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In the News: Columbus pays $350,000 settlement for wrongful arrest, approves non-citizens for program 🌟 Discover the latest in the world of Corporate Law! Check out this insightful piece. 💡🌍 The council also approved changes that would allow non-citizens to qualify as minorities for city contracting programs. 🔗 [Learn more: https://lnkd.in/gDffQC8M] #Legal #Corporate #Business #Law

🔍 Spotlight on Justice: ACLU Challenges Pennsylvania’s Public Defender Funding ⚖️ In a landmark move, our partner ACLU of Pennsylvania has filed a lawsuit claiming that Pennsylvania violates the constitutional rights of more than 100,000 criminal defendants every year. The suit was filed on behalf of 17 people, many of whom have been jailed while awaiting trial for months. They claim public defenders have failed to represent them properly and that the state has neglected its constitutional duty to provide representation. This case highlights a critical issue in our justice system: the right to adequate legal representation for all. We celebrate ACLU-PA’s efforts and hard work in advocating for this matter. 📜 Key Points: - “The U.S. and Pennsylvania constitutions both provide the right to counsel for anyone charged with a crime and facing jail time,” said Witold Walczak, ACLU-PA Legal Director. - Pennsylvania is one of the few states that does not provide state funding for public defense, leaving counties to shoulder the financial burden. - The consequences? Overburdened public defenders, inadequate defense for low-income individuals, and a justice system that fails to serve everyone equally. 🔗https://lnkd.in/eZURsigj

How far should lawyers go to make sure their clients aren't using them to launder money? - ABA Journal "'Whether it compromises attorney-client privilege or makes us that probing and penetrating government authority trying to oversee the activities of our clients or future clients, our criminal defense bar cannot manage attorney-client relationships in that manner,' says Michael Heiskell, a Texas lawyer and president of the National Association of Criminal Defense Lawyers." How far should lawyers go to make sure their clients aren't using them to launder money? - ABA Journal

On a snowy Friday here in Bloomington, I want to draw attention to something that seems to not be getting as much airtime as I think it should in white collar crime and compliance circles: the SNDY's whistleblower program that would allow individuals who have participated in criminal conduct to obtain individual NPAs. This is another step in melding corporate criminal law and enforcement with individual white collar crime and enforcement. For example, NPAs and DPAs used to only be for individuals, then AG Holder said lets use DPAs for companies too because no one wants another Arthur Anderson (although Prudential had gotten one already). Then we took plea agreement practices used in individual cases, such as offering large penalty discounts to secure cooperation of key witnesses (called 5K departures), to corporate criminal resolutions--as a company you can now get 50-75% discounts off of your fine range if the company voluntarily discloses and cooperates extensively. That's an individual Sentencing Guidelines-inspired prosecutorial process grafted onto the Organizational Guidelines in the context of DPAs. And now, an individual can get an NPA--no prosecution at all--for disclosing their illegal conduct before there is an investigation. In theory, that leads to more overall individual convictions (white collar crime often involves others, who would then be actually prosecuted) and more corporate DPAs (the corporation's liability is derivative of the individuals). And yes, while the SDNY's pilot program excludes federal, state, and local officials, members of federal law enforcement, CEOs, CFOs, and anyone who “is or is expected to become of major public interest,” there are plenty of lower level corporate employees that know about and are involved in wrongdoing that could take advantage of a dangling NPA. Interestingly, because there is an exclusion for misconduct not already known to the SDNY, there should be a race to the prosecutor's office. Kind of like the Antitrust Division's cooperator policy that's been in effect for years. This is potentially a huge shift in how prosecutors will investigate and make white collar cases and how defense attorneys will advise their clients. I'm not entirely sure how this all plays out, but I do know that it's a big deal that deserves a lot more commentary. Especially given that what happens in the SDNY often filters to other USAOs. Some key links: WSJ article (https://lnkd.in/gVXFUgdy) SDNY press release (https://lnkd.in/gu_aStjV) Pilot program language (file:///Users/thaugh/Downloads/sdny_whistleblower_pilot_program.pdf) Form to report a crime as a whistleblower (https://lnkd.in/gMe7VYkx) #SDNY #whitecollarcrime #whistleblowerpilotprogram #needsomecommentary

Filing a wrongful death claim requires awareness of the statute of limitations. Alpert Schreyer, LLC helps you understand the critical deadlines and legal requirements for wrongful death cases in Maryland. We are here to ensure that your claim is filed timely and accurately, preserving your right to seek justice for your loved one. #WrongfulDeath #StatuteOfLimitations #MarylandLaw #AlpertSchreyer

IF ... Michael Cohen, pleaded guilty to five counts of: 💥willful tax evasion; 💥one count of making false statements to a bank; 💥one count of causing an unlawful campaign contribution; 💥and one count of making an excessive campaign contribution... and he served prison time already...imagine what waits in store for “Executive-1" ... (Donald J.Trump)? Trump, the sole defendant in this case, which is slated to begin in mid to late March. Unless there is absolute jury nullification in this case...#45's liberty appears to be severely at stake. What does EVERY competent defense attorney, who knows their client is looking at prison time do...(if they want to help them avoid the rigors & difficulties of prison)? They get 'em to plead out ... to take a plea deal. What percentage of criminals plea bargain rather than taking their chance in court? ⚖ 97% of federal cases and ⚖ 94% of state cases. IF ... you care about him ... like many of you say you do, it may very well be time to start looking to do what may be in his best interests ... to help him. Everyone needs a good advisor ... everyone needs a good counselor. Not simply a "mouth-piece" that "drinks the Kool-Aid" ... and goes along with the process just to please the King. One that actually looks out for the person, to tell them the hard facts that might spare them a detrimental legal outcome. Rudy Giuliani (America's Mayor at one time) could have benefited from someone close to him talking some sense to him. The time is drawing near ... this façade of a "witch hunt" sounds good as a "soundbite" ... but it is slowly but certainly beginning to fade away. Furthermore, in the classified documents case ‐ the Federal government always gets their man (with these confidential/classified documents cases). Since 2005, the Department of Justice has convicted and sentenced at least 11 government employees on similar charges to Trump. Many of those investigations involved high-profile former officials, including former National Security Advisor Sandy Berger and former CIA Director and retired U.S. Army General David Petraeus, who pleaded guilty to unauthorized removal and retention of classified material. IF you care about #45 ... like you say you do ... help him by realizing it is time to "cop a plea" ... in order to insulate him from more legal injury through the criminal justice/legal system. THAT's what a good friend would do for another. ✌🏽

Flat fee contracts do not work in public defense systems. To pay the defense a flat fee regardless of the amount of work required, and then have them go up against salaried prosecutors in offices with significant resources (investigators, paralegals, IT specialists) explicitly amplifies an already unequal playing field. In death penalty cases, where the stakes are literally life and death, the use of flat fee contracts is simply unconscionable. Keri Blakinger at the Los Angeles Times and Maurice Chammah at the The Marshall Project do a terrific job of showing how these contracts do not serve clients, attorneys, and the taxpayers.

Pierce County Sheriff's Department - Washington State Legislators Roll Back Restrictive Pursuit Law: Washington State gets a dose of common sense. In an experiment Washington lawmakers passed a law that severely limited when police could pursue a suspect fleeing in a vehicle. The goal was to make the roads in Washington safer, a noble and reasonable endeavor. The people of Washington State found that the law went to far and had severe negative consequences. The roadways became less safe; from drivers recklessly flee from police for simple traffic safety violations to criminals fleeing in stolen cars and after commiting other crimes that did not meet the high bar allowed by the very restrictive law. Washington State found vehicle collisions increasing and more people dying and getting injured in these collisions. What did the people of Washington State do? They started the Initiative process. They decided what they wanted the law to be, and got enough voters to agree with them to send the Initiative to the ballot box. The State Legislative body had a decision to make. They could pass it and have it go into effect in 90 days or let it go to the people for a vote. They decided to pass it. The law cannot be changed by Legislators for one year. Was this the right decision? I think so... We have seen the experiment fail. Instead of safer roads we have encountered more dangerous roadway. We have seen increased fatal & injury collisions. We have seen increased lawlessness. More car theft because suspects knew we could not pursue them to make an arrest and the same with reckless drivers, burglars, and the list goes on... What's next? Police agencies have 90 days to adjust policies to fit the new law, if they choose to do so. Every agency can have policy's that are more restrictive. What's next for the Pierce County Sheriff's Department? We will take a close look at the new law and make decisions regarding what we believe is in the best interest of our constituents and the people that visit Pierce County. I do not know what that will look like yet. I suspect we will have a more liberal policy related to pursuing those suspected of criminal activity. https://lnkd.in/gibbCGhu

Vehicle forfeiture can be a serious consequence in certain criminal cases, where law enforcement seizes and keeps a person's vehicle due to its alleged involvement in illegal activities. This process can be complex and overwhelming, leaving individuals without a means of transportation and facing significant financial losses. Our experienced attorneys can help navigate the legal complexities, protect your rights, and explore possible defenses to challenge the forfeiture action. #VehicleForfeiture #LegalRepresentation #ProtectYourRights

"Can you reduce the bond?" is often the first question clients' families ask me. The short answer is hopefully. The Constitution doesn't guarantee a bond, but it does require that if one is given, it must be reasonable. The best way to get a reasonable or reduced bond is through a diligent attorney. We can file a bond reduction motion arguing for a reduction, and the judge may grant it, deny it, or raise the bond. Preparation by the attorney usually makes the difference because we have to argue that our client isn't a danger, will come to court, etc. That requires knowing the client and their background. At The Jones Firm, PLLC, we guarantee our clients receive the best services, including bond reductions, because we dedicate time, energy, and expertise to every case. The Jones Firm, PLLC limits our criminal defense cases to serious felonies to guarantee that each client receives the best services. If you or a loved one are facing criminal charges, contact The Jones Firm, PLLC, immediately for a consultation.