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THE ART OF PERSUADING PROSECUTORS TO RECOMMEND THE BEST POSSIBLE SENTENCES

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The goal of Clearwater criminal defense lawyers is to find the best possible outcome for every client charged with misconduct. Sometimes the best outcome will not be obtained by fighting the facts of a case in a jury trial, but by pleading to the charge with the understanding that the sentencing Judge will give a predetermined sentence that represents the best result for a client. In this Tampa Bay Florida courtroom judges listen to prosecutors & defense counsel  before sentencing.Yet the paradox of sentencing is that the Judge in many ways is the least informed of any of the key participants. Further, many judges may be influenced to give unfair sentences by outside factors, such as by elections. Still most judges seem to strive toward fairness in sentencing. During a sentencing hearing the Judge may have the most knowledge of the law, but typically, it's also the Judge who will have the least knowledge of the facts and circumstances of that particular case. This is true because the defense lawyer and prosecutors have investigated the case as well as engaged in the process of discovery with ready knowledge of police reports, depositions of significant witnesses and a working knowledge of the strengths and weaknesses of their cases. The more complex the set of facts the more reliant the Judge will be on the lawyers for the defense and prosecution in determining what he believes to be a fair sentence.The best defense lawyers will leverage statements from prosecutors and law enforcement that may become useful in persuading the sentencing Judge to give a reasonable sentence. A number of years ago as a prosecutor in Tampa Bay, Florida, I found an odd think often happened during sentencing hearings. Counterintuitively, the most effective argument in aggravation would be made by the defense lawyer.  This would occur when the sentencing Judge would box the lawyer into a damning statement about his client.For example in a drug trafficking case the sentencing hearing could turn on the following:Defense Lawyer: "My client's drug addiction may be a threat to himself, but I'm certain he can not be viewed as a threat to the community."Judge: "If he's a threat to himself, he's a threat to anyone who might be called to try to help him, isn't he, including any first responders to a 911 call. Probation will not work here, only jail will protect him from himself and the harm he may do others."Here the Judge finds the most reliable evidence for what may pass as the truth in facts which are brought to his attention from the defense and appear to be against interest. If the prosecutor states that a Defendant is a threat, that's to be expected as obvious, but if the defense lawyer brings it up, well then it must not only be certain but should be acted upon. Defense counsel from the very first day on the case must be pushing the prosecutor toward the belief of the most significant key facts that will help the defense in sentencing even if there is abundant evidence of the Defendant's guilt. These narrowing facts that support mitigation at sentencing should be brought into every conversation with the prosecutor and law enforcement during the course of depositions and discovery. With effective planning, skill and strategy the most effective argument a Clearwater criminal attorney will make at sentencing often comes from the prosecutor. 

Domestic Violence Victim Gave Police Legal Basis to Search Car for Gun in Florida Case

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In most cases in Florida, the police cannot search a person's property without a search warrant or consent to search. Probable cause alone is often insufficient for a search. However, there are situations where a search warrant or consent to search are not needed. In a recent case near Jacksonville, Florida, the police responded to a domestic violence call. The defendant's girlfriend called the police and said the defendant threatened her with a gun. The police arrived and took a statement from the girlfriend in which she said the defendant threatened her with a gun and then placed the gun in his vehicle. Based on that statement, the defendant was arrested for aggravated assault. The police then took the defendant's car keys, searched the trunk of his vehicle and found a gun inside. The defendant was then arrested for the additional charge of possession of a firearm by a convicted felon because he had previously been convicted of a felony. The defendant's criminal defense lawyer filed a motion to suppress the evidence of the firearm arguing that the police did not have the right to search his car without consent or a search warrant. The court allowed the search because they found the girlfriend's statement about the gun being in the vehicle gave the police sufficient probable cause to search the vehicle. Normally, the police would then have to take that probable cause and get a search warrant. However, the rules are different for motor vehicles because they can be easily moved while the police take the time to get a search warrant. Because of the vehicle's mobility, the automobile exception allows the police to search a vehicle at times with probable cause but without a search warrant.

Connecticut Roundup

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AP reports, "Connecticut death penalty case delayed pending appeal." It's via the Middletown Press. A West Hartford death penalty case won't move forward until after the state Supreme Court decides whether Connecticut's repeal of capital punishment last year is constitutional,...

Nevada Cost Study to Move Forward

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'Nevada study will ask question: Is execution more expensive than prison?" is by Sean Whaley for the Las Vegas Review-Journal. The 2013 Legislature approved Assembly Bill 444, which requires the legislative auditor to review the financial costs of the death...

HIV test is allowed

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The defendant was indicted in 1994 in a twenty-eight count criminal indictment charging that he engaged in sexual relations with his 15 year old daughter, during a three month period. A Nassau Criminal Lawyer said that, the defendant entered into...

Marriage licenses are studied

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A Nassau Sex Crime Lawyer said that, in this case, plaintiffs, members of five same-sex couples living in New York City, move for summary judgment declaring that, under the New York State Constitution, they are entitled to treatment equal to...

Zimmerman Trial: Marijuana Evidence

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Eric Zorn of the Chicago Tribune writes today about the judge's decision in the George Zimmerman trial allowing the defense to introduce Trayvon Martin's toxicology report into evidence. He agrees (for the most part) with my post from the... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]

Federal Judge Stays Virginia Execution

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Today's Roanoke Times reports, "Judge stays execution of William Morva pending appeals," by Laurence Hammack. A federal judge has stayed the scheduled execution of William Morva, convicted of killing a hospital security guard and a sheriff’s deputy during a crime...

Grand Jury Testimony is challenged

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On 16 December 1983, the County Court of Nassau County rendered judgment convicting a certain defendant of criminal possession of a weapon in the third degree, after a nonjury trial. The defendant appealed from that judgment. The appeal brought up...

Registered sex offender has daughter taken away after bullet arrest

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7-9-2013 California: A convicted sex offender has temporarily lost custody of his 6-year-old daughter after he was arrested at a traffic stop. Nicholas Elizondo was arrested Sunday after a... [[This,an article summary.Please visit my website for complete article, and more.]]

Survey shows limited use of sex offender registry

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7-9-2013 Texas: Texas has the second largest sex offender registry in the country, but relatively few people are accessing it or using it to develop protective actions against future sex crimes, a... [[This,an article summary.Please visit my website for complete article, and more.]]

Why did the judge change for my case?

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Free legal answers from attorneys - I have a court appearance coming up and I found out that the judge has changed. Why is that? Something I should worry a

Can I accept a restraining order without going to court?

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Free legal answers from attorneys - My wife wants a restraining order, which is fine because I never want to see her again. Will I have to see her in court

Omnibus motion is questioned

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A Kings Criminal Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered September 25, 1990, convicting him of criminal possession of a controlled substance in the second degree, upon...

Double jeopardy is involved in larceny case

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Defendant was charged of four counts of common law larceny, one count alleging grand larceny, first degree, and three counts of petit larceny. This indictment was prepared in accordance with Section 276 of the Code of Criminal Procedure and is commonly known as a 'long form indictment.' A Grand larceny case said that when the People sought to introduce criminal evidence at the trial that the defendant made use of a false or fraudulent representation or pretense in the commission of the larceny, it was met with an objection by the defendant that such testimony was inadmissible since the indictment failed to meet the requirements of Subdivision 1 of Section 1290-a of the Penal Law which provides as follows: 'if the defendant made use of any false or fraudulent representation or pretense in the course of accomplishing, or in aid of, or in facilitating the theft, evidence thereof may not be received at the trial unless the indictment or information alleges such representation or pretence.' Since the indictment aforementioned failed to allege a false or fraudulent representation or pretense in connection with the larceny, the trial court properly sustained the objection. To meet the situation the People moved the Court, to amend the indictment by adding four more counts, each new count corresponding to one of the original ones, except that each new count contained an added allegation not found in any of the first four that the larceny was effected by defendant's false pretense and representation. This amendment was granted over the defendant's objection. Fortified with the amendment the People then offered proof of the defendant's false and fraudulent representations, which proof was inadmissible under the original indictment. The case was ultimately submitted to the jury only on the amended 'fifth count,' which charged the defendant with grand larceny in the first degree by false pretenses. All other counts were dismissed. The defendant was found guilty, and simultaneously with the imposition of sentence, the trial court granted a certificate of reasonable doubt. This is a white collar crime. On appeal the Appellate Division, while affirming the facts, reversed the conviction on the law alone and dismissed the indictment. The reversal was on a ground other than that stated by the Court of Appeals in affirming the said lower court. The effect of the Court of Appeal's decision is that Section 295-j of the Code of Criminal Procedure may only be invoked to amend a 'simplified indictment'. Thereafter, the Grand Jury found the instant indictment which, it is conceded, substantially covers the identical subject matter, parties, dates and amounts alleged in the prior indictment (1022/53). Upon his arraignment on this indictment the defendant interposed a plea of 'not guilty' together with the aforementioned specification. The District Attorney, in opposing the granting of this motion, takes the position that no double jeopardy is involved. His stand on this application is directly contrary to that taken by him in the Court of Appeals where, in seeking a reversal of the order made by the Appellate Division, he stated that should the decision of the Appellate Division be upheld by this Court, the court respectfully submit that the constitutional protection against double jeopardy will probably bar a second trial. The cases cited above dictate the granting of this motion. In that case, the defendant was indicted for murder in the first degree. The trial consumed seven days. When the jury failed to arrive at verdict after five hours of deliberation the Court, without the consent of the defendant, discharged the jury, and remanded the defendant for further proceedings. An order sustaining a Writ of Habeas Corpus and discharging the defendant was affirmed by the Appellate Division. The Court of Appeals in affirming the Appellate Division, the following general rule with respect to double jeopardy which is the law of this State: 'If a person accused of crime is placed upon trial therefor upon an indictment duly found and sufficiently informed, and he pleads thereto and proceeds with the trial before a jury duly sworn to try the issues so joined, he is placed in jeopardy within the constitutional provisions.' No probation was offered. 'The general rule in this state is that if the court has jurisdiction and all prior proceedings are valid, a prisoner is placed in jeopardy when he has been arraigned and pleaded to a valid charge, a jury has been examined and sworn, and evidence given. In another case, the defendant was on trial for manslaughter in the first degree. At the end of the People's case, the Court believing it was empowered by Sec. 400 of the Code of Criminal Procedure discharged the jury over the defendant's objection and ordered a resubmission of the case to the Grand Jury. The defendant was thereafter indicted for murder in the first degree. Defendant sued out a Writ of Habeas Corpus and obtained his discharge on the ground that the action of the trial Court violated his constitutional guarantee against double jeopardy. The order sustaining the writ was affirmed. The contention by the District Attorney that no double jeopardy is involved because the defendant could not have been convicted of larceny by false pretenses under the original indictment is without merit. The fact remains that the prior indictment was a valid one in so far as it alleged a common law larceny. Being valid, it conferred jurisdiction upon the trial Court and in the absence of any objection by the defendant against the introduction of testimony concerning false pretenses, he could have been convicted under the said indictment. However, the fact that the defendant did not waive the objection and prevented such testimony from being introduced, does not detract from the validity of the indictment. It is not necessary to constitute double jeopardy that the prior trial shall have resulted in a valid judgment of acquittal or conviction. It is sufficient if the defendant was actually placed in jeopardy in that he was in danger of having a valid judgment pronounced as a result of the trial. The Court realized that in the light of the affirmance of the facts by the Appellate Division, this decision, if ultimately sustained, may result in the discharge of a guilty defendant, but as was said in a case, the principle involved 'transcends the issue of guilt or the disposition of this particular case.' Accordingly, the motion to dismiss the indictment is granted by the court.

MD - Maryland awards sex offender monitor grants

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Original Article 07/08/2013 ANNAPOLIS - The Governor's Office of Crime Control & Prevention today announced it is distributing almost $729,000 in grants to local jurisdictions to monitor sex offender compliance. A total of $728,916 has been awarded to all 23 counties and Baltimore City under the Sex Offender Compliance and Enforcement in Maryland (SOCEM) grant program. The 24 designated law enforcement agencies in these jurisdictions are responsible for the registration and... [[ This is a content summary only. Visit our blog for full links, videos, studies and more! ]]

Romount Knowell of Delray Beach, Florida Arrested for Lewd and Lascivious Behavior

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Romount Knowell of Delray Beach, Florida was arrested Monday after he was accused of masturbating in front of two adult women and two 15-year-old girls at the beach, news sources report. Knowell, 37, was booked into the Palm Beach County Jail on charges of lewd and lascivious behavior and indecent exposure. A judge decided that Knowell should be held without bail bond. Reports did not say whether Knowell has hired an attorney. According to reports, this is not Knowell's first arrest. In March 1996, Knowell, who was then 21, was reportedly arrested after he assaulted his 17-year-old girlfriend. Reports say the victim was six months pregnant at the time. Knowell allegedly struck her, raped her, and trapped her inside his home for around four hours. Knowell was later arrested and, in 1998, was convicted on charges of sexual battery using a weapon or force and false imprisonment. He registered as a sex offender and served 14 years in prison; he was released in March 2012, sources say. This latest incident occurred around 11:00 Monday afternoon on the beach near the 300 block of North Ocean Beach. A mother and 15-year-old daughter were at the beach with two others, another woman and another teen girl, when Knowell allegedly approached. Sources say Knowell was carrying a red cooler when he stopped nearby, pulled down his pants, and began to masturbate. One of the women called police, at which point Knowell pulled back up his pants, grabbed his cooler and walked off, reports say. An officer later found Knowell around a half-mile up the beach from the four victims. When questioned, Knowell reported that his pants had fallen down by mistake as he walked by the victims. The victims positively identified Knowell, reports say. After Knowell reached the police station, he allegedly admitted to pulling his pants down and touching himself in front of the women, sources say. Knowell reportedly said that he was unaware that two of the victims were underage. Police are investigating the incident and it is unclear whether they will identify any additional victims. In other news, the parents of three-year-old Kyrese Dwayne Anderson are under investigation after the child was fatally left in a vehicle for several hours, reports indicate. As of now, police are apparently ruling the death an accident. Information regarding the parents' identities was not included in reports. Police are currently conducting an investigation and have not yet decided whether they will press charges.

Melonie Mahfouz of Delray Beach, Florida Arrested for Grand Theft Auto

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Melonie Mahfouz of Delray Beach, Florida was arrested Monday after officers allegedly found her unresponsive and naked behind the wheel of a stolen car, news sources report. Mahfouz, 36, was booked into the Palm Beach County Jail on charges of grand theft of a motor vehicle. A judge ordered that she be held in lieu of $6,000 bail bond. The press did not say whether Mahfouz had obtained an attorney. Reports say the victim took his Acura to a dealership in Delray Beach to have its locks changed after it had been stolen. Information regarding the victim's identity was not immediately available at press time. Based on reports, Mahfouz may have been acquainted with the victim and appears to have visited his home at some point. The nature of the acquaintance is not specified in reports. The vehicle was apparently stolen from the dealership sometime Monday. Police began searching for the stolen car and found it in a parking lot 12 miles away from the dealership, sources indicate. Reports say the car was running and that Mahfouz was behind the wheel, unresponsive and nude. An officer made his way into the car through the back window, sources say. After Mahfouz woke, she said she had a fever and high blood pressure; it is not clear why she was undressed. Mahfouz was taken to the JFK Medical Center for treatment. Meanwhile, officers notified the victim that his stolen car had been found. Sources say the victim thought the car was still at the dealership. When asked, the victim reportedly said Mahfouz might have stolen the car keys while visiting his home. When officers returned to the hospital, they found that Mahfouz had left. She was discovered on the street outside and arrested. During questioning later, Mahfouz allegedly claimed that the car's owner had given her the keys to pick the car up from the dealership. In other news, Roland Stuart of Deerfield Beach was arrested Monday after he was accused of breaking into Jane Rainboth's apartment, reports say. Stuart, 27, was booked into the Broward County Main Jail on charges of burglary to an occupied dwelling. A judge set his bail at $75,000. It is unclear whether he has retained legal representation.

Michel Beldor, Boynton Beach, Florida Assistant Store Manager, Arrested for Grand Theft

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Michel Beldor, a Boynton Beach, Florida assistant store manager, was arrested Monday for allegedly giving himself fraudulent refunds and stealing items from the store, news sources report. Beldor was booked into the Palm Beach County Jail on charges of grand theft and fraud. His bail bond was set at $6,000. It is not yet known whether Beldor has retained legal representation. According to reports, the incident occurred at a retail store in Boynton Beach. The name of the store was not immediately available at press time. Sources say the Beldor was the assistant manager at the store before his arrest. On Monday, the store's loss prevention manager discovered "several [suspicious] high dollar return transactions" and began investigating. The manager soon discovered that Beldor had forged 42 credit card and cash transactions for merchandise that had never actually been sold, reports say. Beldor then allegedly ran returns on the items and kept the cash. In addition, the manager reportedly claimed that Beldor stole $810 worth of merchandise from the store. Police arrived and spoke with Beldor, who reportedly confessed to the fraudulent returns and thefts. In all, reports say Beldor stole over $9,000 from the store. It is unclear how long he had been allegedly stealing from the store. Crime comes in all forms, some more unconventional than others. Laura Manuela Gransaull of St. Augustine was arrested Saturday after she allegedly hurled a cocktail glass through a woman's back window following an argument, sources report. Gransaull, 55, was booked into the St. Johns County Jail on charges of throwing a deadly missile. It is not yet known whether she has qualified for bail or hired legal representation. According to reports, the incident occurred on Saturday evening within the vicinity of St. Augustine Beach. The 36-year-old victim and her 38-year-old companion were headed to the beach in a 2012 Ford truck. The victim parked on a side street near the beach, in front of the residence of an acquaintance who had reportedly given her permission to park there. Gransaull was on a nearby upper deck when she saw the truck park; she may have been under the impression that the victim had parked in the spot illegally, reports indicate. Sources also suggest that Gransaull may have been drinking prior to the argument.

Anthony Kehle of Jupiter, Florida Arrested for Exploitation of the Elderly

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Anthony Kehle of Jupiter, Florida was arrested Sunday for allegedly defrauding the now-deceased Daniel Hull, who was 90 years old and suffering from Alzheimer's disease at the time, out of over $94,000, news sources report. Kehle, 75, was booked into the Palm Beach County Jail on charges of exploitation of the elderly and fraud. A judge ordered that Kehle be held in lieu of $100,000 bail bond. The press did not specify a lawyer for Kehle. According to reports, Kehle and Hull were friends and had met through work. When Hull started suffering from Alzheimer's disease, Kehle reportedly offered to become his caretaker. Kehle told Hull that he could possibly recover millions of dollars from Hull's late wife's estate; none of that money was ever recovered, sources say, and it is unclear from reports whether it ever existed. When police spoke with Kehle following his arrest, he said he "took it upon himself to help" Hull after he found out his life savings were gone, sources say. In addition to failing to recover the purportedly promised funds, Kehle allegedly failed to take adequate care of Hull, instead using Hull's savings to buy things for himself. Kehle allegedly left the victim home alone for days in unkempt conditions and without adequate food; Hull apparently failed to take his medication when left alone as well. Kehle also failed to help Hull pay his bills, resulting in constant calls from bill collectors, reports state. Kehle reportedly told police that Hull paid him for his help through the "use of his credit cards" and cash from his accounts. Kehle allegedly spent this money on luxuries including expensive dinners, spa treatments, jewelry, plane tickets, clothing, and a membership at the International Polo Club. $25,000 of Hull's money had gone to an investment of one of Kehle's own companies, sources say; the name and nature of the company was not disclosed in initial reports. The investment reportedly never garnered Hull any benefits. Kehle apparently told police he was not concerned about spending Hull's savings because he felt confident that Hull's wife's estate would pay off. Police first became aware of the neglect in July 2010 when Hull's niece, Stacey Heathcote, came to visit him from Shadyside Ohio, and discovered the state of affairs. "Who goes and takes somebody's life savings away from them like it's theirs?" Heathcote reportedly said. "Who does that?" She added, "My uncle was a good man [and] he would do anything for anybody."
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