public marks

PUBLIC MARKS from bhartzer with tag law

2011

Law Firm Successful in Appealing Medicaid Medicare Fraud Cas

Should the loss amount be based on the amounts billed to Medicare/Medicaid or should the loss amounts be based on the quot;capped amounts quot; paid by Medicare/Medicaid?

Pretrial Preparation of Sexual Assault of a Child Cases

We received a call the other day from a potential client. Her son was charged with aggravated sexual assault of a child. The woman spoke at length about the child’s credibility problems and the possible motivations that child might have to make false accusations against her son. Her son faced life in prison if convicted. Nevertheless, from th

2010

Feds Make Changes to Crack Cocaine Laws

President Obama recently signed legislation reducing, but not eliminating, the disparate ways in which federal criminal law penalizes those involved with crack cocaine and those involved with powder cocaine. This becomes the second small step in an attempt to eliminate the unjust fashion in which the federal drug laws distinguish between crack coc

What is Next for Rod Blagojevich?

After 14 days of deliberations the jurors were unable to reach a verdict on all but one count in Governor Blagojevich’s trial. So the question on everyone’s mind who is following this case is what is likely to happen next. Before I attempt to answer that questions I want to recap a little history.

Why be Proactive If You Are Under Criminal Investigation

Clients often wait to retain us until they are actually indicted. Many times, however, had the client come to us when they first became aware they were under criminal investigation they might have avoided indictment all together or, at least, been in a better position to defend themselves once they were indicted.

Criminal Lawyer Explains Defending Child Pornography Case

Federal prosecutors are prosecuting child pornography offenses at an astounding rate both here in the Northern District of Texas and throughout the country. Here is a direct explanation from a criminal attorney how he defended someone up against child pornography charges.

Crazy Law: Dont rob a bank while wearing a mask in Delaware

Wearing a disguise during the commission of a felony; class E felony.

Why You Should be Proactive If You Are Under Criminal Investigation

Just as it is important to see a medical doctor before it is too late, it is important to be proactive about a criminal investigation. Here is why you need to be proactive if you are under criminal investigation.

2009

How to Choose a Lawyer

If you are charged with a criminal offense, there are several considerations before you can select an attorney who is truly committed to giving you the best representation possible. Here is how to choose a lawyer.

Record Verdict Awarded in Sexual Harassment Case

A jury in Queens, N.Y., awarded a record $15 million to a nurse who endured several years of unwanted sex talk, propositions and groping by a doctor that escalated to two sexual assaults against her in 2001. This is the largest sexual harassment judgment ever awarded to an individual in a New York state court.

2008

Why Do Death Penalty Cases Take So Long? - The Law and Legal Issues - Zimbio

I recently entered a post about getting a life sentence for a client in January 2008, who had committed a murder in 1990, and was originally sentenced to death in 1993. A question I often hear is why do death penalty cases take so long to resolve? I thought I would explain the process.

Is Execution by Lethal Injection Painful?

This month the Supreme Court heard arguments with respect to execution by lethal injection constitutes cruel and unusual punishment. A criminal defense lawyer discusses the subject of lethal injection.

Retroactive Crack Cocaine Amendment - Sentencing Guidelines Changed

Effective November 1, 2007, the United States Sentencing Guidelines eliminated the long-disapproved sentencing disparity between convictions based on crimes involving crack-cocaine and powder-cocaine.

2007

Recent Supreme Court Landmark Federal Sentencing Law Developments

On December 10th the Supreme Court decided two companion cases that essentially hold that the Federal Sentencing guidelines really are just guidelines. In other words, the sentencing court, after giving them consideration, is free to disregard them and impose the sentence the court thinks is appropriate in a given case. To understand the significance of this development, here is a brief overview of the history of the sentencing guidelines.