Impact of the decision of the Supreme Court on sex offender registration

13 May 2012 /24-7PressRelease / -receive conviction as a sex offender can have disastrous results personal and professional aspects of life. Offender information are easily accessible to the public via the Public sex offender Web site. With a simple search, a wealth of information about a registered sex offender is available, ranging from an image and a physical description, home address and the work of the offender registered.

The practice of recording began with Megan law in 1996. Since then, public policy researchers, correctional services officers and about professional treatment if the system benefits the public. These concerns are growing that the list of crimes on the list of registration extends to cover the less serious crimes such as consensual sexual intercourse with a minor friend or public urination. Apart from these concerns, the system remains fully usable in most States.

In an interesting twist, the Supreme Court recently found that not all individuals with conviction of crime of sex are needed to enter in this system. The Court considered whether the registration of sex offender and act of Notification required registration for those who have offended before adoption. Finally, the judges concluded that registration is required for these "CHRA offenders" only after the "Attorney General validly specifies that the provisions of the Act of registration apply."

Implications for the defendants in the companion cases

Accordingly, accused of crimes which usually require registration are not under the control of a sex offender registration and Notification Act. Instead, those who have been involved in these crimes committed prior to 2006 can not register officially until notified to do so by the Attorney General.

Can be difficult to determine when registration is required. Therefore, if you or a loved one is faced with a matter of record, it is important to contact a lawyer of sexual crimes experienced so that your rights are protected.

Article provided by the Law Offices of Gary e. Gerson
Visit us at the www.garygerson.com

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Court: Cellphone Numbers Can Be Obtained Without a Warrant

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May 13, 2012 /24-7PressRelease/ -- The Fourth Amendment to the United States Constitution protects Americans from unlawful, or warrantless, searches and seizures. This means that law enforcement officials first need to have judges approve police reasons for prying into and searching the private effects and lives of citizens. But there are times when law enforcement is granted exceptions to this warrant requirement, including checking a cellphone for its number.

While being arrested at a methamphetamine bust, an Indiana man was found in possession of three cellphones; and without first obtaining a search warrant, police officials turned on and searched the cellphones to retrieve their phone numbers. Those numbers were then used to obtain search warrants for the phones' call histories -- information that led to a drug-charges conviction and a 10-year prison sentence.

The man appealed his conviction, arguing that conducting warrantless searches of the cellphones for their phone numbers was a violation of his Fourth Amendment protections against unlawful search and seizure. Therefore, any evidence obtained from the phone numbers such as the call histories was inadmissible and could not be used against him. The Seventh Circuit Court of Appeals unanimously disagreed with this argument.

Comparing a cellphone to a diary, the court stated in the opinion, "It's not even clear that we need a rule of law specific to cellphones or other computers. If police are entitled to open a pocket diary to copy the owner's address, they should be entitled to turn on a cellphone to learn its number."

Further, the court described the invasion of obtaining a cellphone's number as a "modest cost" in privacy. The court did note that any search of a cellphone beyond retrieving its number may be considered intrusive, meaning a warrant would be required.

If you feel law enforcement officials are using evidence gained from an unlawful warrantless search against you, speak with a knowledgeable criminal defense attorney.

Article provided by Paul Cramm
Visit us at www.kansascity-criminal-attorney.com

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Court rules that Source Code theft was not a Crime

May 12, 2012 /24-7PressRelease / -business espionage may be more difficult to prosecute criminally after a recent decision of the appeal court. The Court of appeal of the United States for the Second Circuit overturned the conviction of the former Goldman Sachs Sergey Aleynikov programmer who has been charged with theft of trade secrets and essentially commit espionage against his former employer. Downloaded Aleynikov allegedly code source Goldman for its trading system high frequency on a remote server in Germany before downloading his computer and flash in Chicago drive, all before taking a new position with a competitor, Tezza Technologies. Goldman has taken steps and contacted the FBI, which arrested him.

Aleynikov was charged with (and for) violation of the national law in property stolen (NAPs) and the economic espionage Act (EEA). He was sentenced to eight years in prison.

However, the Second Circuit has quashed his conviction, holding that its actions do not violate the NAPs, since it did not assume physical control over the code or deprive its use Goldman. Applying the clear wording of the Act, the Court held that Aleynikov had taken "purely intangible property embodied in an intangible format" and that he has not transferred the code with the knowledge that it was stolen. As such, he step "steal" the code, as defined by the Act.

The three judge Committee has also concluded that Aleynikov did not violate the EEA, since he did not (or wanted to) take advantage of the sale or the license code. The unanimous Committee, the Chief Judge Dennis Jacobs explains, "because the Watchdog system was to enter or pass through trade, or to do something which is, theft Aleynikov source code related to that the system was not an offence under the EEA."

However, the Court noted that Aleynikov should have known that his actions violated its agreement with Goldman Sachs and could lead to civil penalties, but they ultimately do not constitute a crime.

Article provided by Erik s. Syverson
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Court Ruling Restores Benefits to Those with Certain Arrest Warrants

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May 09, 2012 /24-7PressRelease/ -- A new federal ruling will enable individuals with certain kinds of outstanding arrest warrants to have their Social Security Disability benefits restored. The new rule may apply to as many as 100,000 individuals.

In 2010, the New York Second Court of Appeals instructed the Social Security Administration to cease its practice of denying or suspending benefits to those with outstanding arrest warrants for probation or parole violations. At the time, the ruling only applied to individuals residing in New York, Connecticut and Vermont. Now, the court has certified a nationwide class for the ruling, which practically extends its reach to the rest of the country.

The ruling does not apply to all outstanding warrants, but only to a few offense codes which reference certain probation and parole violations. Affected codes include:
- 5011: Parole Violation
- 5012: Probation Violation
- 8101: Juvenile Parole Violation
- 8102: Juvenile Probation Violation
- 9999 or Blank: Offense Charge Symbol of Parole or Probation Violation

The new ruling restores Social Security Disability benefits eligibility to recipients with outstanding warrants in these categories and will require the Social Security Administration to award benefits to those whose applications have been denied because of these warrants.

The National Senior Citizens Law Center, a seniors advocacy group, believes that many affected by the ruling are low-income individuals who were forced into destitution after their benefits were suspended or denied, despite worsening medical conditions that necessitated the financial support Social Security benefits are intended to provide. Now these individuals will have old benefits reinstated or denied applications approved.

The Social Security Administration provides two kinds of benefits to those that are too disabled to work. Supplemental Security Income provides need-based support to those who are permanently disabled, blind or aged and can be used to meet basic needs like shelter, food and clothing. Social Security Disability Insurance is available to workers who have paid into the system before becoming permanently disabled. Often, these benefits are lifelines for individuals who are unable to earn an income.

If you or a loved one has been denied benefits due to an outstanding warrant, contact an experienced disability attorney who can help you determine if you are currently eligible for Social Security benefits.

Article provided by Olinsky Law Group
Visit us at www.windisability.com

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Corboy & Demetrio Lawyer Named To IL Supreme Court Committee On Character & Fitness

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    May 05, 2012 /EIN Presswire/ -- Mr. Willer has obtained numerous multi-million settlements and verdicts. His many accomplishments include a $7.6 million verdict, after a fourteen day jury trial, awarded to his client for injuries he suffered as a result of a construction site accident. In a case that he successfully argued before the Illinois Appellate and Supreme Courts, Ed secured a $6 million settlement for the death of a worker in an oil refinery explosion.

Mr. Willer joined the Chicago law firm of Corboy & Demetrio in 1994 after having practiced with the preeminent law firm of Leonard M. Ring & Associates. He graduated in 1973 from DePaul University College of Law, where he was a member of the Law Review and the International Moot Court Team.

Recognized as one of the top 5% of all Illinois attorneys by the Leading Lawyers Network, Mr. Willer also has an AV rating - the highest possible rating for any lawyer - from the Martindale-Hubbell Law Directory.

About Corboy & Demetrio

Corboy & Demetrio is one of the nation's premier law firms. It represents individuals and their families in serious personal injury and wrongful death cases and is renowned for its achievements in the courtroom and for its contributions to the community. The rights and concerns of its clients are at the core of Corboy & Demetrio's practice. That commitment, dedication, compassion and relentless drive has resulted in exceptional service and exceptional results for its clients. The Chicago personal injury law firm has acquired more than $3 billion in settlements and verdicts and has attained almost 600 settlements and verdicts in excess of $1 million. To contact Ed Willer or another Chicago personal injury lawyer at our firm, call 312-346-3191 or toll free at 800-356-3191. We are available 24 hours a day, seven days a week. For more information about our law firm go to corboydemetrio.com.

Helen Lucaitis
Corboy & Demetrio
3123463191
http://www.corboydemetrio.com

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Minnesota Appeals Court Expungement Ruling Good for Employment Prospects

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May 03, 2012 /24-7PressRelease/ -- A serious criminal conviction can be a challenging thing to live with. Even long after repaying your debt to society, your past can come back to haunt you, impairing your ability to get a good job, obtain a professional license or find suitable housing.

Yet, under certain circumstances, Minnesota law allows individuals to expunge their old criminal convictions. In fact, a new appellate ruling issued by the Court of Appeals on Apr. 12, 2012, makes expungement even more readily available for Minnesotans.

Court Deemed to Have Authority to Expunge Both Judicial and Executive Records

Five years after pleading guilty to a felony charge of aggravated forgery, the respondent in the case State v. M.D.T. was eager to move on with her life. She had originally filed an expungement petition pro se -- in other words, without the help of a lawyer -- but it was denied. However, her second expungement petition, submitted with the help of a Minnesota criminal expungement attorney, was approved by a district court.

Still, the judgment was not final. Along with the county attorney involved in the case, Minnesota Attorney General Lori Swanson appealed the ruling, claiming that the district court overstepped its authority by ordering the expungement of the respondent's criminal records, putting the case in the hands of the Court of Appeals.

In Minnesota, there is no guarantee of expungement, but if your crime is not among the most serious offenses, and you can convince a judge that you have been disadvantaged by your criminal record, sealing your criminal record will not adversely affect public safety, and you have rehabilitated yourself, you have a good chance at expungement.

On appeal, the court found that the respondent had met these requirements, but there was still a question of whether the original trial court had the authority to expunge not just the criminal records maintained by the judicial branch, but also those held by executive branch authorities like the BCA (Minnesota Bureau of Criminal Apprehension).

The appellate court reasoned that since the executive branch maintains criminal records as the result of judicial branch action (i.e., entering a conviction) that Courts should be able to expunge executive branch records created by the Courts themselves. In addition, executive branch records need to be sealed for a judicial expungement order to be meaningful, and there are practical protections still built in that allow executive records to be reopened for good cause. Thus, the court was within its authority to expunge all the respondent's criminal records, both judicial and executive.

Career Derailed By Criminal Record? Expungement May Be the Answer

A felony conviction can be devastating for employment prospects. In the recent appellate case, before her expungement, the respondent was denied a job by at least six prospective employers due to her felony conviction -- she was even fired from a position she'd already obtained when her past came up in a background check. Thankfully, the recent ruling should help get her career back on track.

The ruling may be helpful for you too. If you have a conviction in your past, contact a Minnesota criminal expungement attorney today to learn how to clear your record of old legal indiscretions.

Article provided by Max A Keller Atty at Law
Visit us at www.kellerlawoffices.com

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U.S. Supreme Court Soon to Hear Florida Drug Dog-Sniffing Case

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    May 03, 2012 /24-7PressRelease/ -- The Fourth Amendment of the U.S. Constitution protects all U.S. citizens from unreasonable search and seizure. For example, police cannot enter a private residence to search for drugs without a warrant. However, the fringes of Fourth Amendment protections have been the subject of much debate by the U.S. Supreme Court. The court will soon add to the law regarding search and seizure law in a case that originates out of Florida and involves Franky, the drug-sniffing dog.

The incident in question occurred when police used Franky in the archway of a private home to search for illegal drugs. The dog alerted the authorities to the presence of contraband, and the police subsequently entered the home to discover a marijuana grow house. The police did not have a warrant. The owner of the home was subsequently charged with drug cultivation.

However, the Florida Supreme Court ruled that this was a search and therefore deserved the protection of the U.S. Constitution. Prosecutors appealed the decision to the U.S. Supreme Court, claiming that since the dog was only trying to find illegal activities, not legal activities, it was not an invasion of privacy and did not constitute a search.

In 2001, the U.S. Supreme Court ruled that the use of an infrared camera to detect the growing of illegal drugs was a search under the U.S. Constitution and required police to obtain a warrant. Previous decisions, however, have held that dog sniffing outside of luggage and cars does not constitute a search.

Oral arguments will occur in May, and a decision is expected in June.

Constitutional Rights

If the U.S. Supreme Court does overturn Florida's high court decision, it would add to the number of situations in which evidence found in warrantless searches and seizures can be used in court. Generally speaking, police can seize anything that is public information. If seizing private information, police need a warrant, except under certain circumstances, such as:
-A short stop-and-frisk that does not amount to an arrest
-Evidence found that is incident to an arrest, for example finding evidence of a different crime while arresting a person on other suspected charges
-If the evidence is in plain view to the police officer
-If the person consents to a search

These are just a few examples of long-debated Constitutional rights regarding police searches and seizures. Other protections exist as well, such as the rights of arrested individuals to receive "Miranda" warnings, and the right to be free from police brutality.

Under the exclusionary rule, any evidence obtained in violation of an individual's Fourth Amendment protections cannot be used as evidence in court.

If you have been charged with a drug crime, contact an experienced criminal defense lawyer familiar with protecting the constitutional rights of those accused of a crime.

Article provided by The Wilbur Smith Law Firm
Visit us at http://www.wilburlaw.com

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