Institute for Justice’s Post

State and federal lawmakers now have empirical evidence—not just speculation and anecdotes—showing they can rein in #CivilForfeiture without compromising public safety. State and federal lawmakers now have empirical evidence—not just speculation and anecdotes—showing they can rein in #CivilForfeiture without compromising public safety.

Criminal mischief charges in Florida don’t just apply to any property damage – they require both intentional damage and malicious intent. But what happens when your intent was directed at a person, not the property itself? This is where the concept of ‘transferred intent’ comes in, and it’s a common issue in criminal mischief cases. If its a crime to break things under certain circumstances, where is the line between damaging someone else's property and going to jail for the crime of criminal mischief? Let's say you're in a fight of sorts and a few things get broken--is all the stuff that got broken a separate criminal case for criminal mischief? These situations highlight a critical point in Florida’s criminal mischief law: intent must be directed at the property to qualify as criminal mischief. If you’re facing these charges in Central Florida, my office has over 31 years of experience, and we’re here to help. Contact us today to discuss your case." The Law Office of John Guidry, P.A. (407) 423-1117 320 N Magnolia Ave. Ste B1 Orlando, Florida, 32801 email: attorneyguidry@gmail.com #CriminalMischief #FloridaLaw #TransferredIntent #CriminalDefense #KnowYourRights #OrlandoAttorney #PropertyDamageLaw #criminaldefenseattorney #IntentInLaw #DefenseAttorney #CentralFloridaLawyer #johnguidry

Feb. 29, 2024 – A provision in a constitutional amendment that entitles crime victims to “full restitution” does not entitle victims to restitution in the full amount of their damages, the Wisconsin Court of Appeals (District IV) has ruled in State v. M.L.J.N.L., 2021 AP 1437 (Feb. 8, 2024). Three Burglars M and two other... Continue Reading #wisconsinlawyer #wisconsinlaw #wislawnow

Public defender offices nationwide face critical challenges, with spending gaps and resource constraints at the forefront. The National Legal Aid and Defender Association highlighted these pressures at their recent Gideon Day meeting. Alameda County Public Defender Brendon Woods underscored that California alone spends a billion more dollars on prosecution than public defense. Budget cuts are not limited to California; federal and state offices in New York, North Carolina, and beyond are also grappling with cutbacks. Amidst these challenges, some defenders argue for a proactive response by taking a more public role. However, this is fraught with challenges, given the significant funding law enforcement receives for public relations. https://lnkd.in/gXhKGvRr #legalnews #criminaljustice #PublicDefense #JusticeEquity #LegalAid

How has the Illinois Pretrial Fairness Act (PFA) affected prosecutors? Three #Illinois State’s Attorneys discuss how their counties are adjusting to the PFA. The #law took effect in September 2023, eliminating the use of financial conditions of pretrial release and establishing a process for detaining people before trial when necessary ➡ https://lnkd.in/g4bU6gPu #pretrial #PretrialDetention #PretrialReform #PFA #IllinoisPretrialFairnessAct #PretrialJustice

This Chicago Sun-Times article from Matthew Hendrickson echoes the Civic Federation’s March report on the same topic, finding positive changes in court procedure in Cook County since the Pretrial Fairness Act took effect.   Among the changes:   ✔️ The prosecution and defense seem better prepared to argue their cases and evidence before judges   ✔️ Judges’ release and detention decisions are clearly explained   ✔️ Defendants’ first hearings are more thorough than under the previous bond court system   Learn more in our report: rb.gy/g1lpgk https://lnkd.in/gym7Emue

🚨Conspiracy to Distribute CDS Not a Predicate for Organized Crime🚨 On March 27, 2024, the New Jersey Supreme Court decided State v. Kalil Cooper, which vacated the defendant’s conviction for promoting organized street crime. The Court held that conspiracy to distribute controlled dangerous substances (CDS) cannot serve as a valid predicate offense for promoting organized crime under N.J.S.A. 2C:33-30. In State v. Kalil Cooper, the trial court had allowed conspiracy to distribute CDS to be used as a basis for convicting Cooper of promoting organized crime, but the #NJ Supreme Court found this to be a legal error. The decision clarified that only specifically enumerated crimes under the statute can serve as predicates for promoting organized crime. As a result, Cooper’s conviction was overturned, and his sentence was vacated. Read the Full Decision Here: https://lnkd.in/gxJMv93H Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? Don't hesitate to call us 24/7 at (862) 315-7929. This attorney advertisement has not been approved by the New Jersey Supreme Court. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NewJersey 🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert Bianchi, ESQ., NREMT David Bruno, Esq. Danielle Esposito, Esq. Christopher A. Eaton, Esq. Paul A. Di Lella, Esq. Tricia Howarth Margolis Esq. Christina Hall, Esq. Maura Lynch Robert Esnes Alessandro Amato

🚨 Possible Outcomes of a Federal Criminal Case: What You Need to Know! 🚨 In the 2022-23 financial year, federal authorities in Australia finalized a staggering 9,232 criminal cases—a 14% increase from the previous year! With harassment and threatening behavior being the most common offences, understanding the potential outcomes of federal criminal cases has never been more essential. 🔹 Explore Key Aspects: - Types of Federal Crimes: From drug trafficking and white-collar crimes to cybercrimes and terrorism-related offenses. - Investigation and Arrest: The role of federal agencies, rights during investigations, and arrest procedures. - Pre-Trial Procedures: Bail, preliminary hearings, and plea bargaining. - Possible Outcomes: Case dismissal, plea agreements, trial verdicts, and sentencing options. - Post-Conviction Relief: Options like commutation, parole, and the impact on immigration status and civil rights. 🔹 Why It Matters: Federal criminal cases are complex and involve severe penalties. Understanding your rights and the legal process can significantly impact the outcome. Early intervention by an experienced lawyer is crucial to navigating the intricacies of the federal criminal justice system. 📖 Read the full article on our website to gain comprehensive insights into federal criminal cases and protect your interests. Stay informed and prepared! 💼⚖️ #KingsfordLawyers #FederalCriminalCase #LegalAdvice #KnowYourRights #AustraliaLegal #CriminalDefense #FederalCrimes #JusticeSystem #legalprocess https://lnkd.in/g7C6pRXV

In Watson Island, FL, the line between necessary force and excessive force in law enforcement is pivotal, with instances of the latter potentially resulting in both criminal and civil charges against officers. Understanding the nuances of excessive force is crucial; while officers are empowered to use force within reason, its misuse can lead to severe legal repercussions. Criminal charges, ranging from assault to manslaughter, can be pursued if force is deemed unjustified or excessive. Similarly, civil lawsuits seek compensation for damages incurred, emphasizing the importance of accountability and justice. #ExcessiveForce #JusticeInLawEnforcement

An excellent post by Dennis Reeve. The approach of the SCC in Jordan, which essentially characterized the root cause of delay in the criminal justice system as a "culture of complacency", amounted to a gross oversimplification of the true causes and drivers of delay in the criminal justice system. The offerred Jordan "solution" in the form of hard ceilings have actually aggravated the delay problem in trial courts, in retrospect, overloading the process with more and more frequent pre-trial conferences, forcing dates to be set without full disclosure, and "trial stacking". Meritorious cases will continue to be stayed, and unmeritorious cases will continue to clog the system in Ontario, because the real root causes and drivers of delay in the criminal justice system continue to beset and plague the efficient hearing and disposition of criminal cases, namely police overcharging, deficient post-charge screening standards, systemic crown failures to continually reassess case merit up to and during trials, and institutional resistence to making prompt and full disclosure. These issues are being compounded, simultaneously, by the impacts of Federal legal changes such as the elimination of preliminary hearings (i.e. judicial charge screening) for many, many charges, and federal legislative changes that generate complexity and delay, for example the defence disclosure regime in sexual offences, and expanded electronic search powers. We need a 21st Century G. Arthur Martin Committee to properly study the multitude of problems and recommend the much needed overhauls to our current criminal justice process. #criminallaw #justice #defencelaywers #courts #courtdelays #lawreform