In today’s competitive business world, companies typically go to great lengths to protect their intellectual property. Ideas have tremendous monetary value, and many businesses require their employees to sign non-compete and non-disclosure agreements that prohibit them from stealing trade secrets or sharing insider information with competitors or in some cases anyone else. In fact, reports say that intellectual property can make up about 80 percent of a business’s value. When an employee violates a non-disclosure agreement, they can face a civil lawsuit, which can result in the employee … [Read more...]
Do Members of the Military Have the Same Rights as Civilians?
If you or a loved one serve in the military, it’s important to understand that servicemembers don’t have the same rights as civilians. While members of the armed forces have specific rights and legal protections, they are often quite different than those guaranteed under the U.S. Constitution and Bill of Rights. In certain respects, the military justice system would violate a person’s constitutional rights if the individual was a civilian. However, members of the military are treated differently under military law. In some cases, the legal rights of servicemembers are narrower than … [Read more...]
Report Says Facial Recognition Software Has a Racial Bias
The idea of facial recognition software may sound like something out of a futuristic movie, but police departments are already using it. The software is especially popular in China, where police departments around the country use facial recognition tech powered by artificial intelligence to do everything from displaying the faces of people caught jaywalking to predicting which individuals are likely to commit crimes in the future. In fact, China currently has the most advanced facial recognition capability in the world. According to one report, police in Guangzhou, a city northwest of Hong … [Read more...]
5 Surprising Facts About Crime
Many people believe that crime is on the rise, but is this really true? The news often features stories about violent crimes, which can make it seem like crime is increasing everywhere. However, statistics show that both violent crimes and property crimes are actually declining — and have been for many years. In fact, crime in general has been on the decline for more than two decades. Here’s a look at five important statistics about crime from Pew Research. Violent Crime Has Decreased for 25 Years The statistics behind violent crime reveal that the United States has become … [Read more...]
What Is the First Step Act?
Signed into law on December 21, 2018, the First Step Act aims to reduce the number of people incarcerated in the United States. Currently, there are about 2.2 million people in jails and prisons throughout the country. The First Step Act only applies to federal prisons, which hold around 181,000 people. Under the First Step Act, many people will be able to obtain an early release from prison. Additionally, the new law could also result in shorter sentences for individuals in the future. The Act represents one of the most significant changes in criminal justice reform over the past few … [Read more...]
Federal Drug Crime: Understanding the Recent Federal Sentencing Reforms in the First Step Act
As a federal criminal defense lawyer and former federal prosecutor, Attorney John Helms explains how the new criminal justice reform law, called the First Step Act, can benefit people charged with federal drug distribution and trafficking crimes. Many people accused of federal drug crimes and their families have been anxiously awaiting federal sentencing reform laws that might reduce the amount of prison time faced by defendants. On December 21, 2018, President Trump signed into law the First Step Act, which mostly involves prison reform, but also includes some sentencing reform … [Read more...]
Federal Drug Cases: Could You Be A Leader or Supervisor Of A Drug Trafficking Organization Without Knowing It?
As a former federal prosecutor and experienced federal criminal defense lawyer, Attorney John Helms explains the enhancement for being an organizer or leader in federal drug cases. In federal drug cases involving methamphetamine, cocaine, heroin, or any other illegal drug, a convicted defendant can get a longer sentence if the defendant is an “organizer or leader” or a “manager or supervisor” of a group of people. This is because, all other things being equal, those that are higher up in an organization should normally get a longer sentence than those who are lower in the group. In … [Read more...]
Is It a Crime to Send Drugs Through the Mail?
In an age where you can order just about anything online and have it shipped to your door within a couple of days, most people don’t think anything about sending various items through the mail. But what about medication? Is it ever okay to send your cousin some leftover antibiotics? What about some painkillers you don’t need anymore? If you live in a state where marijuana is legal, can you ship it to someone else in a different state? There are very serious consequences for sending certain substances through the mail, and people who break the law could face long-term consequences. If you … [Read more...]
Making a False Statement to Federal Agents
Just about everyone has heard the term “perjury,” which means lying under oath. In most cases, people picture someone telling a lie on the witness stand at a criminal trial. While that is undoubtedly a form of perjury, it’s also possible to run afoul of the law by lying to federal authorities during an investigation. In fact, making a false statement is a specific offense under federal law. The law makes it a crime to cover up evidence, make a fraudulent statement, or submit any kind of false writing or document with the knowledge that it’s fraudulent or untruthful. Any of these actions … [Read more...]
Criminal Trials: How Much Is Race A Factor In Jury Selection
I read with interest a recent opinion piece in the New York Times called, “Yes, Jury Selection Is As Racist As You Think. Now We Have Proof,” by Professor Ronald Wright of Wake Forest University Law School. The premise of the article is that African-Americans are removed from criminal jury panels at a greater rate than whites because they are more often the subject of “strikes,” also known as “peremptory challenges. These allow prosecutors and defense lawyers to “strike” potential jurors from being on the final jury for any reason except for race, gender, and other Constitutionally-protected … [Read more...]