JonathanTurley

MAY 13, 2021

The punishment is a misdemeanor charge and fines of $500 to $2,000. The Lacey Act and other federal wildlife statutes could be charged for such conduct. The Lacey Act makes it a federal crime to break the wildlife laws of any state, tribe, or foreign country, in interstate commerce. However, the penalties are notably higher.

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Tort Misdemeanor Felony Lawyers 32

JonathanTurley

DECEMBER 8, 2023

The six misdemeanor charges and three felonies carry a potential sentence of 17 years for alleged tax evasion and filing a false return. The Justice Department inexplicably allowed the statute of limitations to run on the most serious allegations involving payments from years going back to 2016. It could have been worse.

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JonathanTurley

JUNE 9, 2023

Newsom cited the kidnapping statute but apparently failed to read it or the underlying cases. While there is a fair debate over the policy of relocation by states like Texas and Florida, the effort to use the criminal process as part of that political debate is … well, pathetic.

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Laws Misdemeanor Attorney Felony 50

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. The law recognizes the difference between a conviction and guilt. He then sough the return of two firearms. Dep’t of Liquor Control (Mo. Stephenson (Mo.

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Court Felony Misdemeanor Statute 57

JonathanTurley

JULY 11, 2021

which states a person who commits any primary offense — such as misdemeanor property destruction — with the intent to “intimidate or terrorize another person or with reason to believe that his action would intimidate or terrorize that person” is subject to a class B misdemeanor primary offense becoming a class A misdemeanor.

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JonathanTurley

NOVEMBER 27, 2020

faces a misdemeanor simple assault charge for allegedly intentionally blowing on people. The litigation over last year’s lettuce recall has only just started due to the statute of limitations. This year saw more Black Friday lawsuits from injuries in prior years (generally subject to a two-year statute of limitations).

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Tort Statute Criminal Law Court 37

JonathanTurley

AUGUST 22, 2023

He actually was planning to let Hunter walk without even a misdemeanor charge despite massive unpaid taxes, gun violations, and work as an unregistered foreign agent, among other alleged crimes. Now it appears that the controversial “sweetheart deal” was not the first choice of US Attorney David Weiss.

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Attorney Misdemeanor Lawyers Lawyer 59

JonathanTurley

NOVEMBER 14, 2023

Citizen arrests have been recognized since Medieval times when citizens had not just a right but a duty to to respond to a “hue and cry” of others identifying a criminal and seeking help. ” The right still exists for any felonies (or certain misdemeanors committed in the presence of the citizen).

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Felony Misdemeanor Attorney Statute 59

JonathanTurley

MAY 28, 2024

Trump’s lawyers are defending a former president who is charged under a state misdemeanor which died years ago under the statute of limitations. The First Leg: Falsification of Records The dead misdemeanor that is the foundation for this entire prosecution requires the falsification of business records.

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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. A Section 175 charge would normally be a misdemeanor. Yet, there was no hue and cry for this type of prosecution in Washington or New York.

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JonathanTurley

JANUARY 6, 2025

Those appellate issues include charges based on a novel criminal theory through which New York County District Attorney Alvin Bragg not only zapped a dead misdemeanor into life (after the expiration of the statute of limitation) but based a state charge on federal election law and federal taxation violations.

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JonathanTurley

MAY 27, 2024

Bragg has achieved the same effect by regenerating a dead misdemeanor on falsifying business records as 34 felony counts. To achieve that extraordinary goal, he has alleged that the document violations (which expired long ago under the statute of limitations) were committed to hide some other crime.

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JonathanTurley

APRIL 7, 2023

For many weeks, experts on both the left and the right expressed doubts that Bragg could charge Trump with falsifying business records, a misdemeanor with a now-expired two-year statute of limitation. After all, when Bragg ran for office, he was no more specific; he merely promised to bag Trump on some criminal charge.

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Above The Law

JANUARY 29, 2025

Trumps appeal is important for the rule of law, New Yorks reputation as a global business, financial and legal center, as well as for the presidency and all public officials, Giuffra said in a statement. But despite my misgivings, that is how the law reads.

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JonathanTurley

JUNE 24, 2024

Through various contortions, Bragg converted a dead misdemeanor case into 34 felonies in an unprecedented prosecution. New Yorkers and the media insisted that such selective prosecution was in defense of the “rule of law.” Bragg did not bother to state clearly what that crime was, originally alluding to four different crimes.

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JonathanTurley

SEPTEMBER 5, 2022

The three cited statutes do not require classified status for a crime but two deal with the unlawful possession or handling of defense or sensitive information.) Trump has not fully explained how he allegedly declassified all of this material.

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Misdemeanor Government Felony Lawyers 56

JonathanTurley

JUNE 14, 2023

A speedy trial under the Sixth Amendment − and a federal statute − would set the case for trial within 70 days. However, criminal defendants routinely waive the right to a speedy trial because it does not allow them to fully prepare for trial. That would put the trial before the end of August.

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JonathanTurley

NOVEMBER 2, 2024

However, it is most clearly not a criminal threat. The statute is below. Here is the statute: 13-1202. Threatening or intimidating pursuant to subsection A, paragraph 1 or 2 is a class 1 misdemeanor, except that it is a class 6 felony if: 1. Once again, I do not like the tenor or the name-calling.

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Felony Statute Misdemeanor Attorney 85

JonathanTurley

APRIL 2, 2023

While the actual charges will not be disclosed until the release of the indictment, the underlying theory discussed for months is an effort to revive a dead misdemeanor offense of falsifying business records — years after the statute of limitations expired. They largely ignore that the misdemeanor is expired. Bragg caved.

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JonathanTurley

APRIL 15, 2024

I have long been critical of the case as a clear example of the weaponization of the criminal justice system. No one seriously believes that Alvin Bragg would have spent this time and money to prosecute what is ordinarily a state misdemeanor if the defendant was anyone other than Trump. However, two prosecutors, Carey R.

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JonathanTurley

AUGUST 9, 2022

It was a flagrant and premeditated violation of federal law and put national security secrets at risk. Yet, Berger was allowed to plead guilty to a misdemeanor and did not have to serve any jail time. However, critics were not particularly interested in whether Trump might have some suspended misdemeanor sentence.

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JonathanTurley

MAY 24, 2024

Now it will be up to 12 New Yorkers to do what neither the court nor the prosecutors were willing to do: adhere to the rule of law regardless of the identity of the defendant. Merchan has allowed the government to bring back into life a dead misdemeanor and convert it into 34 felony counts of falsifying business records in the first degree.

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JonathanTurley

MARCH 31, 2023

The only crime that has been discussed in this case is an unprecedented attempt to revive a misdemeanor for falsifying business documents that expired years ago. Moreover, Bragg could face the same statute of limitation concerns on some of the issues previously investigated by the Justice Department.

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Misdemeanor Statute Attorney Felony 61

JonathanTurley

MARCH 22, 2023

They also would have to deal with a charge brought seven years after the alleged offense, despite a two-year statute of limitations for the underlying misdemeanors (or a five-year period for a felony). Department of Justice.

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JonathanTurley

APRIL 24, 2024

This law states “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.”

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JonathanTurley

MARCH 24, 2023

First, it expired as a chargeable misdemeanor after two years — and that was roughly five years ago. Second, it was a mere misdemeanor that could be brushed off by Trump even if they succeeded. The bootstrapping of a federal crime under this statute appears unprecedented and likely unsustainable.

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JonathanTurley

DECEMBER 7, 2020

From bribery statutes to constitutional provisions, legal experts routinely and unfailingly conclude that Trump or his family can be prosecuted or impeached for an endless array of misdeeds. I maintained that perjury is a “high crime and misdemeanor” regardless of its subject. Tribe notes: “It doesn’t say ‘except the criminal laws.’

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JonathanTurley

MARCH 21, 2023

He is reportedly going to convert a misdemeanor for falsifying financial records into a prosecution of a federal crime. There are serious challenges to this prosecution, including an argument that time has expired under the statute of limitations. Bragg is combining parts from both state and federal codes.

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JonathanTurley

JUNE 6, 2022

The statute of limitations for contempt of Congress is five years. The question is whether it will pursue these two misdemeanors — which could result in as little as 30 days and no more than a year in jail — if the next House seeks to rescind the contempt referral.

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JonathanTurley

JUNE 1, 2024

The charges were built on a dead misdemeanor barred with the passage of the statute of limitations. Even after sitting in the courtroom watching the trial and the verdict, I still have no idea what Trump was convicted of in the case.

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JonathanTurley

JUNE 3, 2024

With no federal prosecution, Bragg decided to use an unprecedented criminal theory not only to zap a dead misdemeanor into life (after the expiration of the statute of limitation) but to allow him to try violations of not only federal election law but also federal taxation violations.

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