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Federal court programs aim to keep defendants out of prison
Headline Legal News | 2015/10/19 15:30
Angelique Chacon had emotionally girded herself to spend six years behind bars for selling methamphetamine when her attorney gave her a way out — a new rehabilitation program in U.S. District Court in Los Angeles that might allow her to avoid prison.

Chacon, 31, a former methamphetamine user herself, accepted the pre-trial offer, got a part-time job, took classes at a technical school and graduated from the rehab program last year with a sentence of probation instead of prison.

"I'm a totally different person," she said. "I'm sober. I'm more involved with my family. I'm really there mentally."

Chacon is among hundreds of federal defendants accused of low-level crimes such as smuggling or selling small amounts of drugs who have avoided prison time in recent years with the help of court programs that focus on rehabilitation. Many of the programs offer counseling and treatment for addictions.

About a dozen federal district courts across the country have so-called pre-trial diversion programs — most launched within the past five years. The federal court system in California also has such a program in San Diego and is getting ready to launch another in San Francisco.

"The trend has really taken off," said Mark Sherman, an assistant director with the Federal Judicial Center, the research and education agency of the federal judiciary. "There's a hunger in our system to engage in meaningful criminal justice work, and this is one way of doing it."

Many of the programs function like state drug courts, where defendants with substance abuse problems receive treatment and counseling. Still others focus on young defendants with no requirement that they have drug addictions. Regardless, judges, prosecutors and pre-trial service officers say the goals are the same: To help people overcome obstacles that contributed to their crimes and save money by keeping them out of prison.



Court records: Ohio man on electronic monitor raped teen
Headline Legal News | 2015/10/18 00:43
While an Ohio man was on electronic monitoring in an abduction case, he had a 14-year-old girl dropped off at his home by taxi, held her captive for months and raped her, according to criminal charges and court records.
 
Cody Lee Jackson, 20, fled the state without the girl after pleading guilty this summer in the abduction case to a charge of interference with custody; charges of abduction and kidnapping were dismissed, state court records show.

He was arrested last week in Utah when he tried to run away after giving a fake name to drug task force officers conducting a routine stop at a bus station, according to Salt Lake City jail documents. He is to be brought back to Ohio for sentencing on the interference conviction and to face numerous federal and state charges stemming from his alleged crimes while on electronic monitoring.

Court records don't list an attorney for Jackson.

State court officials didn't provide further details Thursday on monitoring Jackson earlier this year. Triffon Callos, a spokesman for the Hamilton County prosecutor's office, confirmed the state charges against Jackson and his guilty plea but referred calls about the monitoring system to the county sheriff's electronic monitoring division.

Sheriff's spokesman Michael Robison Thursday confirmed that Jackson wore the monitoring device from January 22 until July 31 this year.



Thousands turn up at court to support Catalan leader
Topics in Legal News | 2015/10/17 00:43
Thousands waving Catalan independence flags rallied Thursday in support of regional acting President Artur Mas who was being questioned at a Barcelona court for holding a symbolic referendum on secession from Spain.
   
Some 400 pro-independence mayors and independence party leaders joined Mas and his government councilors as he walked parade-style to the court building, cheered on by some 5,000 supporters. Chants of "Independence! Independence!" and "This court does not represent us!" rang out as Mas stopped to salute the crowd at the building's steps.

Speaking later, Mas said he accepted full responsibility for last year's referendum and accused the central Spanish government in Madrid of turning what he considered a democratic process into a criminal one.

Mas is under investigation for grave disobedience, abuse of public funds, prevarication, usurping powers and obstructing justice. If tried and found guilty, he could face disqualification from office or up to one year in jail. Two associates are also under investigation.

The probe was opened after Catalonia went ahead with the Nov. 9, 2014 referendum, defying a ruling by Spain's Constitutional Court. In the mock poll, less than half of those eligible took part, with some 80 percent voting in favor of breaking away from Spain.



Court again considers fate of seized gold coins worth $80M
Court Watch | 2015/10/15 00:43
A federal appeals court is again considering the fate of 10 rare gold coins possibly worth $80 million or more that the government says were illegally taken from a Philadelphia mint and wound up in a jeweler's hands.

A lawyer for jeweler Israel Switt's heirs told the 3rd Circuit Court of Appeals on Wednesday that authorities erred by seizing the coins without filing a required civil forfeiture action.

A jury found the seizure legal because the coins hadn't been circulated and must therefore have been stolen, but a three-judge appellate court reversed that decision in April. Federal prosecutors then asked for Wednesday's hearing before the full appeals court.

They say returning the rare $20 Double Eagles to Joan Langbord and her two sons would reward the family of a thief.



Court reinstates lawsuit over NYPD surveillance of Muslims
Opinions | 2015/10/14 00:43
A federal appeals court has reinstated a lawsuit challenging the New York Police Department's surveillance of Muslim groups following the Sept. 11, 2001, terrorist attacks.

Tuesday's 3rd Circuit Court of Appeals ruling reverses the decision of a New Jersey federal judge who dismissed the case last year.

The appellate panel found the Muslim plaintiffs had raised sufficient allegations of equal-protection violations to warrant the case going forward.

The judges compared the NYPD's alleged practices to blanket scrutiny of Japanese-Americans during World War II and blacks during the civil rights movement

The city blamed The Associated Press, whose reporting exposed the surveillance program, for any harm to the plaintiffs.

The lower court judge agreed with that argument, but the appeals panel said the city was the cause of any harm.


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