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South Florida Criminal Defense Lawyer Blog

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‘Affluenza Teen’ Sought by Texas

Ethan Couch, the teen dubbed as the ‘Affluenza Teen,’ arrested in Texas and placed on probation in 2013, is still months away from removal from Mexico back to Texas for sentencing after having fled Texas for violating his probation. Source: Cbsnews.com Extradition to Texas Procedurally, Texas has to go through…

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Antitrust Law Enforcement Policies of the U.S. Attorney’s Office

Antitrust crime is a catch-all for unacceptable business practices and since antitrust violations are broadly defined and the decision to prosecute is more of a policy decision than anything else, the crimes are defined more in the selection of who is arrested than what the actual criminal act is.   For…

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Bill Cosby Charged in Philadelphia for Sexual Assault

Source: cnn.com On Wednesday, December 30, 2015, the Montgomery County District Attorney in Pennsylvania, filed the sexual assault charges against Bill Cosby, famous TV and movie personality, just short of twelve years after the incident allegedly occurred.   Filed just months before tolling under the statute of limitations set by Pennsylvania law,…

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Compassionate Early Release Program in Federal Prison System for Elderly and Ill Inmates

The Federal Bureau of Prisons has a compassionate release program that offers early release or a reduction of sentence to certain eligible federal inmates for “particularly extraordinary or compelling circumstances which could not reasonable have been foreseen by the court at the time of sentencing,” according to their Program Statement, published…

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Prosecute Farook’s Mother and Others Who by Their Silence Assisted Terrorists and Mass Murderers

Federal Prosecutors and California authorities are looking into filing charges, but they hesitate. Under existing laws, Farook’s live-in mother may not be convicted for aiding and abetting.  The law does not create a duty to inform authorities of the bombs and the preparations, which is where a change in anti-terrorist…

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Prosecuting Prosecutors and Judging Judges

When are judges and prosecutors subject to criminal prosecution for actions taken in the course of or under the penumbra of law, that are probably abuses that warrant criminal sanctions?  Should they be beyond the reach of any and all criminal laws?  When and who decides when prosecutorial discretion becomes…

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Habeas Corpus: Not Available Soon At A Federal Detention Center Near You!

Most Americans shy away from Latin or Greek sounding words and one at the top of the list to find out about is Habeas Corpus.  In Latin, Habeas Corpus means that “you should have the body” or “produce the body.”  But in our legal system, Habeas Corpus means that anyone…

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National Police Chiefs to Meet with President Obama on Sentencing Policies

Source: http://lawenforcementleaders.org/ On October 22nd, 2015, President Obama met with the Marshall Project, as well as a new group called the Law Enforcement Leaders to Reduce Crime and Incarceration. The new group is made up of 130 police department heads and law enforcement officials, including William J. Bratton of the…

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FBI Director and Obama Clash on Whether Police are Pulling Back

FBI Director James Comey has made press comments that the “Ferguson Effect” has led to an increase in violent crime.  His comment was admidetly based on his empirical view of changes in homicide rates in select cities.  So the issue is: ”Are police shirking duty for fear of being prosecuted?”…

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Sentencing Reform in the Federal Prison System

This past week, the Senate Bill S. 2123, titled, “The Sentencing Reform and Corrections Act of 2015,” was approved by the Senate Judiciary Committee, in a vote of 15-5. The bill lowers minimum mandatory sentences of certain drug offenses and certain armed offenses, while establishing new minimum mandatory sentences for certain domestic violence offenses…

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