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Publication • May 7, 2014
Filed under: Bail Bonds
Report on New Jersey Bail Bond Industry State of New Jersey Commission of Investigation INSIDE OUT Questionable and Abusive Practices in New Jersey’s Bail-Bond Industry May 2014 State of New Jersey Commission of Investigation INSIDE OUT Questionable and Abusive Practices in New Jersey’s Bail-Bond industry SCI 28 West State St. …
Brief • April 21, 2014
Adams v. Benton County Sheriff, AR, Settlement, Jail Debit Card Kickbacks, 2014 Case 5:13-cv-05074-PKH Document 43-1 Filed 04/24/14 Page 1 of 25 PageID #: 1362 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRANDON PHILPOTT, Individually and on behalf of those …
Brief • April 21, 2014
Filed under: Money/Property
Adams v Benton Sheriff, AR, Plf BIS Mtn Prel App of Settlement, debit card program, 2013 Case 5:13-cv-05074-PKH Document 43 Filed 04/24/14 Page 1 of 3 PageID #: 1359 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, ) PAM PHILPOTT, BRANDON PHILPOTT, ) …
Article • April 15, 2014 • from PLN April, 2014
Arkansas Suing Prisoners for Incarceration Costs by Arkansas officials are suing prisoners under the State Prison Inmate Care and Custody Reimbursement Act (Act), seeking reimbursement for the costs of their incarceration by obtaining court orders and seizing money from their prison trust accounts. For example, a state court entered an …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Appeals, Booking Fees
California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court by On April 22, 2013, the Supreme Court of California, resolving a conflict among lower state courts, held that a defendant who fails to contest a jail booking fee order when it is …
Article • April 15, 2014 • from PLN April, 2014
Update on Missouri Incarceration Reimbursement Act Case by Prison Legal News previously reported a decision by the Bankruptcy Appellate Panel for the Eighth Circuit, which held that a Missouri bankruptcy court was correct in concluding that state prison officials did not violate a discharge injunction by collecting money from a …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Restitution
Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution by Mark Wilson In May 2013, the Oregon Court of Appeals agreed that a trial court had committed plain error when it recommended that a defendant pay restitution in an amount to be determined by the Board of …
Brief • April 9, 2014
Filed under: Restitution
Davis County, UT, Standing Order, Pay to Stay Fees, 2014 IN THE SECOND DISTRICT COURT, DAVIS COUNTY STATE OF UTAH STANDING ORDER IN AND FOR ALL CRIMINAL CASES OVER WHICH JUDGE MICHAEL G. ALLPHIN PRESIDES RE: Stay on the Davis County Sheriffs Office's practice of taking funds from inmate accounts …
Publication • April 1, 2014
Healthcare Copay Report, 2013 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: April2014 Legislative Summary: On October 12,2000, the President signed into law the Federal Prisoner Health Care Copayment Actof2000 (P.L. 106-294; codified at Title 18 U.S.C. § 4048). The Act …
Article • March 15, 2014 • from PLN March, 2014
Texas Criminal Court Fees are a Tax on Poor Defendants by Matthew Clarke by Matt Clarke The Texas legislature has erected such a hodgepodge of criminal court fees that even the court administrators and clerks don’t know how to apply them. These fees, which are frequently not used for their …
Article • February 15, 2014 • from PLN February, 2014
Bankruptcy Injunction Covers Pre-petition Incarceration Costs, but Not Those that Accrue Afterwards by The Bankruptcy Appellate Panel for the Eighth Circuit held on February 5, 2013 that a Missouri bankruptcy court was correct in concluding prison officials did not violate a discharge injunction by collecting money from a prisoner’s account …
Article • February 15, 2014 • from PLN February, 2014
Possession of Rape Video Warrants Restitution; Victim Awarded Over $1 Million Thus Far; Supreme Court Grants Cert. by When she was a little girl, Amy’s uncle videotaped himself raping her, then shared the video with other pedophiles. Now in her 20s, Amy (a pseudonym) is seeking restitution from everyone who …
Article • February 15, 2014 • from PLN February, 2014
Restitution Not Owed for Arrest Costs, West Virginia Court Holds by Derek Gilna Petitioner Michael John McGill appealed his December 2010 state conviction for escape from home confinement while on bail and the sentencing judge’s order that he pay $8,261.56 in “restitution to the State for costs associated with apprehending …
Brief • January 28, 2014
Filed under: Booking Fees
Markadonatos v. Village Woolridge, IL, Opinion, Jail Booking Fees, 2014 In the United States Court of Appeals For the Seventh Circuit No. 12-2619 JERRY G. MARKADONATOS, Plaintiff-Appellant, v. VILLAGE OF WOODRIDGE, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 11-CV-7006 — …
Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction by A New Jersey man held in jail on charges of aggravated assault had his bail reduced from $500,000 to $15,000 after a beating by other prisoners left him confined to a wheelchair. Joshua A. Maldonado, 20, was …
Article • January 15, 2014 • from PLN January, 2014
Filed under: Money/Property, Bail Bonds
Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside by The Hawaii Supreme Court has held that incarceration constitutes good cause for failing to appear at an arraignment. As such, the trial court abused its discretion in refusing to set aside a bail forfeiture. Atmarama D. …
Article • December 15, 2013 • from PLN December, 2013
No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring by The Oklahoma Supreme Court has held that factual disputes about a guard’s alleged theft of a prisoner’s wedding ring precluded summary judgment in a lawsuit that has been pending for the past eight years. In November 2004, Oklahoma …
Article • November 15, 2013 • from PLN November, 2013
Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution by Derek Gilna Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to …
Article • November 15, 2013 • from PLN November, 2013
Debtors' Prisons Returning to America by David Reutter As the United States was becoming an independent nation with its own values and form of government, it discarded an archaic English system that drove the poor into greater poverty. When the U.S. ended the practice of debtors’ prisons in 1833, it …
Brief • November 11, 2013
Filed under: Money/Property
Adams v Benton Sheriff, AR, Plf BIS Mtn PSJ, debit card program, 2013 Case 5:13-cv-05074-PKH Document 33 Filed 11/11/13 Page 1 of 13 PageID #: 850 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION YVES EUGENE ADAMS, CESAR REYES, PAM PHILPOTT, BRANDON PHILPOTT Individually and on …
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