Probation

News & Analysis as of

Ninth Circuit Addresses Probationers’ Cell Phone Searches by Police

The centrality of cell phones to our daily lives, and the wide array of sensitive information those phones may carry, creates a complex and ever-evolving series of issues over the amount of privacy we can expect to be...more

A first for Alberta – Employer sentenced to corporate probation and community service for violating the Occupational Health and...

In a unique decision, an Alberta employer, Needoba Construction Ltd., which pleaded guilty to the general charge of failing to ensure, as far as it is reasonably practicable to do so, the health and safety of a worker, has...more

Coalition of Lawyers and Civil Rights Groups Brings Down Corporate Bad Guy in Alabama

Wonderful news today in Alabama – private probation company Judicial Correction Services (JCS) is high-tailing it out of the State after several years of being repeatedly sued over its mistreatment of low income people who...more

From A Spark To A Flame

Amazing news here in Alabama this week, as the Southern Poverty Law Center announced that 54 towns across the State are ending their contracts with private probation company Judicial Correction Services. Those who have...more

Medical Marijuana Authorized for All Probationers #Marijuana-Attorney

In a case of first impression, Division 2 of the Arizona Court of Appeals recently decided that a person on probation could use medical marijuana so long as that use was compliant with the guidelines established by the...more

The Burden of Corporate Probation May Follow an Antitrust Conviction

The Antitrust Division of the Department of Justice (the “Division”) has announced a major policy shift. When a company has been convicted for a criminal antitrust offense, the Division may seek to impose the significant...more

Second Circuit Reverses Probation Sentence in Unique Case

On July 9, 2014, the U.S. Court of Appeals for the Second Circuit issued a significant sentencing decision in United States v. Park. In doing so, the appellate court handed the United States a rare, albeit hollow sentencing...more

Can Prosecutors Prohibit Legal Medication? #CriminalDefense

Whenever an individual is placed on supervised felony probation, his or her probation terms are always set out in writing. Although the wording varies slightly from county to county, without fail, there is always a specific...more

New York Court Of Appeal Rules: Laboratory Suable For False Positive Test Results

Last Thursday, the New York Court of Appeals ruled in a 4-3 decision that a man may bring a negligence claim against a drug testing company for a false positive drug test. At the time of the disputed test results, Eric...more

BB&K Police Bulletin: Probation Search - “Search Terms” Allow Officers to Search Any Area Under Probationer’s Joint Control

Overview: A California appellate court recently ruled that a peace officer could search any part of a residence over which a probationer with “search terms” as a condition of probation had joint control or access. ...more

OVDP or 50% FBAR Willfulness Penalty; It is Your Choice

The Criminal Tax Division of the U.S. Dept of Justice (DOJ)is taking the position that when a taxpayer has “willfully” failed to file a Report of Foreign Bank or Financial Account, an FBAR, and has in addition filed false...more

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