If you or a loved one faces criminal charges, the first objective, obviously, is to attempt to secure a “not guilty” verdict. This is not, however, the only objective. Even after a “not guilty” verdict is out of reach, it is still important to have counsel on your side to ensure that the sentence the court hands down is not unjustly long. This was the case for a man accused of burglary and theft crimes, who successfully appealed a trial court’s decision to impose a statutory enhancement to his sentence. In Florida, the statutes allow the state to impose sentence “enhancements” on certain defendants, which means that the courts may impose sentences that, without the enhancement factors, would be inappropriately long. One type of sentencing enhancement is “Prison Releasee Reoffender.” Defendants sentenced as PRRs receive longer sentences and must serve 100% of their sentences. In the case of one southwest Florida man,…
Statutory Requirements and Criminal Sentencing Enhancements in Florida
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Arsonist whose lawyer’s pants caught on fire jailed
A Miami arson case that attracted far-reaching media interest after a bizarre incident in court where the defense attorney’s pants caught fire has ended with the arsonist being sentenced to serve 364 days in jail. Little was known about the case outside the Miami courtroom until the lawyer’s pants burst into flames. The defendant Claudy Charles accepted a plea deal which will include five years of probation. The fire fiasco had led to the suspected Photo Credit: Miami Herald being granted a fresh trial after he had been convicted in March. He decided to take the plea deal in the new trial. The attorney was also stood down from the case. The fire incident is still under investigation with investigators trying to figure out whether it was planned to sway the opinion of the jury or it was just an incredible coincidence that it occurred as he tried to convince the jury that his client’s vehicle had caught fire accidentally. A hitherto low-profile case in…
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Sobol on Criminal Justice Debt Abuses
Neil L. Sobol (Texas A&M University School of Law) has posted Fighting Fines & Fees: Borrowing from Consumer Law to Combat Criminal Justice Debt Abuses (88 University of Colorado Law Review 841 (2017)) on SSRN. Here is the abstract: Although...
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Australia working on a novel travel ban for certain sex offenders ... to keep them in the country
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"Era of Mass Expansion: Why State Officials Should Fight Jail Growth"
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How To Address A Judge
If you’ve never been in court before, your first court appearance can be overwhelming. When you’re thrown into new surroundings and under high amounts of stress, it can be helpful to have what is required of you spelled out very clearly and simply so that you can successfully manage this difficult time in your life. One common question we receive from clients who are new to court proceedings is “How do I address the judge?” In order to give you one less thing to worry about, and to give you better chances at being received favorably in court, we’ve come up with some answers to how to address a judge. Terms of Address It is a good idea to speak to the courtroom staff to ascertain what the particular judge who will be hearing your case prefers to be called. Some judges are more formal, while others are very lax concerning the traditional forms of address. When this is impossible, then simply revert…
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Lyman on Race and the Death Penalty
Tim Lyman (Northeastern University, Institute for Security and Public Policy at the School of Criminology and Criminal Justice) has posted Race and the Death Penalty in Louisiana: An Actuarial Analysis on SSRN. Here is the abstract: This analysis of race...
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Second Circuit affirms convictions and LWOP sentence for Silk Road creator Ross Ulbricht
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Media Advisory - "100 Deadliest Days of Driving" and "Toward Zero Deaths" event, Friday June 2, 3-5 p.m. - Idaho State Police HQ in Meridian
Media Advisory Contact: Timothy Marsano, Public Information Officer, Idaho State Police 700 S. Stratford Dr. Meridian, ID 83642 208.884.7122 tim.marsano@isp.idaho.gov "100 Deadliest Days of Driving" and "Toward Zero Deaths" event, Friday June 2 from 3-5 p.m., Idaho State Police HQ in Meridian Idaho has now entered the "100 Deadliest Days of Driving," the period between Memorial Day and Labor Day each year. In 2016, 85 people died on Idaho's roadways during that timeframe and hundreds more were injured. Local and State law enforcement agencies are teaming up to educate Idahoans on the best ways to arrive alive at your destination. Idaho law enforcement agencies want to remind drivers of the simple things that can save your life and the lives of your loved ones. In coordination with the Idaho Transportation Department, we are working toward zero traffic deaths. - Buckle up - it's the best defense if you're in a crash - …
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Charged with a First Offense OUI in Massachusetts?
MA is tough on OUI. But if this is your first offense, there are multiple defenses and alternative sentencing options that may be available to you. A first offense conviction of OUI in MA can carry a penalty of up to two-and-a-half years in jail, a one-year license suspension, and a fine of up to $5,000. However, this is rarely the outcome. With the help of a skilled Boston OUI defense attorney, you can dramatically improve your chances of a reduced or dismissed charge. As with most criminal offenses, penalties for OUI take into account prior criminal history, and the severity of your crime. For example, if you were arrested for OUI while driving a child under the age of 14, you may also face child endangerment charges. But in most cases, a first-offense OUI without aggravating circumstances will not land you behind bars. Did You Refuse the Breath Test? In MA, if you refused a breath test at the time of your arrest, you will face an automatic license suspension of 180 days. On…
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Charged with Leaving the Scene of an Auto Accident in MA?
Also known as “hit and run,” leaving the scene of a motor vehicle accident is a criminal offense. A hit and run doesn’t have to involve injuries, but penalties are likely to be much more severe if someone is injured. Although it’s never a good idea to leave the scene of an accident, people are prone to use poor judgement in the heat of the moment. Unfortunately, fleeing the scene can elevate potential penalties from strictly financial to criminal. Fortunately, multiple defenses are available to protect the rights of individuals charged with this offense. Potential Defenses to a Hit and Run Charge Leaving the scene of the accident is a crime, but things aren’t always what they seem. Maybe you didn’t even realize you had hit another vehicle. The following scenarios are common challenges against hit and run charges. Continue reading
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Highlighting notable state efforts to enhance minority participation in marijuana industry
This new AP article, headlined "Growing pot industry offers breaks to entice minorities," reviews some efforts in some jurisdictions to help some minorities participating in the emerging marijuana industry. Here are excerpts: Oakland and other cities and states with legal pot are trying to make up for the toll marijuana...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/JE09vSIa21Q" height="1" width="1" alt=""/>
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Head of Veterans Affairs acknowledges marijuana may be "helpful" to veterans
This notable new article from The Hill reports on notable new comments by the head of the federal Veterans Affairs department. The piece is headlined "VA chief: Medical marijuana could help vets," and here are excerpts: Veterans Affairs Secretary David Shulkin said Wednesday he's open to expanding the use of...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/MbH9mYLt6Eo" height="1" width="1" alt=""/>
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Why Hire A Lawyer?
Do you really need to hire a lawyer, or can you represent yourself in a legal matter? Although you may be tempted to save some money by representing yourself in court, hiring an attorney is by far the better option, and can save you even more trouble and expense in the long run. Why You Should Hire An Attorney Here is our list of five reasons hiring an attorney is a good plan: i Law Is Complicated Lawyers don’t spend 3-4 years in graduate school for nothing. The law is incredibly complex, and legal proceedings are meticulous and drawn out and require a clear mind with experience to be able to come out the other side successfully. While you may know a lot about your particular case, and have the advice of many non-legal experts, an experienced attorney is a must for understanding the ins and outs of your particular case. j Legal…
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The Consequences of Domestic Violence in Texas
The consequences of domestic violence in Texas are frequently severe. According to Stop Abusive Violence Environments (SAVE), one in 10 people is falsely accused of sexual assault, domestic violence, or child abuse. Thousands of men and women are accused of domestic violence crimes each year. Texas Penal Code § 22.01 and § 22.02 describe the crime of domestic assault and aggravated domestic assault. Texas Penal Code § 25.11 details the crime of Continuous Violence Against the Family. Contact a criminal defense attorney immediately if you’ve been charged with domestic violence in Texas. Have you or someone you know been charged with domestic violence or assault in Texas? The Law Office of Brett A. Podolsky can help. Our legal experience will provide the best defense possible for your case. Call us today for a consultation. Texas Laws Regarding Domestic Violence Several different types of domestic violence crimes are recognized collectively as domestic…
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¿POBREZA ES IGUAL A MENOS CEREBRO?
http://elcomercio.pe/tecnologia/ciencias/cuatro-cientificos-explican-pobreza-afectar-nuestro-cerebro-427445 Es un artículo tan interesante como todos los “estudios” realizados por científicos para demostrar, por ejemplo, que comer fresas desarrolla los glúteos de una mujer más que las que no las comen, sin considerar por qué deben ser más grandes que sus naturales nalgas. No obstante lo anterior y el negativo concepto que tengo de esos “estudios”, seguro estoy que la pobreza afecta el rendimiento de las personas no tengo la menor idea si da lugar al desarrollo imperfecto del cerebro que muy bien puede compararse con el crecimiento motriz de un niño desnutrido. Este estudio se va al canasto con ejemplos como el que sigue: 1. Sobrecarga mental "Pídele a un grupo de personas que memorice una serie de siete dígitos, ¿pueden recordar 7, 4, 2, 6, 2, 4, 9?",…
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Can I Choose Jail Instead of Probation?
Why would anyone choose to go to jail when probation is an option? The Texas Commission on Jail Standards recognizes a troubling jail versus probation trend. Some offenders choose lockup instead of community supervision. The most common argument provided by... The post Can I Choose Jail Instead of Probation? appeared first on The Law Office of Greg Tsioros.
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Diving into the Pfaffian perspective on modern mass incarceration
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Why Some Legal Analysts Are Wrong About Tiger Wood’s DUI Case?
INTRODUCTION Unless you’ve been living under a rock, you now know that Tiger Woods was arrested for DUI (Driving Under The Influence) in South Florida this Memorial Day weekend. Many in the “court of public opinion” have been speculating about the case. The on-air “talking heads” have been at it and many are getting it wrong. Since I’ve practiced criminal work in Florida for 25 years both as a defense attorney and a prosecutor, having handled thousands of DUI cases, I feel compelled to set the record straight. Also, as a fellow “talking head” with extensive experience defending and prosecuting these types of cases in South Florida, I’d like to give you my assessment as to how I think Tiger’s matter will be resolved. ALLEGED FACTS Continue reading →
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How Bail Amounts Vary by Crime in California
California bail amounts can vary based on factors like offense severity, prior offenses, and other considerations. They also change from year to year, and furthermore vary from county to county. To keep families of defendants updated with the latest information, our Ventura criminal defense lawyers have listed the newest Ventura County bail amounts, based on the recently updated 2017 bail schedule. Bail Amounts for Different Crimes in California After a person is arrested, he or she will generally be taken into custody and temporarily held in a local correctional facility while information gets processed. For example, someone who gets arrested in Ventura County may be booked into the Ventura County Jail. The person’s family members can pay money called “bail” to have their loved one released. The bail amount is set by the judge, who has a few options. These options include: Denying bail, in certain circumstances. Releasing the defendant on his or her…
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