Forfeiture Arguement

Mr. Pratt received a maximum of seven year youth sentence. With six months credit for time already served, he received 3 ½ tears of secure custody and three of community supervision. He was prohibited from having any

Defendant shell enters and successfully complete family therapy program, at his own expense as directed by the probation officer.

In the spirit of being more and doing more, I would like to request a review of my probation terms. I would like to inquire about the possibility of an early release from probation or possible movement to bench probation. The request is motivated by my business schedule.

She argues on appeal that she was eligible for the first offender treatment. OCGA § 42-8-66 (a) sets forth two categories of individuals who may seek a petition in superior court for exoneration of guilt and discharge. Paragraph (a) (2) applies to individuals who were sentenced between March 18, 1968 and October 31, 1982. She argues that she wasn’t informed and should have

Even though civil forfeiture is a practice that happens all around the United States, it is a system that many say the police are able to abuse for their own profit. There have been numerous cases where many individuals have been locked in legal battles with the United States government trying to prove that their assets are indeed innocent and not involved with any crimes. Many feel that the civil forfeiture is a form of “policing for profit” especially since many of the assets are used under the Equitable Sharing Program. (Crawford) police can stop motorists, possibly under the pretext of a minor traffic infraction, and "analyze" the intentions of motorists by assessing nervousness, and request permission to search the vehicle without a warrant,

On 7-24-2017, Terry Dewayne Cupp was given Probation as part of a Plea Agreement with the District Attorney’s Office. Cupp made an appointment for rules. The appointment was set for 8-15-2017. He did not report for his appointment. A Probation Violation Warrant was issued on 11-1-2017. A Probation Revocation Hearing was held on 1-9-2018. Cupp was sanctioned to 45 days in the Cullman County Detention Center and his probation extended one year.

In pursuit of the war on drugs, changes had been made to the nature of law enforcement and prosecution. Law enforcement have now been more empower with these new policies seem to have diminish civilians rights, such policies gave law enforcement power to violate third and fourth amendment. “Using general warrants, British soldiers were allowed to enter private homes, confiscate what they found, and often keep the bounty for themselves. The policy was reminiscent of today’s civil asset forfeiture laws.”(Balko, R, 2013) The civil asset forfeiture statute is an asset seizure of possessions that are alleged proceeds from criminal activity. Criminal activity over the decades had developed and more organized. Criminals would get their mandatory minimum sentence and the crime enterprise would just continue, but legislators’ passed a statute to dismantle entire criminal organizations and it’s known as Racketeer Influenced Corrupt Organizations or R.I.C.O. Passed in 1970 it was used in the prosecution of Sicilian mafia in New York city. Instead of prosecuting criminals individually such as solders and capo, it was effective in shutting down entire criminal organizations. R.I.C.O statute appeared to be effective on the war on drugs. The combination of the two policies provided incentives to battle the war on drug. Assets were disseminated among various law enforcement departments, putting more officers on the streets, obtaining newer police vehicles and countless equipment for law

The rise of civil asset forfeiture has proved to be one of the most valuable tools in seizing profits from drug cartels and white-collar criminals while helping to reimburse victims of fraud. In essence, there does not seem to be much wrong with the idea of civil asset forfeiture; it is a legal tool which allows law enforcement officials to seize property that is believed to have been involved in certain criminal activity. This property can then be used to pay for technologies which help law enforcement agencies combat further illegal activities. However, civil forfeiture all too often targets the homes, cars, financial assets, and other belongings of innocent people who never committed or are charged with a crime.

In your grievance filed at Buckley Unit, you claim you requested an Inmate Wells 187589 be added to your Do Not House With list and COIII Jones refused your request. Your resolution is to have your disciplinary ticket removed from your record and transfer you to Rast Unit.

One offender was non-compliant with the terms of their parole. They had not been showing up to whatever treatment they were supposed to receive, so they were called in (542-544). The offender claims there was some kind of mix up with the dates of the appointments that were set and that it was the office’s fault for not changing them. This offender was released under supervision, but the Judge threatened to revoke their parole if they continued to not keep up with the treatment. She explained that ultimately it was up to the offender to make sure appointments were changed and that everyone that needed to be notified was made aware.

In your grievance filed at Red Rock, you claim staff confiscated photos from your incoming mail. You further assert, Department Order 914 does not prohibit photos of the female anatomy from a medical perspective. Your resolution is to receive and possess the photos.

This year (2015) civil forfeiture laws have come under scrutiny in the state of Oklahoma. These laws are what enable law enforcement to confiscate money and property without the need to charge first with a crime. State senator Kyle Loveless aims to revise the forfeiture laws so that criminal charges become a requirement before any seizing takes place. A measure which the Department of Justice (a federal executive branch) has already taken. Currently authorities can seize assets under simple suspicion of criminal involvement and any unchallenged funds are solely directed to aid law enforcement objectives. It is this loose end in the system where senator Loveless points out the corruption committed by authorities utilizing said funds

Claim: The United States Government should reform the Civil Forfeiture law because citizens need to feel protected in their own country.

Concerning Civil asset forfeiture and if it is something that is a relevant tool in order to fight crime, its something that has been known to be extremely controversial to say the least. First to define what forfeiture is and what are the purposes behind it; basically it is where local, federal, or state law enforcement will end up seizing property in the event where they feel there is considerable amount of suspicion that is connected to a crime that law enforcement feels they are guilty regardless of whether they have been convicted of the crime said law enforcement feels they are guilty of.

The rights forfeiture theory is rather self-evident when applied to mala in se crimes because the ‘wrongful harm’ is very clear; however, Wellman elaborates that mala prohibita offences are more convoluted because the crimes do not necessarily harm another individual directly (80). To reinforce his assertion, Wellman compares two cases of rape. In one instance, a thirty-year-old rapist forces a victim of the same age “to have sex at gunpoint” (80). In an alternative case, another individual, also thirty years old has consensual sex with an individual under the age of eighteen, meaning the offence is statutory rape (80). Wellman explains that the first case of rape “poses no special problems for the rights forfeiture theory” since the individual undoubtedly violated another individual’s rights (80). However, in the case of statutory rape the conclusion is rather