges sentencing low level non-violent offenders based upon risk assessments. Holder believes that judges should not base sentencing guidelines for offenders on risk assessments of whether someone’s educational or socioeconomic more »

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criminal trespass and burglary

Criminal Trespass or Burglary Crimes

Two thieves broke into an upper West side apart on the 17th floor of the building on West Avenue near West 10th Street July 12, 2014, by being able to get past a doorman. The two suspects broke into the apartment of a 26 year old woman and her 31 year old boyfriend. When a more »

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Secret Service

Another Russian Arrested on US Warrant

Vadim Polyakov, a Russian national, has been taken into custody in Spain and is being held for extradition to America. Polyakov, 30, is accused of hacking into internet users’ accounts and stealing $10 million of e-tickets that he ultimately sold. Russian media reported Tuesday that Polyakov is being detained in Madrid while awaiting trial. The more »

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reckless driving in new york

Reckless Driving in New York

New York Statute § 1212 defines reckless driving as any means of operating any kind of motor vehicle in a manner that interferes with the use of the highway by others and endangers others unreasonably. Reckless driving is a prohibited offense in New York. A reckless driving violation is considered a misdemeanor. The NYPD has more »

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