Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I have a question about case citations addressing a criminal…

Customer Question
I have a question about...
I have a question about case citations addressing a criminal court's deference to administrative agency rulings. The hypothetical arises when an administrative agency action instantly re-defines an ongoing activity as a crime. The crime results in an arrest and charges well before there is any opportunity for administrative review of the propriety of the agency action.
Can you conceive of a motion in limine that would allow review of the agency action under a lax "arbitrary and capricious" standard and permit the use of this as an affirmative defense in a criminal trial? If so, does the jury get to decide a mixed question of law and fact? What is the standard for a criminal jury to apply if deciding if an agency action is "arbitrary and capricious"?
I'm not an attorney and have had no legal training but I read quite a bit.
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 45 minutes by:
3/5/2016
Lawyer: Gerald, Esq, Lawyer replied 2 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,462
Experience: Over 30 years of experience
Verified

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I am afraid that there is a defect in your hypothetical. An administrative agency lacks the authority to classify an activity as criminal. Only the legislative body (Congress at the federal level, and the General Assembly at the State level) has the authority to classify conduct as criminal.

Administrative Agencies are creations of the legislative branch but fall under the enforcement arm of the Executive Branch. While an agency can promulgate a regulation for the purpose of implementing their enabling statute ( the law that created the agency) such regulations can not exceed the agencies statutory or Constitutional limitations.

An attempt by an agency to criminalize conduct would be invalid and unconstitutional. You would never get to the 'arbitrary and capricious" standard because the attempt would be ultra vires. The review of the agency action would not be by jury, because the authority of the agency is strictly a question of law and Constitutional authority.

If faced with such a rogue action by an agency the remedy would be to seek an injunction against the agency.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,462
5,462 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Someone, please answer these questions. a. Is the process of
Someone, please answer these questions.a. Is the process of weighing the evidence = to a Standard of review? b. Please provide several examples of the following:The appellate court HAS THE DUTY TO WEI… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,412 satisfied customers
Want to do an apeal. CT. Prepare summons and complaint want
prepare summons and complaint want to file now to reach court … read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
Flying from LAX to newark then Portland Maine to orange
Flying from LAX to newark then Portland Maine to orange county. can one bring marijuana? its in a electronic smoking pen.… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I need court cases which challenged the Administrative
I need court cases which challenged the Administrative Discretionary authority of the IRS. I need a court case which ordered the IRS to collect taxes. This deals with the IRS Whistleblower Program und… read more
socrateaser
socrateaser
1,031 satisfied customers
Ok based on the above senario, the Appeals judge Crane
ok based on the above senario, the Appeals judge Crane McClennen, had the case for about a year and his final decision, which was a non decision was "i will not substiture my opinion for the board of … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
CONSTITUTIONAL LAW question (connecting the dots to a
CONSTITUTIONAL LAW question (connecting the dots to a government regulation):Department of Planning (San Francisco) REQUIRES that the immediate neighborhood around a construction site work permit requ… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
it just doesn't end the corruption in Arizona. Arizona board
it just doesn't end the corruption in Arizona. Arizona board of nursing I have a nursing board case, it does not involve any patient or work. the hospital in Yuma Arizona owns their own housing . I st… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I have a case which arises under the Individuals with Disabilities
I have a case which arises under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (“IDEA”), and corresponding California laws and rules. Plaintiffs-Appellants, bring this acti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
i have a situation with the city of Dania beach wanting my
i have a situation with the city of Dania beach wanting my ryobi printing press that is built in Japan to be UL certified. this is impossible to do being its foreign and we live in the united states. … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
what is the name of a legal case where semen would have been
what is the name of a legal case where semen would have been used as evidence in closing the case… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
Hello. Ive spent 22 months exposing criminal corruption in
Hello. I've spent 22 months exposing criminal corruption in our Napa Condo HOA. I have assembled, digitized 20 years of evidence - of criminal fraud, kickbacks and extortion, covering 20 years - to me… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
in new york state i was denied a licence by a agency in new
in new york state i was denied a licence by a agency in new york city because in there opion there was a direct relationship between a violation i recieved and the licence i'm trying to get. this viol… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
i see. So essentially it is possible for a school to do its
i see. So essentially it is possible for a school to do its damage and then walk away without worry becuase I will not apply for a residency position for another 1 or so. There are direct damages becu… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,658 satisfied customers
After attending a workshop with Meridian Training Institute,
After attending a workshop with Meridian Training Institute, I bought their package to sell things on ebay and have them develope websites to sell products online, I feel that I have been scammed. Can… read more
Ray
Ray
Lawyer
Doctoral Degree
33,823 satisfied customers
1. The Fifth and Fourteenth Amendments to the Constitution
1. The Fifth and Fourteenth Amendments to the Constitution require that one may not be deprived of life, liberty or property without due process. (a) Define and discuss due process of the law; (b) In … read more
andrewgrossman
andrewgrossman
Doctoral Degree
27 satisfied customers
Do IL DCFS Procedures have the Force of Law? I.e. in judicial
Do IL DCFS Procedures have the Force of Law? I.e. in judicial review do the violations of procedures present questions of law for the reviewing court?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
does an indcitment in a federal tax case take the place of
does an indcitment in a federal tax case take the place of oath or affirmation requirment of the 4th amendment, in order to actually arrest and detain the target or does the prosecutor and/or arrestin… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
I am an Emergency Room nurse. I remember a time around ten ...
I am an Emergency Room nurse. I remember a time around ten years ago when nurses in Washinton State were told that they had to report domestic violence to the police, whether the woman wanted to repor… read more
D. Coleman
D. Coleman
Solicitor
Bachelor\u0027s Degree
795 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x