Sentences with phrase «previously convicted»

According to the filing, the state is seeking the death penalty because it believes it «can prove beyond a reasonable doubt» that Nikolas Cruz, 19, was previously convicted of a capital felony, he knowingly created great risk of death to many persons, capital felony was committed during a burglary, capital felony was especially heinous or cruel and the capital felony was a homicide «committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification.»

The court may require the minor to attend a DADAP course approved by TDLR if convicted of or placed on deferred adjudication (if the minor has not been previously convicted of an offense).

Legalize and Regulate Marijuana WHEREAS, despite almost a century of prohibition, millions of Canadians today regularly consume marijuana and other cannabis products; WHEREAS the failed prohibition of marijuana has exhausted countless billions of dollars spent on ineffective or incomplete enforcement and has resulted in unnecessarily dangerous and expensive congestion in our judicial system; WHEREAS various marijuana decriminalization or legalization policy prescriptions have been recommended by the 1969 - 72 Commission of Enquiry into the Non-Medical Use of Drugs, the 2002 Canadian Senate Special Committee on Illegal Drugs, and the 2002 House of Commons Special Committee on the Non-Medical Use of Drugs; WHEREAS the legal status quo for the criminal regulation of marijuana continues to endanger Canadians by generating significant resources for gang - related violent criminal activity and weapons smuggling — a reality which could be very easily confronted by the regulation and legitimization of Canada's marijuana industry; BE IT RESOLVED that a new Liberal government will legalize marijuana and ensure the regulation and taxation of its production, distribution, and use, while enacting strict penalties for illegal trafficking, illegal importation and exportation, and impaired driving; BE IT FURTHER RESOLVED that a new Liberal government will invest significant resources in prevention and education programs designed to promote awareness of the health risks and consequences of marijuana use and dependency, especially amongst youth; BE IT FURTHER RESOLVED that a new Liberal government will extend amnesty to all Canadians previously convicted of simple and minimal marijuana possession, and ensure the elimination of all criminal records related thereto; BE IT FURTHER RESOLVED that a new Liberal government will work with the provinces and local governments of Canada on a coordinated regulatory approach to marijuana which maintains significant federal responsibility for marijuana control while respecting provincial health jurisdiction and particular regional concerns and practices.

There have been several programs looking at exoneration of people previously convicted of crimes.

In order to be eligible for a conditional discharge expungement, you must have not been previously convicted of any other drug offense or enrolled in a diversionary program (N.J.S. 36A - 1).

The only way to avoid this penalty is to obtain relief from one or more of the courts where you were previously convicted or to win your third offense in Tinton Falls.

The only target of a DCP sentence is the previously convicted terrorist — someone for whom a death penalty has already been determined appropriate by a court of law at the conclusion of a fair trial and the expiry of all appeals.

Other three co-perpetrators previously convicted of murder in separate trials, accused convicted only of manslaughter; Sentence; armed robbery

The client had been previously convicted of an impaired driving offence and was also on a probation at the time.

The Law requires that employers weigh the following factors to determine if a criminal conviction has a direct relationship to the job or presents an unreasonable risk: the public policy of New York State to encourage employment of persons previously convicted of one or more criminal offenses

Stefan Eriksson, Executive Director at Gizmondo Europe, was previously convicted to five years in prison in 1993 for planning to distribute counterfeit money.

Rhode Island bans participation by anyone previously convicted of animal cruelty as a result of being in a rodeo.

Owners or attendants who have been previously convicted of or plead guilty to the restraint ordinance or similar state law shall not utilize this system except at the discretion of the Animal Control Manager.

Although drivers previously convicted of driving under the influence are frequently forced to utilize a breathalyzer tied to a car's ignition, DADSS is looking to develop a device that is seamlessly streamlined into the vehicle's design 8 to 10 years in the future — although it would not be a mandatory safety feature.

The Chautauqua County Sheriff's Office said Ashville resident Ryan L. Arnone, 32, was pulled over for a traffic violation on Baker Street in the Town of Busti at 6:20 a.m. Deputies determined that he was intoxicated and charged him with a felony DWI because Arnone had been previously convicted for DWI within the past 10 years, the Sheriff's Office said.

In a separate trial, Melgen was previously convicted of fraud for improperly billing over $ 100 million in medicare insurance payments.

Also, «for those defendants previously convicted and who have failed to satisfy the financial obligations imposed at sentencing, we will consider federal civil forfeiture actions against their pensions to satisfy criminal judgments,» the prosecutor said.

The charges include allegations that Kruger, Brooklyn Assemblyman William Boyland and previously convicted Queens Assemblyman Anthony Seminerio — who died in prison in January — received bribes and other largesse to help two competing health - care companies buy hospitals, and direct state funds to those firms.

The defendant was previously convicted of DWI on August 25, 2009.

In the case of the Sutherland Springs church mass shooting in Texas last November, the U.S. Air Force acknowledged it should have provided information to the FBI that the shooter was previously convicted by a general court - martial for domestic assault.

Mr Storey was previously convicted of grooming girls aged 10 to 16 and encouraging them to perform sexual acts via social media in 2014.

But it also proposes an amnesty for people previously convicted of simple possession — a sure sign that the goal of the original proposal was to increase freedom, not further limit it.

A man who was previously convicted of stalking Sandra Bullock died on Wednesday after engaging in a hours - long standoff with police.

The pair was previously convicted for the murder of Knox's British roommate in Italy, but an appeals court acquitted them.

He also requested documents and communications related to Kushner's contacts with Russians; all classified information that Flynn and Kushner have had access to since December 2016; any information on whether President Donald Trump or other White House officials granted access to classified information to individuals under law enforcement investigation or had been previously convicted of a crime; and their policies related to such individuals.

Not exact matches

To comply with Rule 506 (c) you will also need to get a representation from the crowdfunding portal that none of their executives, officers, directors, partners or shareholders are «bad actors» — essentially, that they have not been convicted of a felony or otherwise been sanctioned previously by the SEC.

The ridesharing service is accused of having brought on drivers who have previously been convicted of murder and sex crimes.

Criminal Undocumented Immigrants Sentencing Guidelines — Vote Passed (257 - 167, 9 Not Voting) The House passed legislation that would establish specific possible fines and prison sentences for undocumented immigrants convicted of certain criminal offenses and who illegally return to the United States despite having been previously deported or otherwise excluded from the country.

We saw success statewide when voters approved a constitutional amendment to strip elected officials convicted of felonies of their taxpayer funded pensions, a measure previously approved by both the Senate and Assembly.

Previously, the state required anyone convicted of a felony and certain misdemeanors to give up their firearms.

He has previously been convicted of soliciting a prostitute, and the woman serving as treasurer for Shirley Patterson, the Independence Party's candidate, took out an order of protection against him eight years ago.

Just last month, the party easily won a special election in the state's conservative Southern Tier, which had previously been held by Thomas W. Libous, the second - ranking Senate Republican until he was convicted in July of lying to the Federal Bureau of Investigation.

Peralta was elected to the Senate last year in a special election for the seat previously occupied by Hiram Monserrate, who was expelled from the body after being convicted of misdemeanor assault for slashing his girlfriend, Karla Giraldo, in the face with a glass.

The person accused of the above mentioned crime in Seattle was found to have previously been convicted for assault in Washington in 1997 and battery in Idaho in 2009.

The 13th (Opening Night, previously announced) Directed by Ava DuVernay USA, 2016 World Premiere The title of Ava DuVernay's extraordinary and galvanizing documentary refers to the 13th Amendment to the Constitution, which reads «Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.»

... except for «all idiots, imbeciles, feeble - minded persons, epileptics, insane persons; persons who have had one or more attacks of insanity at any time previously; persons of constitutional psychopathic inferiority; persons with chronic alcoholism; paupers; professional beggars; vagrants; persons afflicted with tuberculosis in any form or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such physical defect being of a nature which may affect the ability of such alien to earn a living; persons who have been convicted of or admit having committed a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who practice polygamy or believe in or advocate the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States.»

It was also discovered that the breeder had previously been convicted of 47 counts of animal cruelty.

... It's unclear whether [Cogill] previously posted other copyrighted songs but he apparently hasn't previously been convicted, so his exposure appears to be five years of jail time at most.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, and accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against conviction dismissed — Although trial judge did not address analytical steps in order, he properly analyzed evidence and concluded that injuries sustained by victim were not accidental and could not have occurred in any other fashion than as stated by victim — Having provided reasons for accepting victim's evidence, trial judge was entitled to reject accused's evidence — Trial judge's reasoning, though skeletal, permitted accused and appellate court to determine how and why finding resulted.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed — Appeal against sentence was allowed — Trial judge erred in concluding that discharge was not appropriate in circumstances, especially given conclusion that accused did not deliberately attempt to injure victim — Trial judge found that there was no need for either specific deterrence or general deterrence; prime concern was need for denunciation of her conduct — Section 730 of Criminal Code permits discharge in cases of this nature, provided that it was in best interest of accused and not contrary to public interest — Accused was responsible individual with no record whatsoever, she held position as counsellor and social worker for 25 years — Trial judge did not find that conviction would definitely affect her employment, but possibility existed, and such conviction would necessarily result in criminal record — There was no likelihood of re-offending — Conditional discharge would not be contrary to public interest.

Accused went to cottage of JC with whom she previously cohabited — Accused found JC with victim, another lady, in sauna — Angry words were exchanged between accused and JC — Victim testified that accused pushed her following verbal exchange, as a result victim lost balance and ended up against stove, thereby sustaining serious burns to body — Trial judge accepted victim's evidence that there was some kind of pushing — Accused convicted on one count of assault causing bodily harm, and sentenced to two - year term of probation and $ 1,000.00 fine, accused was also ordered to provide DNA sample pursuant to s. 487.04 of Criminal Code — Accused appealed against order to provide DNA sample — Appeal allowed — Order was issued to destroy DNA sample that was taken — Trial judge erred in failing to exercise discretion not to order DNA sample — Accused was first time offender, in circumstances that resulted in serious injuries, but with no intention of causing those injuries — Accused had otherwise been exemplary citizen, and likelihood of re-offending was remote.

We previously discussed the case of Dr. Smith, the pathologist whose errors have wrongfully convicted many.

Whether the charge is a Class B or Class A misdemeanor can depend on factors such as blood alcohol content or whether the arrested person has previously been convicted of a DWI.

[159] This list supports the position that «subsequent order» is meant to deal with cases where the respondent has previously been «convicted», administratively speaking, of the same contravention.

(ii) The presumption of dangerousness in respect to an offender convicted previously of a specified offence is removed.

(c) An offense under this section is a Class A misdemeanor, except that the offense is a state jail felony if the actor has previously been convicted under this section.

Much higher fines should now be expected against individuals who have previously been convicted under the OHSA, especially if the circumstances of a previous offence substantially mirror the subsequent offence.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

(b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section:

Scott was unaware that Valentine had previously been convicted of securities fraud.