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Crimes prosecuted in federal court often result in harsher sentences than what may be expected in the state judicial system. Much of this can be attributed to the fact that many federal laws have mandatory minimum sentences for certain crimes. But surprisingly, mandatory minimums often are not the biggest problems that defendants face. In other words, federal sentencing is not as straightforward as reading a statute to determine a prospective sentencing range. It is far more complex and nuanced.

The US Supreme Court's decision in United States v. Jones, No. 10-1259, has now been covered extensively in most major news outlets, and professional commentators have offered extremely helpful insight into the decision's future application.

An article that recently appeared in USA Today proclaims that "Consumers may remember 2011 as the year of the failed fee."

Last summer, we wrote about the Fourth Circuit’s move towards requiring a more individualized assessment of each criminal defendant when imposing punishment in federal court. The case, United States v. Simmons, focused on the interpretation of North Carolina’s structured sentencing system within the context of determining whether a federal defendant had a prior drug-related conviction that was “punishable by imprisonment for more than one year[.]”

In true hip hop form, Jay Z's 2004 hit, “99 Problems,” chronicles the famed rapper's refusal to give his consent during a roadside detention. Although Jay Z's account is entertaining, the story is one with which far too many motorists and criminal defense attorneys are familiar, particularly in the Eastern District of North Carolina.

Congress enacted the Fair Sentencing Act (FSA) on August 3, 2010. This historic and much overdue legislation was a major step towards addressing the disparity between crack and powder cocaine sentencing law. The new law increased the quantity thresholds that trigger mandatory minimum punishments for federal drug offenses involving crack. Now, the 5-year minimum is triggered by a quantity of 28 grams of crack (instead of 5 grams), and the 10-year mandatory minimum is triggered by a quantity of 280 grams of crack (instead of 50 grams).

A recent rally for homeowners' rights illuminates two issues related to foreclosures and related practices by banks.

In just the past few days, the U.S. Equal Employment Opportunity Commission (EEOC) has levied serious allegations against four major employers, including Walgreens and Goodyear Tire and Rubber Company, for unlawful disability discrimination.

In North Carolina, a criminal conviction may stay on a person’s record for his or her entire life, regardless of how long ago the offense occurred. The North Carolina General Assembly recently passed a law, N.C. Gen. Stat. § 15A-173.1 et seq., effective December 1, 2011, that may provide some relief to individuals who are haunted by past criminal convictions.

For the second time in August, the News and Observer is reporting that a squatter has been arrested for trespassing on foreclosed property in an attempt to live mortgage-free.

On June 28, 1894, Congress passed an act that officially recognized Labor Day as a national holiday that we celebrate on the first Monday of September. Originally a creation of the organized labor movement, Labor Day has become a tradition that offers an opportunity to reflect on the incredible contributions working people have made, and continue to make, to the United States.

Many employees are familiar with the Fair Labor Standards Act (the “Act”), which requires that an employee receive overtime pay if he or she works more than 40 hours in any workweek. An employer who violates the Act’s overtime provisions is liable to the employee or employees affected in the amount of their unpaid overtime compensation, and in an additional equal amount as liquidated damages.

The United States Court of Appeals for the Second Circuit recently ruled in US v. Rodriguez, 10-2724, that an inmate who knew that his telephone call was being recorded did not have a “reasonable expectation of confidentiality” when he relayed a message for his attorney through his sister. As a result, the communication, which concerned whether the inmate should plead guilty to felony drug charges, was deemed admissible at trial for the sole purpose of demonstrating the inmate’s “consciousness of guilt.”

Yesterday, the Fourth Circuit Court of Appeals issued an opinion that is incredibly significant for criminal defendants facing enhanced sentences in federal court. Under select federal criminal statutes, most notably laws concerning guns and drugs, defendants often face sentence enhancements that are triggered by their prior record. These enhancements can add several years, and in some cases decades, to a defendant’s sentence.

Durham County’s recent campaign against drinking and driving involves the redesign of an old patrol car. And by “redesign," we mean the front half of the car resembles a standard Durham Police vehicle and reads, “THIS RIDE = $1668 +” while the other half of the car resembles a taxi cab and reads, “THIS RIDE ABOUT $20.00”.

Governor Perdue recently signed a new bill into law, effective December 1, 2011, which allows for tougher punishment for people convicted of DWI who have three or more grossly aggravating factors in their case.

“Along Came Polly” tells the story of Reuben Feffer, a gilted, risk averse actuary (Ben Stiller) who falls in love with a free-spirited woman named Polly (Jennifer Anniston). During one of the movie’s funnier scenes, Feffer explains to Polly, “I know that I have a .013% chance of being hit by a car on my way home. Or a one in 46,000 chance of falling through a subway grate. So I try to manage that risk by avoiding danger and having a plan and knowing what my next move is.”

In just the past few months, the US Supreme Court has handed down several opinions that further erode everyday peoples’ access to justice. For example, in AT&T v. Concepcion, the Court held that companies can force consumers and employees to address their grievances one-at-a-time in costly arbitration proceedings instead of aggregating their claims and resources in a single class action lawsuit in federal court. Similarly, in the now-popular Wal-Mart v. Dukes case, the Court disbanded a class of 1.3 million women who sought to prove that Walmart collectively discriminated against them on the basis of gender.

The United States Supreme Court recently decided J.D.B. v. North Carolina, a case involving a 13-year old 7th grader in Chapel Hill. The police had originally questioned the boy, J.D.B., after he was found near the scene of recent break-ins. Five days later, he was removed from his classroom by a uniformed police officer and escorted to a closed-door conference room. The police and school administrators chose not to contact J.D.B.’s grandmother (legal guardian) before speaking with him.

The Wage and Hour Division (WHD) of the U.S. Department of Labor introduced its first smartphone app earlier this month, entitled DOL-Timesheet, which allows employees to monitor their regular work hours, overtime hours and break time. The app is free, and available in both Spanish and English. It currently is compatible with only the iPhone and iPod Touch, but the Labor Department is considering updates that would allow it to run on other platforms such as Android and Blackberry.