https://theappeal.org/coronavirus-in-jails-and-prisons-61/ "Proving to judges that a prison has shown “deliberate indifference” to the medical needs of incarcerated people is typically a high bar—amid the COVID-19 pandemic, many lawsuits have tried and failed to make this claim. But in a ruling issued yesterday in a class-action lawsuit brought on behalf of men incarcerated in the Wallace Pack Unit, a geriatric prison outside of Houston, U.S. District Judge Keith Ellison found clear evidence that prison officials showed a reckless disregard for the people in their care." Read on. Semper Fi, Mc
Whether your sex offense gets expunged depends on several factors, such as the following, among others:
⚖ The statute of limitations
⚖ The reason the case was dismissed
PATRICKJMCLAIN.COM
Dallas Sex Crimes Lawyer | Law Office of Patrick J. McLain, PLLC
At the Law Office of Patrick J. McLain, we have a compassionate and committed defense team dedicated to helping our clients get their lives back.
PATRICKJMCLAIN.COM
Dallas Criminal Defense Attorney
The opinions Judge Barrett has written in cases brought by criminal defendants and prisoners since joining the U.S. Court of Appeals for the 7th Circuit in 2017 present a mixed picture. While she is often skeptical of the government's arguments when it tries to put or keep people in prison, she has sometimes rejected claims by defendants and prisoners that her colleagues found credible. Semper Fi, Mc
REASON.COM
SCOTUS Contender Amy Coney Barrett's Mixed Record in Criminal Cases
#TuesdayTruth - It is possible for an image or video to be considered “erotica” rather than “sexually explicit content,” as defined under federal law. If the content contains nudity but lacks the kind of sexual activity that is forbidden by law, it may be referred to as “erotica,” which does not necessarily include images of child pornography.
PATRICKJMCLAIN.COM
Dallas Sex Crimes Lawyer | Law Office of Patrick J. McLain, PLLC
You’ve been indicted and you know that you are innocent. Do you go to trial or do you take a plea? It’s a difficult decision and Preston Byrd, a real estate developer, was faced with this daunting dilemma back in 2015. Here is his story. Semper Fi, Mc
FORBES.COM
The Trial Penalty And The Case Against Preston Byrd
https://sentencing.typepad.com/sentencing_law_and_policy/2020/10/notable-efforts-to-take-on-the-trial-penalty.html There ought not to be a penalty for a citizen exercising her 7th Amendment right to trial by jury in a criminal case, if she is convicted, but that penalty does exist. Here is the research to back up that unfortunate conclusion. Semper Fi, Mc
The following are legally punishable sex crimes in Texas:
⚖ Sexual Assault
⚖ Aggravated Sexual Assault
⚖ Statutory Rape
PATRICKJMCLAIN.COM
Dallas Sex Crimes Lawyer | Law Office of Patrick J. McLain, PLLC
"Hill’s is one of 7,571 inmate deaths Reuters documented in an unprecedented examination of mortality in more than 500 U.S. jails from 2008 to 2019. Death rates have soared in those lockups, rising 35% over the decade ending last year. Casualties like Hill are typical: held on minor charges and dying without ever getting their day in court. At least two-thirds of the dead inmates identified by Reuters, 4,998 people, were never convicted of the charges on which they were being held." Read on. Reuters has done a great service in this article. Semper Fi, Mc
REUTERS.COM
Why 4,998 died in U.S. jails before their day in court
This new Army AWOL policy speaks to a bigger issue in our military, and our society as a whole. The presumption of innocence is at the heart of our justice system. For too long, from investigation to disposition of criminal charges, there remains a presumption of guilt. Semper Fi, Mc
ARMYTIMES.COM
New AWOL policy comes after macabre summer called attention to missing soldiers
Sex offense accusations are very serious and should not be taken lightly.
PATRICKJMCLAIN.COM
What Are The Penalties For Sex Crimes?
Your Sixth Amendment right to counsel is not free and unfettered when you are kept in jail, even as you are allegedly presumed to be innocent, unless proven guilty by legal and competent evidence in a court of law. Never never discuss your case if you are in jail, at least not over the phone - even with your attorney. Semper Fi, Mc
SOCIAL.TECHCRUNCH.COM
A prison video visitation service exposed private calls between inmates and their attorneys – TechCrunch
"The chow hall will be filled with 400 inmates: hungry, mentally ill and impatient. I used to work for an engineering firm, managing projects and designing plans. Now I work for the Department of Corrections. I once surveyed a plot of land for a future prison. Now I live in one. I want to see my family again. My brothers and sisters. My sons. It’s been six years since I’ve seen my boys, six years since I caught a burglary charge while stealing from my fiancée's family. Trying to support my habit. Six years since painkillers ruined me yet again and doing cocaine was more important than leading a normal life. More important than my integrity and self respect."
Read on. Semper Fi, Mc
THEMARSHALLPROJECT.ORG
A Pacifist's Plan to Survive the Violent World of Prison
USATODAY.COM
To our next president: 10 priorities for fixing our justice system
The Law Office of Patrick J. McLain represents clients who have been accused of or charged with serious state and federal crimes throughout the Dallas area.
PATRICKJMCLAIN.COM
Dallas Criminal Defense Lawyers
The DOJ considers child pornography charges to be very severe.
PATRICKJMCLAIN.COM
Can Child Pornography Charges be Successfully Fought?
#HappyHalloween! 🎃
Remember: Texas laws prevent convicted sex offenders from participating in Halloween festivities, and some Dallas-Fort Worth area cities add even more restrictions.
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Dallas Criminal Defense Lawyers
From this NPR piece: "What exactly did Abbie Welch put in her purse before she snuck out of a Walmart in Knoxville, Tenn.? The court ruling doesn't say. Nor does it matter. What matters is a piece of paper she'd previously received from Walmart banning her from the store. Prosecutors used it to argue she was trespassing when she shoplifted. Her crime, typically a misdemeanor, was elevated to a burglary. She became a felon with a six-year sentence."
NPR.ORG
When Shoplifting Is A Felony: Retailers Back Harsher Penalties For Store Theft
"The about $11.9 million to create a new Forensic Science Department will come from the $150 million that was cut from the APD budget as part of the city's fiscal year 2020-2021 budget approved last year. " Whatever the merits of the City of Austin budget for police functions, it is a very good move to separate a forensic lab from the prosecution and law enforcement offices. Forensics, if it is indeed science, should be impartial and not be beholden, or give even the appearance of bias, to one side or another in criminal justice matters. Semper Fi, Mc
FOX7AUSTIN.COM
Austin City Council to vote to separate forensics lab from APD
A scrupulous jurist holding a criminal defense attorney accountable, or a biased and imperious judge who fails to honor to role of an advocate, whether she agrees with his argument or not? A zealous advocate making an ethical argument against the improper conduct of a well-funded and powerful opponent, the federal government, or a ethically improper lawyer who accuses opposing counsel of misconduct without foundation? See this law.com story, and decide. Semper Fi, Mc
LAW.COM
DC's Chief Judge Just Ordered an Accused Rioter Detained—And Ripped His Defense Lawyer | National Law Journal
"Fasman embedded with a different police departments across the country to see how officers integrate technology into their day-to-day job. Newark, N.J., for instance, uses a program called Citizen Virtual Patrol, which allows at-home viewers to stream video from cameras placed around the city." Read on. Semper Fi, Mc
NPR.ORG
Surveillance And Local Police: How Technology Is Evolving Faster Than Regulation
"Lander was radicalized in that moment, he says. Not only did he start helping out with the murder case, eventually convincing the prosecutors’ own experts to admit that the DNA sample was flawed. He also kept teaching these two lawyers for years to come, turning them into the nation’s leading experts on how to use science to protect the wrongfully accused in court." Read on. Semper Fi, Mc
THEMARSHALLPROJECT.ORG
This Scientist Helped Free the Innocent Using DNA. Now Biden Wants Him in the Cabinet.
"Biden directed the Department of Justice to return to its posture from 2016 under then-President Barack Obama of phasing out private prison use by the federal government. Former President Donald Trump reversed Obama’s directive as soon as he was in office and appointed Jeff Sessions to lead the Justice Department. During his single term, Trump’s actions doubled private prison revenues, securing in 2019 alone almost $600 million in federal spending for the GEO Group, a for-profit corrections facility operator. By comparison, $260 million was spent on the GEO Group in 2014 under Obama, according to government funding tracker USAspending." Read on. Semper Fi, Mc "
COURTHOUSENEWS.COM
Biden Moves to End Federal Private Prisons as Part of Racial Equity Plan
This is just one example of how we have been able to help protect the rights and freedom of those in unprecedented situations.
https://bit.ly/3gHUHSY
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Case Results | Law Office of Patrick J. McLain, PLLC
