JonathanTurley

MARCH 27, 2021

That creates a dangerously fluid and subjective basis for criminal charge, even a misdemeanor. All persons guilty of an affray shall be guilty of a misdemeanor of the first degree, punishable as provided in s. . — Whoever shall resist, obstruct, or oppose any officer as defined in s. 775.082 or s. Affrays and riots. —. (1)?

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JonathanTurley

NOVEMBER 15, 2021

I recently wrote a column stating that the sixth count appeared to be based on a factually and legally inapplicable provision of Wisconsin law. This is the loss of the least serious charge, but prosecutors lost more than just a misdemeanor conviction in the decision.

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JonathanTurley

OCTOBER 19, 2021

Generally there is no duty to rescue or to call police under the common law. For example, Washington state allows for the charging of a misdemeanor. The law covers violent crimes, sexual assault, and assault of a child. I am unaware of such a law in Pennsylvania, but these laws are rarely enforced. Bigan , 397 Pa.

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JonathanTurley

NOVEMBER 6, 2021

Six years ago, I wrote a column questioning charges in the Flint Michigan lead tainted water case as having more of a political than legal basis. After the initial press coverage dissipated, prosecutors quietly settled for misdemeanor pleas with key defendants. The entire charge was erased after a year.

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JURIST

SEPTEMBER 23, 2022

New York nonprofit The Legal Aid Society (LAS) Thursday reported that data from the Department of Criminal Justice Services (DCJS) shows the successes of New York’s 2019 bail reform law. The post New York bail reform law effective, not linked to rise in crime, data shows appeared first on JURIST - News.

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JonathanTurley

NOVEMBER 27, 2020

A deeply disturbing case in Los Angeles could raise some difficult legal questions. b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. c) Vehicular—. (1)

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JonathanTurley

DECEMBER 1, 2021

The case could present some difficult questions under the state’s Stand Your Ground and Castle doctrine laws. Yet, the question is not what Carruth “should” have done but what he is legally required to do. The Texas SYG law states in part : Sec. The law requires that the use of force is “reasonable.”

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Laws Divorce Misdemeanor Tort 35

JonathanTurley

MAY 13, 2021

A story in Houston has everything you would want in a legal controversy: a murder, a mysterious figure known only as “D”, a missing Bengal tiger named India and even Carole Baskin of Tiger King fame. The punishment is a misdemeanor charge and fines of $500 to $2,000. However, the penalties are notably higher.

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FDA Law Blog

SEPTEMBER 22, 2022

While the authors did a yeoman’s job of combing through the criminal cases to identify what they view as a “handful” of cases and call for increased use of the Park doctrine, we at the FDA Law Blog respectfully disagree. The editorial conflates a number of distinct but related principles of law and federal prosecution.

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Misdemeanor Mens Rea Felony Government 59

JonathanTurley

AUGUST 5, 2021

The women could bring direct criminal complaint against Cuomo. However, they may find it difficult to frame the many alleged incidents of Cuomo’s unwanted kissing and hugging into criminal charges. The New York Penal Law focuses on “forcible touching” cases. Forcible touching is a class A misdemeanor.

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The Crime Report

JULY 22, 2021

Often it’s to ensure fairer and more responsive treatment at the hands of a justice system that otherwise offers them few other options, says a Rutgers University law professor. It depends on deception to “sidestep the law without changing the law.”.

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The Crime Report

AUGUST 20, 2021

As a society, we eventually decided that faster access to Model Ts and Mustangs didn’t justify the horrific harms of the assembly line, and we passed laws and filed lawsuits to make the process safer. And we need to elect mayors, prosecutors, and judges who will commit to foregoing coercive tactics, even if the law currently allows them.

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The Crime Report

MAY 28, 2021

immigration enforcement has largely shifted from the street to jails, resulting in overreach and an increase in incarceration, according to a North Carolina law professor. Although he explained he is a legal U.S. citizen to employees at the jail, he had no way of legally contesting the detainer while in custody.

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The Crime Report

DECEMBER 27, 2022

At the same time, the institution and its employees sought charges against patients even as watchdogs say it failed to provide legally required services, such as individualized therapy for people with traumatic histories and poor coping mechanisms. Some patients faced multiple charges over several years.

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JonathanTurley

DECEMBER 8, 2023

However, it is also a case study of the perils of legal gluttony. The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The scandal was capped off legally and the media was running cover for Hunter. The answer was why not.

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JonathanTurley

APRIL 29, 2024

After the first week of testimony, the trial of Donald Trump is increasingly looking like a mad prosecution machine by lawyers who don’t take law too seriously. I have long been a critic of the Bragg indictment as legally incomprehensible. It is not even clear if Trump knew of this expense’s designation as a legal cost.

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Misdemeanor Laws Felony Legal 58

JonathanTurley

DECEMBER 27, 2023

Mark McCloskey later pleaded guilty to two misdemeanors to end the case, but was then granted a pardon. As such, the state law on the seizure of the weapons stands. I was highly skeptical of the charges brought by Circuit Attorney Kim Gardner, who was later removed from the case due to ethical concerns.

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Court Felony Misdemeanor Statute 38

JonathanTurley

FEBRUARY 2, 2024

It turns out that it is not even a misdemeanor to shoot a porn scene in a Senate hearing room and then post it on the Internet. The decision officially confirms for many that Congress can be legally obscene. The question may be whether this was access under legal authority for a staffer. Under 18 U.S.C.

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JonathanTurley

NOVEMBER 15, 2021

One issue to watch is how Judge Bruce Schroeder handles the gun count, which is based on what I believe is a flawed legal interpretation by the prosecution. Here is the column: The trial of Kyle Rittenhouse increasingly seems like a legal version of the parable of the blind men and the elephant. Biased media viewers.

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JonathanTurley

JUNE 9, 2023

.” The problem, however, is that this is just like the transport of migrants to Martha’s Vineyard in September 2022, which a number of Democratic leaders and legal experts insisted was also a clear case of kidnapping and human trafficking. First, let’s look at the law. Newsom previously asked the U.S.

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Laws Misdemeanor Attorney Felony 35

JonathanTurley

JULY 11, 2021

That would be a pretty weak case of property destruction but the police then added a “hate crime enhanced allegation” due to “the demeanor displayed by [the woman] in attempts to intimidate law enforcement while destroying a ‘Pro Law Enforcement’ sign.”. That law was struck down in United States v. Eichman , 496 U.S.

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JonathanTurley

MAY 28, 2024

There is still debate among legal experts as to the specific crime that District Attorney Alvin Bragg is alleging. Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. But what is that second crime?

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JonathanTurley

MAY 30, 2024

The instructions in the case raised concerns that the deliberations could become a legal version of a canned hunt, where the prey is trapped in a cage or fenced in areas to be dispatched. It was only when Steinglass repeatedly instructed the jury on the law that Merchan finally sustained objections, at the end of his closing arguments.

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JonathanTurley

MARCH 20, 2023

I have been critical of the indictment, which is reportedly based on a highly dubious use of a New York misdemeanor charge to revise a long dormant federal election law charge. Trump faces serious legal threats in the ongoing Mar-a-Lago investigation. Although it may be politically popular, the case is legally pathetic.

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JonathanTurley

MAY 27, 2024

Manhattan District Attorney Alvin Bragg appears to be launching his own school of abstract legal work in the Trump indictment. For many of us, Manhattan District Attorney Alvin Bragg has created a new school of abstract law where there is no need for objective meaning. Bragg started with nothing and sold it as a legal abstraction.

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JonathanTurley

APRIL 7, 2023

Given Bragg’s failure to even state the key offense allowing him to bring these 34 felonies, Merchan should have scheduled a hearing on the threshold legal questions in two weeks — not schedule all motions to be heard in December. Jonathan Turley is the Shapiro Professor of Public Interest Law at The George Washington University.

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The Crime Report

AUGUST 24, 2021

On April 13, 2018, in the Circuit Court of Arlington County, Virginia, Commonwealth’s Attorney Theo Stamos staked her position on sentencing for a man convicted of a misdemeanor and a low-level felony. At least the first part of that equation can be found in the largely forgotten field of comparative criminal justice.

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Immigration Criminal Law Misdemeanor Felony 143

JonathanTurley

NOVEMBER 27, 2020

In 2020, the cancelation of parades and the reduction of travel has led to a very different legal profile of holiday mishaps and malfeasance. faces a misdemeanor simple assault charge for allegedly intentionally blowing on people. In the eyes of the law, Tom is simply an Eastern wild turkey worth $300. He later confessed.

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JonathanTurley

JANUARY 14, 2021

Here is what I precisely wrote on the Blount and Belknap impeachment in The Executive Function Theory, The Hamilton Affair, And Other Constitutional Mythologies , 77 North Carolina Law Review 1791 (1999): 1. The impeachment of Senator William Blount of Tennessee may have been the most interesting both factually and legally.

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Misdemeanor Criminal Law Contract Laws 32

JonathanTurley

NOVEMBER 16, 2021

I recently wrote a column stating that the sixth count appeared to be based on a factually and legally inapplicable provision of Wisconsin law. But the Facebook post claimed that it was “perfectly legal” for the teenager to carry an assault-style rifle in Kenosha. Either way, we rate the post False.”

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JonathanTurley

AUGUST 11, 2024

That included the case of Daniel Goodwyn , who pleaded guilty to a single misdemeanor count of entering and remaining in a restricted building. 31, 2023, to one misdemeanor count of entering and remaining in a restricted building or grounds without lawful authority. I disagreed with the legal claims made to oppose certification.

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JonathanTurley

DECEMBER 6, 2021

Prosecutors also have faced policy and legal changes on decriminalization , parole opposition and other law-enforcement limitations. In some cities, like San Francisco, police largely stopped responding to shoplifting calls after state law was changed to make the theft of merchandise worth $950 or less just a misdemeanor.

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JonathanTurley

MARCH 10, 2024

Notably, Weiss said that it was Hunter Biden’s legal team that inexplicably shut down negotiations by playing hardball in seeking to preserve the original agreement: “The government proposed changes to the agreements that addressed only the issues identified during the hearing. Special Counsel Opposition

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JonathanTurley

AUGUST 9, 2022

I previously testified in Congress on the earlier seizure of the boxes at Mar-a-Lago under the Presidential Records Act and how criminal prosecutions have been rare under the law. It was a flagrant and premeditated violation of federal law and put national security secrets at risk.

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JonathanTurley

SEPTEMBER 5, 2022

Trump’s legal team’s belated request for a special master could help bring greater clarity to the raid’s scope and seizures. Yet it will not likely alter the trajectory of the case, which the Department of Justice (DOJ) has repeatedly stressed is an “active criminal investigation.”. 8 search. Follow him on Twitter @JonathanTurley.

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JonathanTurley

JUNE 24, 2024

With the Trump trial, Manhattan has become a type of legal wilderness where prosecutors use the legal system to hunt down political rivals and thrill their own supporters. Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution.

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JonathanTurley

APRIL 6, 2023

Warning: it has no legally nutritional content… Here is the column: “We cannot and will not normalize serious criminal conduct,” Manhattan District Attorney Alvin Bragg said of his indictment of former president Donald Trump. He insisted that Trump could not be allowed to use “fictitious legal services” for political purposes.

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