The loss of certain rights

Sometimes, an individual who is released from jail must complete a period of probation in order to complete his or her sentence. Cherry Hill criminal lawyers report that probation violations can result in heavy fines, extended probation, or time in jail.

During probation, the individual is held to a specific set of rules. The rules imposed on the individual are determined by the nature of his or her offense. For example, an individual convicted of a drug crime in New Jersey may be required to complete a urine test each week while he or she is on probation, which can be for a few years.

Examples of Probation Violations
When an individual is on probation, he or she is assigned a probation officer. The individual must meet the officer on a consistent, court-determined basis. The individual may also be required to appear in court or complete a rehabilitation or education program. Failure to comply with one or more of these requirements is known as a probation violation. Examples of probation violations include:

Failing to meet with a probation officer
Failing to appear in court
Being arrested for a new offense
Failing to attend a required rehabilitation program
Leaving the state or spending time with certain individuals without a probation officer’s permission.
What Happens if I Violate the Terms of My Probation?
The penalties you may face for a probation violation depend on the number of previous convictions on your record, the nature of your violation and previous conviction, and the presence of any circumstances that the court deems to be relevant to your case.

For a minor infraction, you will likely receive a warning from your probation officer. For a more serious offense, you may be asked to appear in court and be sentenced to a new or extended penalty. You might have to serve a brief amount of time in jail or you could be required to complete your sentence in jail. You could also be required to complete community service hours or be required to complete a rehabilitation program. Your lawyer can help you prepare for this hearing and develop a legal strategy to help you avoid jail and other severe penalties.

The Strictest Marijuana Laws

Some laws currently exist that have punishments in the extreme for the possession, distribution and consumption of this drug. Anyone caught with even small amounts may find harsh penalties like jail. Fines and programs for rehabilitation are often issued in conjunction with any periods behind bars.

Even as America is changing with societal expectations and opinions of how things should be, some political leaders push their own agenda that often is in direct opposition to the people residing in their states. Some punishments for the possession of this substance become harsher as these individuals in power attempt to protect those not using this drug. Many law enforcement agencies use those addicted to drugs as informants or to take down criminals of more importance. This often permits those with the drug of marijuana to go free after providing assistance or information. Various states have differing laws, but some have the same direction of harsh punishments for this substance as they do for harder drugs.

Law in Florida

As one of the toughest states on marijuana possession, it hosts the harshest penalties for this drug in the entire United States. For possessing one single ounce of this drug may result in up to five years in prison and a fine of $6,000. In contrast to these punishments, California has downgraded the possession of this substance to an infraction of lowered importance with no warrant, arrest or even any recording on the person’s criminal record.

Some laws have changed since 2008 when Governor Charlie Crist altered the charge for marijuana farming, packaging and distribution to a third-degree felony when owning a house with the knowledge it would be used in such a way. A part of one of these laws changed the amount needed to charge a person with a second-degree felony. Before the alteration, it required a person to grow 300 plants to incur this second-degree felony charge. After the stipulation was instituted, it only takes 25 of the same plants to be grown to issue the same charges in this state. Another change in 2010 in Florida caused it to be illegal for any selling of drug paraphernalia to include materials and containers that hold the substance of marijuana. This regulation also explains that no items used for this drug may be sold even when labeled for tobacco use. An exchange of taxes for revenue on smoking equipment and materials was initiated to make up for the cuts in the Drug Abuse Resistance Education program for citizens.

Cases of child abuse range from one side

For many years, children were not listened to and were believed to be telling fanciful tales no matter how grim they were. However, when the crimes of sexual and physical abuse became apparent with family and friends or friends of the family, governmental interference with these criminal actions became part of everyday laws. The evidence of these actions was all the proof needed for those in power to change how things were run.

Since the laws changed, agencies for the welfare and well-being of the young were created. Though each one does not necessarily work with another, they are available for assistance and counseling for children and those seeking children. This ranges from safe housing, health and dental insurance, food assistance and many other various programs. Some agencies were created to help place children into a home when their parents have died or are no longer capable of caring for them. Some agencies are initiated to stop child abuse from occurring or continuing inside a household. With these issues and programs, some myths have been started about child abuse that are perpetuated.

Some Child Abuse Myths Explained

Various stories have been passed down from parents to children or amongst children or parents that may be used to scare or warn others of what may happen if certain circumstances were occurring. Many of these stories are used to scare those that are abusing children into giving themselves up or, in some instances, into becoming more secretive of their actions. One myth that is used to protect the young is that only bad or immoral persons abuse their own children. Child abuse is said to only happen in bad families. Many pass around the story that most of all offenders are strangers to the family or child.

The facts support that not all abusers actually harm their own children or any children at all. In some instances, these individuals harm their spouses, co-workers and even strangers. Other persons that abuse people are often the victims of this very same abuse. Research and law enforcement shows that abuse may occur in any family no matter if they are considered good or bad. The crime of child abuse has been seen in all backgrounds of race, financial stability and culture. Many of these families look normal and standard to others, but the story inside the house is often different entirely. Any person that abuses another is usually someone the child knows. He or she may be part of the family, a friend of the family or a good friend of the youth. These abusers may even be someone of authority such as a teacher, coach, psychologist or others of similar careers.

Returns with Criminal Implications Website Provided by HG.org

Tax evasion is a crime that is committed when someone lies on their tax return or fails to file a tax return in order to avoid paying the taxes that he or she rightfully owes. The crime is complete when the tax return is filed, even if there is still time to amend it.

However, there are two general exceptions to the rule that the crime is complete once filed. The first exception is if the person filed the return before the normal due date. In order to avoid potential criminal culpability, the individual can file an amended return by the normal due date that does not contain fraudulent information. Another exception is if the superseding return removes the fraud because of an extension period that applies. In most cases in which a fraud charge is a possibility, these exceptions do not apply.

Different Approaches

Due to the exceptions most likely not applying, there are different approaches that people may take in this situation. Practitioners may advise against filing an amended return since doing so can basically prove the government’s case. Key elements of tax evasion include tax due and owed. By admitting to this crime by filing an amended return, the filing itself may be used as evidence against the criminal defendant.

One approach is to amend the tax return. This school of thought is premised on the possibility that an exception may exist through the voluntary disclosure program. This is a policy-based program that promises a taxpayer will not be prosecuted if he or she voluntarily discloses to the IRS his or her misconduct. This program encourages individuals to be honest with the system and seeks to receive the monies due to it. Without this type of program, the government would likely lose revenue since taxpayers would have no incentive to come forward and admit their misdeeds.

This train of thought is also supported by the idea that the government would be less likely to be able to prove its case. It is difficult to show that the defendant acted in a willful manner if the defendant later tried to correct a mistake.

Jury Determination

It is often up to the jury to determine whether the defendant acted in a willful manner. A jury may rule in favor of the notion that the defendant acted in a negligent manner rather than a willful manner if the defendant came forward to correct his or her return before being audited by the IRS. Even if the jury may believe that the defendant did act in a willful manner, it may still feel more compassion for a defendant that tried to do the right thing, even if it was late. While this second determination does not change the legal elements of the crime, the jury may still acquit based on jury nullification.

Qualifying for the Voluntary Disclosure Program

Before a defendant agrees to come forward about misinformation in a previous filing, he or she should know whether or not the defendant is eligible for the program. The first consideration is whether the report is made in a timely manner. The relevant point in time is whether the taxpayer informed the IRS of the information before the IRS gave notice of its intent to audit the taxpayer.

Another consideration is based on whether the defendant cooperated with authorities. This typically means that the taxpayer has made a good-faith effort to pay delinquent taxes, penalties and all interest. Even if these considerations weigh in favor of the defendant, he or she should be made aware that there are no guarantees because the voluntary disclosure policy is merely a policy and not an official law. There is no guarantee that there will be no prosecution. The IRS may find some fact or circumstance particularly compelling to refer the case to the Department of Justice, such as the notorious nature of the crime, the defendant being a public official or publicity surrounding the case.