Misdemeanors

News & Analysis as of

Another Jury Acquits in One of the First Few Prosecutions of Health Care Executives Following DOJ’s Yates Memo

Last month, we reported on a Massachusetts federal court jury’s decision to acquit the former CEO of Warner Chilcott in one of the first prosecutions of a health care executive following the Department of Justice’s (“DOJ”)...more

The Supreme Court - June 2016 #7

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

NC Legislative Update - May 2016 #2

Last Week - The week predominantly focused on the developing budget in the House. The bill filing deadline for budget bills and bills from study committees was last Tuesday. As a result of this deadline, numerous bills...more

Fiduciaries And Beneficiaries Should Be Aware Of Criminal Statutes

There are several criminal statutes that implicate fiduciary activities in Texas that are not well-known: misappropriation of fiduciary property and financial exploitation of the elderly. Though these may be similar in some...more

Can I Be Criminally Prosecuted for Violating Federal Safety and Health Regulations?

Earlier this month, a federal jury in West Virginia found Don Blankenship, former Chairman and CEO of the Massey Energy Company, guilty of a misdemeanor charge of conspiring to willfully violate safety and health standards...more

Distracted Driving and the Liability of Remote Texters

It’s common sense that driving while distracted is a dangerous combination. From sending text messages to talking on a cell phone, distracted driving caused by the use of cell phones and tablets is responsible for thousands...more

Open Carry? Or Not?

Police Chief Steroid McMuscles reported that Colt Glockenhand who entered Wally-Mart with a shotgun was not charged with “engaging in the lawful open carry of a pump-action shotgun” – a violation of the Cut and Shoot town...more

Status Updates: CA’s anti-revenge-porn law scrapped; civil rights claim against blogging prosecutor dismissed; Match buys...

There oughta be a law? As we’ve reported previously, states all around the country have enacted laws that criminalize the posting of revenge porn—nude photographs published without the subject’s consent, often by an ex-lover...more

The difference a day can make: States devise their own remedies for criminal immigration reform

While the three branches of federal government fire off salvos on immigration reform, states are finding ways to tackle challenges to the federal criminal immigration landscape....more

Prop 47: $950 Difference Between Felony & Misdemeanor

California's Proposition 47 raises interesting questions in terms of how much certain crimes will cost law-abiding citizens, vs. how much those crimes financially burden our prison system. If approved by voters, some crimes...more

BB&K Police Bulletin: Gang Members Who Carry Loaded Firearms Can Be Charged With A Felony

“Felonious Criminal Conduct” Under California’s Gang Enhancement Statutes Elevates Misdemeanor Offense to a Felony - Overview: The California Supreme Court has ruled that possession of a firearm by a felon constituted...more

Court Recovery of Unremitted Employee Wage Withholdings

Existing law makes it a crime for an employer to willfully, or with the intent to defraud, fail to remit agreed-upon payments to health and welfare funds, pension funds or vacation plans, or other various benefit plans. The...more

For the First Time, U.S. Extends MBTA Enforcement to Renewables

On November 22, 2013, the Department of Justice announced its first prosecution of a wind farm operation for violations of the Migratory Bird Treaty Act (MBTA), a criminal statute governing take of over 1000 species of birds....more

BB&K Police Bulletin: Qualified Immunity: Warrantless Entry in Hot Pursuit of Misdemeanant Not "Plainly Incompetent"

Overview: The U.S. Supreme Court recently reversed a Ninth Circuit decision denying qualified immunity to a California police officer in hot pursuit of a suspected misdemeanant. The suspect had entered an enclosed front yard...more

Sixth Circuit Affirms That Michigan’s Panhandling Statute Is Unconstitutional

Since nearly the beginning of the Herbert Hoover administration in 1929, a Michigan law has made it a criminal misdemeanor for any person "found begging in a public place." MCL 750.167(1)(h). Enforcing this law, the Grand...more

Phoenix Now Prohibits Employers from Discriminating on the Basis of Sexual Orientation, Gender Identity or Expression, and...

After more than five hours of heated debate and public discourse, the Phoenix City Council amended the Phoenix City Code on February 26, 2013 to ban discrimination in employment on the basis of “sexual orientation,” “gender...more

“Multiple Misdemeanor” Disqualifiers for “Deferred Action” Status

Soon after announcing the launch of a “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House and the Department of Homeland...more

“Significant Misdemeanor” Disqualifiers for “Deferred Action” Status

Soon after announcing the launch of a “deferred action” program to suspend immigration enforcement actions against qualifying individuals who came to the U.S. as children, the White House and the Department of Homeland...more

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