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Brief • March 9, 2018
Filed under: Bail, Bail Bonds
Mock v. Glynn, GA, PI, Bail, 2018 Case 2:18-cv-00025-LGW-RSB Document 6-1 Filed 03/09/18 Page 1 of 2 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION Margery Freida Mock and Eric Scott Ogden, Jr., individually and on behalf of those similarly situated^ Case No. (Class Action) Plaintiffs, …
Article • March 1, 2018
Forfeiture Funds Fancy Food for Officials by Edward Lyon by Edward B. Lyon Federal laws allow state and local police agencies to seize private property and keep it whether or not its rightful owner is charged with or convicted of a crime. States participating in the equitable sharing forfeiture program …
Article • February 22, 2018
Oregon Seizes $121,000 of Deceased Veteran’s Benefits by by Mark Wilson The Oregon Court of Appeals held that a deceased veteran’s benefits could be seized by the state as reimbursement of the costs of his care at the Oregon State Hospital (OSH). Deane Preston Cloud was a disabled veteran who …
Article • February 22, 2018
Report: Asset Forfeiture Distorts Police Priorities by Derek Gilna by Derek Gilna A new report published by the National Bureau of Economic Research (NBER) argues that drug-crime  asset forfeiture by law enforcement agencies, which it termed "police for profit," could have had unintended consequences beyond the well-documented abuses of the …
Article • February 16, 2018 • from CLN March, 2018
Civil Asset Forfeiture: Unfair, Unjust, Un-American by Christopher Zoukis by Christopher Zoukis Founding Father George Mason once said, “When the same man, or set of men, holds the sword and the purse, there is an end of liberty.” Mason, along with many other founders of the United States of America, …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Bail Bonds
New York Court of Appeals: Bail Bondsmen May Not Keep Premium If Defendant Not Released by New York Court of Appeals ruled that bail bondsmen may not retain the premium paid on a criminal defendant’s behalf when bail is denied and the defendant is not released from custody. In 2011, …
Article • February 16, 2018 • from CLN March, 2018
Filed under: Forfeiture
Ninth Circuit: Government Cannot Seize Cash Based Solely on Money’s Intended Use by Christopher Zoukis by Christopher Zoukis The Ninth Circuit Court of Appeals ruled that the Eighth Amendment to the U.S. Constitution prohibits the government from seizing cash intended for drug use unless some step was taken toward actually …
Bread for the World Institute - Mass Incarceration: A Major Cause of Hunger, 2018 BRIEFING PAPER NUMBER 35, FEBRUARY 2018 Mass Incarceration: A Major Cause of Hunger by Marlysa D. Gamblin Bread for the World Institute provides policy analysis on hunger and poverty, as well as strategies to end it. …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
Cryptocurrency Leveraged to Help People Make Bail by Derek Gilna by Derek Gilna "Money bail,” the process by which courts seek to guarantee a defendant’s appearance in court by forcing him or her to post money before release, has been under assault on several fronts. Prisoner rights advocates have proven …
Article • January 19, 2018 • from CLN February, 2018
Filed under: Bail, Bail Bonds
50 Alabama Cities Reform Bail Practices for Poor by David Reutter by David Reutter The prodding by human and civil rights organizations has finally compelled 50 Alabama cities to reform their money bail practices. The push is putting an end to poor suspects languishing in jail solely because they cannot …
Article • January 3, 2018
Filed under: Booking Fees
California Mugshot Extortion Fee Claims Survive Anti-SLAPP Dismissal by Mark Wilson by Mark Wilson The California Court of Appeals held that charging a fee to remove mugshot photographs from a company's website is not protected free speech activity. Accordingly, dismissal of claims against the company were not warranted under California's …
Article • January 3, 2018
Filed under: Bail Bonds, Immigration
Ninth Circuit: Non-Citizen Detainees Entitled to Automatic Bond Hearings by Mark Wilson The U.S. Court of Appeals for the Ninth Circuit upheld a permanent injunction requiring automatic bond hearings for non-citizens who are detained longer than six months under three immigration statutes. The Court also held that hearings must be …
Fines and Fees: Explained by Jessica Brand by Jessica Brand, In Justice Today In our Explainer series, Fair Punishment Project lawyers help unpackage some of the most complicated issues in the criminal justice system. We break down the problems behind the headlines — like bail, civil asset forfeiture, or the Brady …
Article • December 14, 2017
Filed under: Appeals, Bail Bonds
Second Circuit Certifies Question of Law in Bail Forfeiture Case to New York Court of Appeals by Lonnie Burton by Lonnie Burton On November 15, 2016, the U.S. Court of Appeals for the Second Circuit asked the New York Court of Appeals to resolve a question of New York law …
Article • December 13, 2017
Third Circuit Questions Bail System While Upholding Dismissal of Lawsuit Alleging Malicious Prosecution by On September 1, 2016, the United States Court of AppeaIs for the Third Circuit affirmed a District Court's order dismissing the lawsuit filed by a man who was jailed for nearly a year on misdemeanor theft …
Article • December 12, 2017
Filed under: Bail, Bail Bonds
Efforts to End “Scourge of Money Bail” Meeting with Success by David Reutter By David M. Reutter The initiative by Equal Justice Under Law to end the incarceration pending trial of persons too poor to post bail is reaping positive outcomes.  Each day, there are about 500,00 human beings who …
Article • December 11, 2017
Congress Exempts from Taxation Awards to Wrongfully Convicted by Derek Gilna by Derek Gilna Congress has passed the wrongful Conviction Tax Act of 2015 with votes from both sides of the aisle, exempting the damage awarded granted the wrongfully convicted from federal tax liability.   According to the Innocence Project, a …
State Bar of Texas Legal Services to the Poor in Criminal Matters Committee: Review of the Operations of State Counsel for Offenders, 2017 Review of the Operations of State Counsel for Offenders Report by the State Bar of Texas Legal Services to the Poor in Criminal Matters Committee1 Approved for …
Article • November 30, 2017
Michigan Court Forced to End “Pay or Stay” Policy by David Reutter by David Reutter A Michigan state district court judge was ordered to end a “pay or stay” policy that he used to toss poor defendants in jail for their inability to pay fines, fees and court costs. The …
Article • November 16, 2017 • from CLN December, 2017
Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional by Mark Wilson by Mark Wilson The Missouri Supreme Court sitting en banc ruled that a sentencing court improperly revoked a defendant’s probation for failing to pay court costs without first inquiring into the reasons for his failure …
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