Government Using Malware to Invade Privacy
Anyone who uses a computer or smartphone on a regular basis is concerned about the threat of hackers using viruses or malware to access your personal information. Through cleverly crafted codes, hackers can get into our webcams, steal files from […]
Law Enforcement Urges Congress to Pass Sentencing Reform
In the latest update on the momentum of sentencing reform legislation in Congress, an encouraging development! Former Attorney General Michael Mukasey, who served under President George W. Bush, wrote a notable op-ed published by The Hill. In the headline, he […]
Where is Congress on Sentencing Reform?
With all the news and progress surrounding federal sentencing reforms, including major Supreme Court decisions and draft legislation, prison sentencing reform should not be far behind. However, as prison reform advocates and family members wait for Congress to act, the […]
Sentencing Reform and Welch v. United States
As we noted before, prison sentencing reform is a major topic among lawmakers across the political spectrum. After years of families and advocates pushing for changes to mandatory minimum sentencing, public opinion is shifting towards a more measured approach. Instead of […]
Armed Career Criminal Act (ACCA) and Career Offenders
In the peak of the “get tough on crime” years, the Comprehensive Crime Control Act of 1984 was signed into law by President Ronald Reagan. This was the biggest overhaul of the criminal code in decades. One provision included the […]
Virginia legislature votes not to suspend licenses for marijuana offenses
Harris & Carmichael, PLLC provided testimony to the Senate Courts of Justice Committee in support of pending legislation that affects whether defendants facing marijuana charges will have their driver’s licenses suspended. After a committee vote on February 3, the bill was […]
Juvenile Life Without Parole Unconstitutional Decision is Retroactive!
Yesterday in Montgomery v. Louisiana, the Supreme Court ruled that the prior Miller decision making life without parole (“LWOP”) sentences unconstitutional for juvenile defendants is retroactive. The import of this? All inmates who were sentenced as juveniles to life sentences, with no possibility […]
Federal Hate Crime Charges in Sexual Orientation Assault
A Virginia man may be the first in the state to be prosecuted under federal hate crime charges for an assault based on the victim’s perceived sexual orientation. Virginia’s state laws do not provide a basis for hate-crime prosecution related […]
Officers Cannot Lie about Whether They Have a Warrant – Fourth Circuit
Have you ever wondered whether officers are allowed to lie in order to gain entry into your home? It is already well-established that they are allowed to lie in order to convince defendants to confess to a crime. However, an […]
Can the Government Search Your Email Without a Warrant?
Many of us are familiar enough with the constitutional protections that prevent the police from walking into your house and going through your things without a warrant. Given these protections from warrantless searches, it may be surprising to learn that […]