What is Recidivism in Legal Terms?

What is Recidivism in Legal Terms?

What does Recidivism mean?

In legal contexts, recidivism refers to a person’s relapse into criminal behavior, often after having been previously convicted and penalized for similar or other crimes.

When someone re-offends, they are described as a “recidivist.” Recidivism is a critical metric for evaluating the effectiveness of the justice system, particularly in rehabilitation and deterrence efforts.

The rate of recidivism is often used to determine how often released individuals commit new crimes within a certain timeframe, such as within three or five years.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Recidivism can include a range of behaviors, from minor infractions to serious felonies, and it may be influenced by multiple factors. For instance, substance abuse, limited access to education, and lack of employment opportunities are often cited as contributing factors that increase the likelihood of recidivism. Conversely, interventions like vocational training, substance abuse programs, and stable housing have been associated with lower recidivism rates.

Recidivism data is essential for policymakers, who use it to evaluate the impact of sentencing practices, parole guidelines, and rehabilitation programs. A high recidivism rate might suggest that existing measures are insufficient to prevent re-offense, while a lower rate might indicate effective rehabilitation practices.

The legal system categorizes recidivism rates by different types of offenses. For example, studies show that property crime offenders may have higher rates of re-offense compared to violent crime offenders. This information helps tailor criminal justice reforms to address specific challenges posed by different types of crimes.

Here is a case example

Michigan COA Opinion – Mason

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

Michigan Laws

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Nuclear waste headed to southeast Michigan landfill

Nuclear waste headed to southeast Michigan landfill

What happened to the nuclear waste from the Manhattan Project? It’s coming to Michigan so New York can be a cleaner place.

August 2024, the U.S. Army Corps of Engineers is transporting nuclear waste from the Manhattan Project (Read it) to the Wayne Disposal facility in Belleville, Michigan near the PFAs river and the Van Buren Twp Park.

The waste consists of soil, concrete, and groundwater that are contaminated with low levels of radiation originating from the Niagara Falls Storage Site in Lewiston, New York, a location significant for its role in the development of the atomic bomb during World War II.

The waste is being relocated as part of a comprehensive remediation effort aimed at addressing decades of contamination that began in 1949 when the Army Corps discovered radioactive materials infiltrating the soil and groundwater.

Don’t worry that won’t happen here in Michigan.

Republic Services, a private waste management company owns the facility.

The transportation of waste will occur via 25 trucks weekly along public roads and highways beginning in August 2024 and will extend through January 2025.

The Wayne Disposal facility is the only landfill in Michigan licensed to accept hazardous and low-level radioactive waste. As usual we are told the waste complies with all local, state, and federal regulations and does not pose a significant risk to the public or the environment.

Also… The waste is exempt from federal radioactive material disposal requirements and contains concentrations that are lower than those permitted by its license. 

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Some residents and officials in Michigan have expressed opposition to the transport and disposal of the waste in their communities. Wayne County Executive Warren C. Evans says that Environmental Injustice in the area has led to higher rates of asthma, lung cancer, heart attacks, strokes, and other health issues, and that residents deserve better. Others, like LaSpada, say that

The Army Corps doesn’t notify communities along the route.

Wonder what MiChap thinks about it

Meanwhile Elsewhere in Michigan

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Komorn Law Case Victories

Komorn Law Case Victories

Just some of our victories

Another Case Dismissed

Another Case Dismissed

December 6, 2022 - Through the diligence and tenacity of trial attorney Michael Komorn and the team at Komorn Law. We are proud to announce -...

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Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

More…

6-30-18 United States v Neece – Federal Case Dismissed

MM cardholder Neece was charged with possession of a controlled substance, 36 CFR 261.53(e) for possessing three joints in his kayak.

The feds alleged his possession in a national forest in violation of the MMMA because someone was seen smoking a joint.

Defendant moved to dismiss under the rider to the Consolidated Appropriations Act (f/k/a Rohrabacher-Farr or Rohrabacher-Blumenauer).

The court dismissed the case, citing McIntosh.   The court held that strict compliance must be established to be dismissed.   Had the officers seen Neece smoking in public, in violation of the MMMA 333.26427(b)(3), the court would not have dismissed the case.

A big hearty congratulations to Michael Komorn and the Komorn Law team for this victory.   To the best of my knowledge, this is the first Michigan MM case to dismissed in federal court for violating the rider.

 

6-3-14 People vs V – Section 8 Dismissal

Client was charged with improper transport of marijuana in a vehicle. 750.474 but his medical marijuana card expired and and he needed a section 8 defense to remove this conviction from his record. Defendant would be immune from prosecution if he can prove prima facie evidence and a preponderance of evidence of medical use.

The court heard arguments and dismissed the charge of improperly transporting usable marijuana.  Court ruled that defendant was immune based on Section 8

Charges were dropped on 6-3-14

 

08-12-2013 People vs D

Marijuana Criminal Defense

Client charged with marijuana possession in Montrose MI. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.

The charge was dismissed.

 

2-24-2013 People vs N

Medical Marijuana patient charged with 3 counts of Delivery / Manufacture of Marijuana.

Prove defendant was immune from prosecution because of a medical marijuana defense.  333.7401(2)(d)(3) and MCL 333.26424, 333.26428.

Defendant hired Michael Komorn

The defendant was immune from prosecution and that the charges shall be dismissed without prejudice. The prosecutor and court dismissed all three charges on 2-24-2013

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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SCOTUS Decision Gives Starbucks a Win in Labor Dispute

SCOTUS Decision Gives Starbucks a Win in Labor Dispute

In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a favorable outcome in a significant labor dispute. The case centered around Starbucks Corporation v. Superior Court of Los Angeles County (Dana Zelman, et al.), a class action lawsuit involving California employees seeking compensation for off-the-clock work.

Background of the Case: The lawsuit was initially filed by former Starbucks employees who alleged that the company violated California labor laws by requiring them to perform certain tasks off-the-clock without compensation. These tasks included closing duties such as locking doors, setting the alarm, and completing paperwork after clocking out.

Legal Issues: The key legal issue revolved around whether these closing tasks constituted compensable work under the Fair Labor Standards Act (FLSA) and California labor laws. The plaintiffs argued that Starbucks’ policies and practices effectively required them to work off-the-clock, leading to unpaid wages.

Lower Court Proceedings: Initially, the Superior Court of Los Angeles County certified a class action lawsuit against Starbucks, allowing current and former employees to join together in seeking compensation for unpaid wages related to off-the-clock work. This decision was upheld by the California Court of Appeal.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

SCOTUS Decision: However, the case reached the Supreme Court of the United States, which ultimately ruled in favor of Starbucks. The SCOTUS decision focused on the interpretation of federal labor law and whether the tasks performed after clocking out were integral and indispensable to the employees’ principal activities.

The Supreme Court’s ruling emphasized the distinction between preliminary or postliminary activities and the core work duties for which employees are compensated. The justices found that the closing tasks at issue—such as securing the premises—were part of Starbucks’ overarching operations but did not constitute compensable work under federal law. The decision underscored the principle that only activities that are essential and directly related to an employee’s primary job responsibilities are subject to compensation.

Implications of the Decision: The SCOTUS decision has significant implications for labor law and class action lawsuits involving off-the-clock work. It reinforces employers’ arguments regarding the scope of compensable activities under federal law, potentially limiting the grounds on which employees can claim unpaid wages for tasks performed outside of regular working hours.

Conclusion: In conclusion, the recent SCOTUS decision in Starbucks v. Superior Court of Los Angeles County (Dana Zelman, et al.) delivered a win for Starbucks by clarifying the boundaries of compensable work under federal labor law. The ruling underscores the importance of distinguishing between integral job duties and peripheral tasks when assessing claims of off-the-clock work, setting a precedent that may influence future litigation and employer practices concerning wage and hour disputes in the United States.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Cannabis workers claimed employer violated labor laws

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Allegedly had to put on company-issued personal protective equipment (“PPE”) (such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes) before clocking in

Close to 1.2 milion settlement for 134 cannabis workers alleging wage violations under federal and state labor laws.

The law firm representing the plaintiffs filed a collective and class action lawsuit against the national employer, alleging violations of the Fair Labor Standards Act, state laws, and breach of employment contracts related to unpaid regular and overtime wages.

Read More Details Here at Michigan Lawyers Weekly

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Do Passengers in a Vehicle have 4th Amendment Rights?

Do Passengers in a Vehicle have 4th Amendment Rights?

Michigan Supreme Court Limits Police Ability to Search Passenger Property in Cars

Background

Mead was a passenger in a car and had just met the driver, who offered him a ride. When the police stopped the vehicle and ordered both the driver and Mead out, the driver consented to a search of the car.

The police officer searched the car, including Mead’s backpack left on the passenger seat, revealing methamphetamine, marijuana, pills, and a digital scale.

Mead’s possession of methamphetamine led to his arrest, followed by a motion to suppress the search which was ultimately denied. The court denied the motion, citing People v LaBelle, 478 Mich 891 (2007). Defendant was convicted and sentenced to serve 2 to 10 years in prison as a habitual offender, resulting in a 2 to 10-year prison sentence imposed by the judge.

The Case

Mead argued that the police did not have the right to search his backpack, highlighting the limited ability of a car passenger to challenge a vehicle search.

However, there may be specific circumstances where a passenger could potentially contest such a search.

To challenge a search, one must show a valid Fourth Amendment expectation of privacy in the area searched, recognized by society. Courts analyze all circumstances to determine the legitimacy of this expectation.

The Court found that Mead had a legitimate expectation of privacy regarding his backpack, as it was his own property that was being searched. This differs from a common scenario where a passenger may hide illicit items in a car they are traveling in.

In a unanimous opinion by Chief Justice MCCORMACK, in lieu of granting leave to appeal, the Supreme Court held:

A passenger’s personal property is not subsumed by the vehicle that carries it for Fourth Amendment purposes. Accordingly, People v LaBelle, 478 Mich 891 (2007), was overruled; in its place, the following standard applies: a person may challenge an alleged Fourth Amendment violation if that person can show under the totality of the circumstances that he or she had a legitimate expectation of privacy in the area searched and that his or her expectation of privacy was one that society is prepared to recognize as reasonable.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The Driver Gave Consent to the Search the Car?!?!

The driver voluntarily allowed the officer to search the vehicle. Consent grants the officer the authority to conduct a search without the need for a warrant.

The key difference lies in the driver lacking the authority to authorize the officer to search Mead’s backpack, as the backpack belonged to Mead.

Read the case and opinions here

 

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
LARRY GERALD MEAD, Defendant-Appellant.
Docket No. 156376.
Supreme Court of Michigan.

Argued on application for leave to appeal October 24, 2018.
Decided April 22, 2019.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

 

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

 

§ 11 Searches and seizures.

Sec. 11.

The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation.

The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

History: Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964 ;– Am. S.J.R. G, approved Nov. 3, 2020, Eff. Dec. 19, 2020
Constitutionality: The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (DC Mich 1969); People v Pennington, 383 Mich 611; 178 NW2d 460 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).
Former Constitution: See Const. 1908, Art. II, § 10.

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