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Category: Criminal Law

Is Julian Castro Suggesting We Amend U.S. Law to Open the Borders?

Is Julian Castro Suggesting We Amend U.S. Law to Open the Borders?

As anyone who watched or heard snippets of the first Democratic presidential debate likely knows, candidate Julián Castro, former mayor of San Antonio, Texas, proposed a repeal of the portion of U.S. law (8 U.S.C. § 1325) that makes it a crime to cross the border into the U.S. without authorization. People found guilty of a violation under § 1325 can currently be fined up to $5,000 (under the terms of 18 U.S.C. Section 3571) and/or sentenced to a maximum…

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New Jersey Becomes the First State to Outlaw Drunk Droning

New Jersey Becomes the First State to Outlaw Drunk Droning

In recent years, the number of drones (also called “unmanned aircraft systems” (UAS) and “unmanned aerial vehicles” (UAV)) being sold in the United States has rapidly increased. Many industries now rely on drones, and more and more members of the public are using them recreationally. But while the utility and popularity of drones are unquestionable, their widespread use has created concerns about misuse and annoyance. In response to these concerns, lawmakers (at the federal, state, and local levels) have started…

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Top Ten Nolo Articles for 2017

Top Ten Nolo Articles for 2017

Happy New Year! And now, for a quick look back at what Nolo’s online readers were putting first on their reading lists last year. Anyone notice any themes? The ones that seem to stand out are money, money, more money, the inevitable inquiries following the Harvey Weinstein scandal, and food. Let’s take a closer look, starting at the top. Will I Get Penalized for Working While Collecting Social Security Retirement? Looks like a lot of people either can’t give up the…

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Georgia Supreme Court: DUI Suspects Have the Right to Refuse Breath Tests

Georgia Supreme Court: DUI Suspects Have the Right to Refuse Breath Tests

The United States Constitution provides everyone in the country with certain rights. States have their own constitutions, which can provide people in those jurisdictions with additional—or broader—rights. That dynamic is why, on October 16, Georgia became somewhat of an exception in the realm of DUI law. Right Against Self-Incrimination The Fifth Amendment to the U.S. Constitution provides a right against forced self-incrimination. So does Paragraph XVI of the Georgia Constitution. In Olevik v. State, the Georgia Supreme proved that it interprets…

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California’s New “Open Container” Law Applies to Driving With Marijuana in the Car

California’s New “Open Container” Law Applies to Driving With Marijuana in the Car

California has had medical marijuana since 1996. And in November 2016, California voters approved Proposition 64, which legalized recreational marijuana use in the state. (Read the specifics of California’s marijuana laws.) The result was a patchwork of laws that—while achieving the primary purposes—left the public with safety concerns and law enforcement with questions about enforcement. In an effort to address the public safety and enforcement issues, the Legislature passed S.B. 94 (the “Medicinal and Adult-Use Cannabis Regulation and Safety Act”). Governor…

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