The public to information related to police shootings

Although the U.S. Constitution calls for a transparent government, each state handles police misconduct differently. In some, disciplinary matters involving police, including shootings, are considered personnel matters. This allows departments to bypass traditional transparency requirements. Maryland is one such state. In Maryland, police disciplinary records are sealed from public access.

Senate Bill 362 is pending in Maryland. Written by state Senator Joan Carter Conway, SB 362 would force police departments to make such records public. The bill has wide support but is facing stiff opposition from police and union officials. The arguments against open reporting include the belief that permitting public access to police misconduct files would needlessly risk the lives of officers, would limit recruiting efforts, and reduce reporting by fellow officers in misconduct cases.

A Pennsylvania bill with just the opposite intent of the Maryland bill was recently vetoed by Gov. Tom Wolf. Pennsylvania is one of the states that currently has partial public access to records. In this state, individual department heads have the autonomy to decide what information to release. House Bill 1538 was intended to restrict police departments from making information related to certain police shootings public; it even criminalized doing so. The information which was to be restricted specifically dealt with shootings of unarmed citizens.

In signing the veto, Gov. Wolf stated, “I cannot sign into law a policy that will enshrine the withholding of information in the public interest. These situations in particular — when law enforcement uses deadly force — demand utmost transparency, otherwise a harmful mistrust will grow between police officers and the communities they protect and serve.”

A study by the CATO Institute in 2010 suggests Gov. Wolf is correct. The study considered whether there was a correlation between transparency by police departments and violence against police. The conclusion was that no clear correlation exists, but noted that the states reporting the most violence against police were those which restricted public access to records.

Types of Criminal Record in Italy

The criminal record contains information of final conviction decrees and other decrees of civil and administrative matter on a specific person.

More particularly, the Office for Criminal Records which is present at any Public Prosecutor’s Bureau, issues the following certificates subject to payment of administrative fee (€ 23,84 plus € 3,84

if urgent):

– general certificate: it contains final decrees of criminal, civil and administrative matter;

– criminal certificate: it contains final criminal conviction decrees;

– civil certificate: it contains decrees related to one person’s capability (judicial disqualification, incapacitation, legal disqualification, support administration), decrees related to bankruptcy (which can no longer be stated from 1 January 2008), expulsion decrees and appeals against the latter ones.

Currently, the criminal record is issued by any Public Prosecutor’s Bureau, regardless place of birth or place of residence of the party concerned.

The certificate may be requested:

– by the concerned party or by another person designated by him/her;

– by the public administrations and by the public service operators;

– by the criminal judicial authority;

– by the defendant’s lawyer.

Non-EU citizens, who are not passport holders, may request for release of criminal record, however they need to submit a copy of the residence permit.

The criminal record can be used for 6 months after release.

When it’s free?

The criminal record is free when it is required for the purpose of:

– being exhibited during adoption procedures and guardianship of minor children (Art. 82 of Law 184/83);

– being exhibited during labour disputes, compulsory social security benefits and assistance (Art. 10 of Law 533/73);

– being exhibited during a proceeding in which the party concerned is eligible to benefit from free legal add (Art. 18 of Presidential Decree 115/2002);

– being attached to the application for redress of justice miscarriage (Art. 176 of Implementing Procedures of the Civil Code).

Record of pending trials

Should one hypothesizes of being suspect of a criminal offence in Italy, it is possible for him/her to submit a request for record of pending trials.

The record of pending trials contains information of on-going criminal trials on a particular person and the eventual related judgements of indictment.

Treatment Options for Minor Drug Crimes

As attitudes toward certain drugs change, the penalties for a conviction change as well. Minor drug charges, such as possession of small amounts of marijuana, may no longer even carry jail time. Texas, like many other states, is having serious issues with overcrowding in its prisons. To make room for more violent offenders, those convicted of lesser drug crimes might be eligible for diversionary

Bills are currently being proposed in the Texas legislature that would allow first-time offenders in possession of four grams or less of certain drugs to receive treatment instead of going to jail for their crimes. Many convicted of these lower crimes are convicted of later drug-related offenses, because they cannot break the cycle of addiction.

Programs focused on treatment can help those offenders learn more about the steps they need to take to become less dependent upon drugs or alcohol. Additionally, it also allows these offenders to learn about what might happen to them if they continue down this path. They can see what the consequences of future convictions may be, and learn what they need to do to help turn their lives around.

However, not all drug charges are created equal. Those charged with offenses under Texas state drug laws may have more options than those facing federal drug crimes. If convicted of federal offenses, the crimes will carry mandatory-minimum sentences. This almost always means time in a federal prison, high fines as well as increased penalties for later crimes.

If you are facing either state or federal drug charges, you need to be sure that you offer a strong defense against these accusations. The consequences of a conviction can haunt you for many years after your trial has ended. Speak to an experienced criminal defense attorney about what you can do to defend yourself during your trial.

Many of these cases involve extensive investigations by law enforcement into suspected criminal activity. Officers may try to get you to admit to certain things in the hopes that you will try to talk your way out of trouble. Police and prosecutors are not on your side. They want you to make it easier to prove their case, and you should not talk to them without having your attorney present to protect your rights.

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The statute of limitations dictates

Time limits also apply to criminal cases. In these cases, the prosecutor must file charges after a crime has been committed. If the charges are not brought forth by this date, the prosecutor is usually barred from bringing forth the charges. These rules are important because they can prevent a person from being prosecuted in a manner that is not consistent with the law. However, there are exceptions to when these time limitations may not apply. A criminal defense lawyer can explain when these statutes apply and when they do not.

Purpose of Statutes of Limitations in Criminal Cases

In criminal cases, the purpose of statutes of limitations is to provide for more efficient prosecutions. Having a trial shortly after a crime has been committed helps ensure that the evidence is fresh and can be relied on. It also helps ensure that witnesses’ memories are fresh at the time of the trial. Additionally, statutes of limitations prevent prosecutors from threatening criminal prosecution by not having indefinite timelines. Additionally, statutes of limitations allow individuals who may be subject to criminal prosecution not to be concerned about this possibility indefinitely. However, some crimes are so serious that there are no statutes of limitations, such as murder.

Three-Year Limits

One of the most common time limits for crimes in Minnesota is three years. This time limit applies to misdemeanor crimes. Some felonies in Minnesota also have a three-year time limit. In fact, the default statute of limitations is three years in Minnesota if the law does not specify a different time limit. Other statutes of limitations are based on the seriousness of the crime.

Five-Year Limits

Theft crimes that involve stolen goods or services that are valued at more than $35,000 have a five-year statute of limitations. Arson and environmental crimes also have a five-year statute of limitations.

Six-Year Limits

Medical assistance fraud and bribery carry a six-year time limit. Bank robberies also have a six-year statute of limitations.

Nine-Year Limits

More serious crimes that have an applicable statute of limitations usually have a nine-year statute of limitations. This includes familial sexual abuse and criminal sexual conduct when the victim is a minor.

No Statute of Limitations

In Minnesota, murder does not have a statute of limitations. Additionally, crimes involving a victim of human trafficking who is a minor do not have a statute of limitations.

Tolling of the Statute of Limitations

The statute of limitations does not run when a defendant is not a resident of the state. This is to avoid the possibility of allowing a person to benefit by intentionally leaving the state in order to avoid prosecution. Therefore, the statute of limitations only starts ticking when the suspect is known, visible and within the state. This exception prevents individuals from crossing state lines, evading police or otherwise concealing himself or herself in an attempt to avoid charges. Once the individual returns to Minnesota, the clock continues.

Kidnapping Your Own Child

This may lead to the kidnapping of one of the children or all that exist in the relationship. If this occurs, it is important to know what this means legally and how to resolve the matter. There are often severe consequences to taking this step of child abduction.

What is considered parental kidnapping is important to understand. There may not be a charge of parental kidnapping, but these actions are often included in the general laws regarding kidnapping instances. There are three primary factors that constitute a kidnapping by one of the parents. The legal standing of the involved parent is relevant to these matters. If there are custody court orders in effect with the child that has been taken, this is included as parental kidnapping. The intent of the parent that has violated the law through this offense may lead to more severe or less grave consequences.

Free and Equal Access to the Child

There are no restrictions placed on either parent in regards to visitation or custody until a limit has been placed through the court. This means that either parent may make an arrangement with the other spouse in order to see or have his or her child over at his or her residence until the agreed upon time. However, if a child custody or divorce has been filed at some point, there is the possibility that one of the members of the couple may lose certain rights or time to see his or her child. Until this occurs, one parent is still within his or her rights to take the youth out of school early, to stay at his or her place for an extended weekend or during school breaks and similar actions due to no limiting orders on these rights. While this may cause dissention with the other parent, this is not considered parental kidnapping because of the lack of legal restrictions. However, the adult that takes the young person must be one of the parents in order to perform these actions.

No matter how much function someone has as a parent, he or she is not provided full and clear access to the child unless he or she is one of the actual parents. These rights are reserved for the biological fathers and mothers. Even if someone has lived with one of the ex-spouses for several years and may have a common law marriage with him or her, this does not grant the rights and privileges of legal parentage to him or her. Before free and full access to the child is a right for this person, he or she must petition family court for these rights. If someone has legal custody of the youth, it is not usually possible for him or her to be charged through his or her actions with parental kidnapping. But, this is possible for someone that violates custody orders. This may be through taking the young person, hiding the little one or similar behavior.

Internet surfers look up information

This arbitrary time frame is exactly that — arbitrary. In Georgia, and most other states, a DUI conviction is FOREVER, and no expunction of the conviction exists in state DUI laws. This exercise in discovering how much does a DUI cost over 10 years shows that this “window” of time for paying out of pocket for a DUI conviction is far too short of a viewpoint, and should be extended to cost

Many people charged with drunk driving call our office to ask, “How much is a DUI ticket?” This question is both ambiguous and far too simplistic to quote a DUI ticket price, as though the person was price checking a 55” 4K television. The impact of a DUI-DWI conviction can devastate a person’s life, and future job opportunities

The ten-year cost of a DUI to a garbage collector whose clean criminal record is not important compared to a high-ranking business executive is like comparing the cost of a single grape to a watermelon. Each client’s particular DUI consequences must be considered and factored into the decision to fight the case or not.

Plus, the DUI cost after a DUI conviction in one state cannot be compared to cost of a DUI conviction in another state, since more information is needed to determine the final cost. Several states, like Texas and New Jersey stack on huge surcharge costs than boost fines (a small part of drunk driving costs) to four or five times the amount of the fine itself. Repeat offenders in New Jersey can be saddled with an interlock device on their car for over a decade, with a $3000 to $4000 annual cost.

Variables on your DUI lawyer costs will include whether the arrest is for a felony vs misdemeanor, and whether a drunk driving accident has led to civil damages and possible punitive damages that can run into the millions of dollars. Plus, for any death or serious injury cases caused by drunk driving, the federal bankruptcy laws prohibit the DUI driver from being able to discharge this category of debt – ever.

With jury verdicts in DUI death and serious bodily injury cases caused by drunk driving often exceeding $5 million, the virtually unlimited financial exposure an accused drunk driver may have is limitless. Therefore, criminal defense lawyer fees, even for the best DUI attorney in America, are a mere drop in the bucket.

CPS Complaints in New Jersey

Mishandling Of Evidence and Logging
In all investigations, caseworkers are expected to log each evidence related to their particular case. This evidence can include,

but is not limited to, observations on the quality of the child’s residence, observations on interaction between family members, manuscripts of conducted interviews, observations on marks on the body of the child, and so on. There are numerous ways to mishandle evidence. For instance, the caseworker may be completely negligent of a key testimony, and not even record it at all, or when they do record evidence, doing so illegibly. Believe it or not, caseworkers have actually been terminated for having a poor handwriting.

BIAS
Case workers have been notoriously known to harbor certain biases whether done so unintentionally or not. These biases can unfairly impact the results of the case as a social worker will be more inclined to believe a certain individual regardless of whether they have actual evidence to support these beliefs or not. Any and all biases involved in a CPS case can be litigated against for more proper treatment and even can produce financial compensation if the bias results in a damage to the overall family. It is key to be aware that predispositions can come in many forms. For instance, biases can racially motivated, gender, religion, orientation, and more. Biases can even be a result of a personal experience that influenced the caseworker’s identity. Always be sure that your case is being handled efficiently and fairly.

Missing Context
No matter how much a family may love one another, everyone eventually has rough patches, however, this does not always mean they love each other any less, and certainly doesn’t always equate to abuse. This is why context is so crucial to any child services case. What was the family like prior to the reported incident? Was there any trigger that influenced their actions? What’s their reputation among their peers and others who know them personally? Observations outside of the case worker’s own notes are critical to truly understanding the unique nuances within a family, and the family’s own input is vital too, of course.

Healthcare Fraud and How Can You Spot It

Healthcare fraud is rampant in our current system. Around $3 trillion pass through the U.S. healthcare industry every year. It is a vast, complex system with a countless number of players. This makes it ripe for fraud, abuse and waste.

Tens of billions of dollars are lost due to wrongdoing or oversight in the healthcare industry every year. This fraud not only makes our system inefficient,

but it also impacts many Americans on a very fundamental level. The money we lose to fraudsters is money that could have been allocated toward treatment and tests for patients.

Types of Healthcare Fraud

Healthcare fraud comes in many different forms. Much of the fraud takes place in the billing process. These types of fraud are often subtle. They aren’t necessarily the types of things patients would ever notice if they don’t pay close attention to the sometimes complicated bills they receive.

Examples of healthcare fraud include:
• False billing practices, including billing for services never provided
• Upcoding, a commonly used fraudulent billing practice that falsely lists services provided
• The filing of duplicate claims
• Unbundling, a technique in which providers separately bill for services that should be bundled
• Kickbacks to providers or other facilities for referrals
• The altering of medical records
• Misdiagnosing conditions
• Performing “false” procedures to maximize profit
• The staffing of unlicensed employees.

Fraud is especially common in Medicare. Much like the entire healthcare system, Medicare is a large program that relies on several providers and third parties. Fraudulent providers often look for ways to bend the rules and abuse the system to maximize profits.

How You Can Identify Fraud

Patients can look for fraud by paying close attention to their bills and reporting discrepancies to the authorities. If you notice that a doctor billed you for significantly more time than they spent with you, it could be a sign of fraud. Likewise, if they charge for services that you never received, that could indicate fraudulent activity. Concerned patients can notify the Office of the Inspector General when they suspect a provider is committing fraud.

People Who Work in Healthcare Play Important Role in Stopping Fraud
While patients might be able to notice fraud, abuse or waste if they have in-depth knowledge of the system and pay very close attention to the details of their bills, those who work in the healthcare industry play the biggest part in the fight against fraud. Employees of providers have a working knowledge of these processes, making them more equipped to identify fraud when it occurs.

These employees are more likely to have witnessed fraud on multiple occasions. They know the system and how it can be abused. This makes them indispensable in the government’s efforts to crack down on wrongdoing in our healthcare system.

One of the most effective ways of stopping fraud is through what is known as qui tam suits. These lawsuits, filed through the False Claims Act, enable citizens to act on behalf of the government. With the assistance of a whistleblower attorney, those with inside knowledge of the system can cooperate with the Justice Department to identify and stop fraudulent activities.

When Your Teen Is Arrested

As parents, most of us have ideas in our heads of things we would rather not have to deal with, but it is rare that we aren’t faced with at least a few of these instances during our role as parent. It is a safe assumption, that your teenager getting arrested might top the list of what you would prefer not to deal with.

According to the Bureau of Justice Statistics, just over 1.6 million

juveniles were arrested in 2010. The most prevalent juvenile crimes were theft, assault, drug abuse, disorderly conduct, and plenty of curfew violations. Approximately 12,030 individuals under 18 managed to get arrested for DUIs regardless of the fact that the legal drinking age is 21. Another group of non-law abiding juveniles, 12,700, were arrested for drunkenness. A recent study found that 30.2 percent of people, in the United States, will be arrested by the young age of just 23 years. This means that nearly 1/3 of young adults with be struck with an arrest record.

For many parents, we feel that we have a “good kid,” but how does that thinking change for the parents who get that call telling them that their child is in trouble with the law? In these situations, you have to attempt to keep your perspective. One mistake does not make your kid a criminal or lead to a life of crime. Your child may have been a victim of the situation that they mistakenly put themselves in, could be hanging with the wrong crown, or may have been involved in a prank that took a bad turn. Acting with an aggressive attitude, responding in a judgmental way or even avoiding the issue will not help anyone involved; not you or your child. Remaining calm and acquiring as much information as possible before reacting is of the upmost importance when dealing with law enforcement.

Oddly enough, when a juvenile is suspected of criminal activity, there is no set national procedure that has to be followed. Each state has their own unique laws and policies vary from one department to the next. Police officers, generally speaking, make a custodial arrest, followed by a juvenile summons, or, make a custodial arrest based on a search warrant, or make a custodial arrest followed by a transfer to juvenile detention. Parents are usually notified upon arrest of the child’s whereabouts, what they are being charged with and what course of action law enforcement will then take. Being taken into custody means that your child will be booked (fingerprinted and photographed) and interviewed and this is often the scariest part of the process for the parent because you have little to no control or decision making ability on your child’s behalf. It is important to know that if your child, a juvenile, is arrested while under the influence of alcohol or drugs, they may be medically screened upon their arrest.

America ramp up punishment for a second DUI

Some parts of the penalties, when compared to a first offense DUI, are six times more onerous. Drastic increases in community service hours, lengthy alcohol or drug rehabilitation, driver’s license loss and draconian restrictions, even with mandatory ignition interlock, and many steps to be cleared prior to early reinstatement being available.

what criminal penalties and loss of driver’s license apply to a person convicted of a 2nd DUI in GA, for DUI penalties and for DUI license suspension consequences. In a DUI case in Georgia, “date-of-arrest” is the pivotal timing date to utilize, for both driver’s license loss, reinstatement, and criminal penalties such as jail time. Additional drunk driving convictions similarly increase mandatory minimums, but Georgia judges in many jurisdictions stray far from the minimums, in imposing lengthy jail sentences, unless a driver qualifies for and enters the DUI Court program.

LICENSE SUSPENSION CONSEQUENCES – Uses a 5-year lookback period, for 2nd DUI in GA, 3rd DUI or subsequent convictions.

DUI CRIMINAL PUNISHMENT – Uses a 10-year lookback, in setting forth MINIMUM, MANDATORY punishment, under Georgia DUI laws. This new law took effect July 1, 2008, and was applied prospectively, only, for determining a 4th DUI felony DUI.

Therefore, date of arrest must be known for all cases, in order to know the “minimums” below which the Prosecutor can go. Just looking at jail time, while some first offense DUI cases can have zero jail time, after conviction, a DUI second offense within 10 years requires 72 hours, at a very minimum.

A 3rd DUI calls for not less than 15 days, if within 10 years. Next, a 4th DUI within 10 years becomes a felony DUI, and mandates not less than 90 days in jail or state prison, as an absolute minimum.

ABOUT THE AUTHOR: William C. Head, DUI Lawyer Atlanta, Board Certified in DUI Defense, in practice since 1976
William C. “Bubba” Head is a defense attorney with 41 years of criminal litigation. The Atlanta DUI attorney has authored or co-authored over a dozen books on criminal law & is Board Certified by the ABA in DUI Defense. More than 20 years ago, the DUI specialist started the National College for DUI Defense, and launched national DUI lawyer training for field sobriety tests and breath alcohol testing. An expert on GA DUI laws, he has handled over 200 appeals of criminal and civil cases. William C. Head is Board Certified in DUI Defense and has been in practice since 1976.