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Federal and State Criminal Defense
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California Doctors Must Check Patient Database Before Prescribing Most Drugs

Speaking of new rules, we’ve written about this before, and if you work in healthcare then you already know. As of October 2, doctors and other healthcare providers must check a statewide database before prescribing any Schedule II-IV drug. It’s called CURES: the Controlled Substance Utilization Review and Evaluation System. It’s a prescription-drug monitoring program to curb Read More

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New California Criminal Laws: Part Quatre

Here’s our fourth and final installment of notable new laws. Employers can’t ask about or investigate a conviction that’s been sealed or dismissed unless it’s specific to the job you applied for. This is Senate Bill 1412. Generally speaking, California employers can’t ask about or run checks for convictions that have been sealed, dismissed, or expunged. One Read More

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New California Criminal Laws: Part Trois

For our third installment of notable new laws, here are two concerning juvenile justice. We’re gonna prosecute fewer kids as adults. This is Senate Bill 1391. It amends the Welfare and Institutions Code to eliminate the prosecution of 14- and 15-year-olds as adults. Going forward, these cases must always remain in the juvenile system. Before, Read More

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New California Criminal Laws: Part Deux

Here are three more new laws for this week. The public has greater access to police personnel files. This is Senate Bill 1421. It declares that the public has an important interest in law-enforcement transparency because it is essential to having a just and democratic society. It then amends the Penal Code to confer more access Read More

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New California Criminal Laws: Part One

Let’s get to it. We’ve already covered the big new bail law, which won’t go into effect until October 1. Here are three new laws effective January 1, 2019. Drunk driving will catch you an ignition-interlock device on your car. This is Senate Bill 1046. It amends the Vehicle Code to require most anyone who’s convicted of Read More

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The Federal First Step Act of 2018

Here’s more meat on the bones of the new sentencing law from last week. Earning credit toward early release. You can earn 10-15 days of credit for every thirty that you participate in certain programs. These may include work programs, academic classes, vocational training, trauma counseling, substance-abuse treatment, faith-based services, and family-building and parenting. The credits Read More

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On the Friday Before Christmas …

When all through the House, not a creature was stirring, not even a mouse: Congress enacted a major change to federal sentencing law. It’s called the First Step Act, and you may have heard about it. Here’s a press release on it from the National Association of Criminal Defense Lawyers. What does it do? About ten things. Read More

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USDOJ Revisits Its Approach to Corporate Cases

On November 29, the Justice Department announced changes to its policy toward corporate prosecutions. These changes pivot from the ones announced three years ago that emphasized the prosecution of people, not just organizations. Among other things, they had required an organization that sought to cooperate with the government to identify all individuals involved before it would receive any Read More

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New Federal Rules Proposed About Sexual Harassment on Campus

On Thursday, the U.S. Department of Education proposed new rules on the handling of sexual-harassment complaints on school campuses that receive federal funding. The regulations aim to address when a school violates Title IX, a federal law against sex discrimination, based on the way it responds (or doesn’t respond) to such complaints. There is a Read More

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If At First You Don’t Succeed?

Last week, a federal court heard the appeal of Monica Los Rios, the woman who claims NBA star Derrick Rose and two friends gang-raped her in 2013. She never called the police but filed a civil case against him two years later, asking for over $21 million in damages. And she took her case all Read More

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