Alabama has one of the highest rates of incarceration and lifetime sentences for non-violent offenders. Now the U.S. Justice Department is urging drug offenders in Alabama and nationwide to apply for clemency. According to a report from Alabama Public Radio (APR), the Obama Administration is urging some convicted offenders in U.S. prisons to apply for … Continue Reading
Justice Department Urges Drug Offenders to Apply for Clemency
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For a Leaving the Scene of a Crash Charge in Florida, Does There Need to be an Actual Crash?
In Florida, it is illegal to get into a traffic crash and then leave the scene without waiting for the police and providing identification and insurance information. For crashes that involve minor impacts, there must be some property damage or injury to trigger the requirement to remain at the scene. Therefore, if you slightly hit another vehicle and verify there was no damage or injuries, you are free to leave. However, if there is any property damage, or any injury, you are not free to leave.
If a person is in a crash that involves serious injury or death and leaves the scene, it is a serious felony crime in Florida. The main idea is that if a person causes a serious injury or death, the police want to be able to investigate that person to see if he/she is following the law. If a person leaves the scene without waiting for police, the state assumes the person is involved in criminal activity such as driving while intoxicated, driving with a suspended license or recklessly caused the crash.
However, there have been "accidents" with serious injuries or death that do not involve actual crashes. In a recent case near Jacksonville, Florida, the passenger somehow exited the moving vehicle, hit the pavement and died. The driver, however, just kept driving. After the driver was found and charged with leaving the scene of a crash involving death, the criminal defense lawyer argued the case should be dismissed because there was actually no "crash". The evidence showed that the vehicle never hit the passenger or anything else to cause the passenger to exit the vehicle. While this is a good argument, the court rejected it.
The purpose of the law is to protect people who are victims in traffic accidents. If an accident occurs and property is damaged or a person is injured or killed, the law is there to make sure the police can properly investigate it. If the driver leaves the scene, that may not be possible. In this case, to get around the language of the statute which includes the word "crash", the court found that the passenger hitting the pavement was the crash that is necessary under the Florida law. Under that interpretation, any time an occupant of a moving vehicle exits the vehicle, it will be a crash, and the driver will be required to stop and remain at the scene.
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Drunk Driving Laws and Sobriety Checkpoint Laws by State
Every state in the U.S. determines that a person driving with a blood alcohol concentration (BAC) at 0.08 percent or higher is a crime. Each state also has ignition interlock laws. Specifics to other state DUI laws, and to whether or not they conduct DUI checkpoints, are in the below tables. Drunk Driving Laws Table [...](Visited 1 times, 1 visits today)
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People v. McKenzie
People v. McKenzie The Court Discusses Dismissal of a Lesser Offence where it was included in a Greater Offense The defendant appealed his conviction of one count of criminal sale of a controlled substance in the third degree pursuant to...
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Another DUI Checkpoint in Ventura County
Another pair of weekendDUI checkpoints were conducted starting last night and running through early this morning in Ventura County. Funded by a grant paid for by the National Highway Transportation Safety Administration, the two separate checkpoints yielded a total of one, yes one, DUI arrest in about 6 hours of operational time. Countless man hours were put into the two checkpoints which were staffed by officers and cadets from the Ventura Police Department.
Officers associated with the checkpoints indicated that another 5 people were arrested for not having valid driver's licenses ordriving while their licenses were suspended or revoked. Another person was arrested for having illegal drugs.
If you were arrested for DUI or driving with a suspended license, you could face jail time, fines and other punishment. If it's not your first offense or you were on probation at the time, it will likely be much worse.
Call a lawyer you who has been successful in handing thousands of cases just like yours…
Call me: Attorney Jeffrey Vallens (818) 783-5700 or (888) 764-4340 or
Email me at: vallenslaw@yahoo.com or visit my sites for more information:
www.4criminaldefense.com or
www.westlakecriminaldefense.com
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Defendant feared New York's drug laws
A New York Drug Possession Lawyer said that, the events leading to defendant's conviction trace back to December 5, 1974 when a young man with an unsavory drug history, was arrested by the New York State Police in Steuben County...
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Underage Drinking Continues to Be an Issue at Boston University
Boston University Police Department increased alcohol-control efforts, following a spike in alcohol-fueled hospital runs, in the first week of February. BU Today, reported that 11 university students were hospitalized for alcohol related incidents. Half of the transports were under 21. In the state of Massachusetts, it is illegal to consume or possess alcohol before 21 years of age.
BUPD Captain Molloy reports that alcohol transports are up 7 percent over the fall semester. This concerning rise has the police department beefing up their patrols. Captain Molloy explains, “We are going to begin plainclothes enforcement,” stationing officers around and near the campus. Students should expect raids from officers dressed in plain clothing at loud or reported parties. In addition to plainclothes enforcement, BUPD plans on increasing police patrols, breaking up all raucous parties, and arresting and citing offenders.
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Monday Open Thread
Ex-Congressman Mel Reynolds has been deported from Zimbabwe after pleading guilty to an immigration offense. The p*rn charges were dismissed.
I'm pretty much glued to the Chapo Guzman story, so here's an open thread, all topics welcome.
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Maryland Man Cleared of Murder
A Maryland Man was released from a Baltimore prison Friday after spending nearly two decades behind bars for a murder he did not commit. Sabein Burgess was convicted of the 1994 murder of his then girlfriend, Michelle Dyson, based largely on gunshot residue testimony that would not be permitted as evidence by today's standards. The Mid-Atlantic Innocence Project, which represented Burgess, uncovered evidence of his innocence, including a confession by one of the two real perpetrators and police notes indicating that detectives were investigating an alternative suspect after Burgess was convicted. Additionally, Dyson's then six-year-old son, who was believed to be asleep at the time of the murder, came forward to say that he saw the perpetrators and that Burgess was not one of them.
The Baltimore Sun reported that Burgess spent an extra week in jail as a result of a recent snowstorm that shut down the Baltimore City Circuit Court, but was finally able to sign papers outlining his release on Friday after a new trial was ordered. The assistant state's attorney dropped the charges without conceding innocence and agreed his office would not prosecute Burgess a second time.
Burges said to the Baltimore Sun, "There were a lot of times I didn't think I was going to get out." He was on probation for other crimes at the time that he became a suspect in Dyson's murder. According to the paper, "Burgess said police believed he fit the bill of a murderer - young, black and involved in drugs."
"I was the easiest way to close the case," Burgess said.
Read the full article.
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Kelly & Kole on the Effect of Asset Forfeiture on Policing
Brian D. Kelly and Maureen Kole (Seattle University - Department of Economics and Independent) have posted The Effect of Asset Forfeiture on Policing: A Panel Approach - Data Notes on SSRN. Here is the abstract: Asset forfeiture has proven highly...
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A Long Ride: Rev. Reynolds and Vera Thomas’ Journey Seeking Justice For Their Son
Their decision could range from a new trial, to keeping Reggie on death row. There is simply no way to know for sure where the chips will fall.
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Criminal Term denied the motion
A Queens Petit Larceny Lawyer said that, this is an appeal by defendant from a judgment of the Supreme Court, Queens County, rendered November 19, 1981, convicting him of petit larceny, upon his plea of guilty and imposing sentence. The...
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Defendant feared New York's drug laws ...cont
A New York Drug Possession Lawyer said that, he began his informant activities by telephoning various persons indiscriminately for the purpose of setting up drug sales in which the police would arrest the sellers. He made "collect" calls and one...
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200 vials of cocaine
Defendant was indicted and convicted after trial of the sale of two ounces, 33 grains of cocaine to an undercover police officer on August 1988. The trial testimony established that, in a known drug location, defendant sold the undercover officer 214 vials of cocaine for $2,000 and promised to "take care of" him "the next time" he came.
A New York Drug Possession Crime lawyer said that at the time of the sale she was 17 years old. Conviction of a class A-I felony carries a mandatory indeterminate prison sentence, the minimum of which is not less than 15 years and not more than 25 years, the maximum of which is life imprisonment. The trial court, however, determined that in defendant's case, imposing even the minimum mandatory sentence of 15 years to life would constitute cruel and unusual punishment. The court, therefore, imposed an indeterminate sentence of eight years to life imprisonment. A divided Appellate Division affirmed, the dissenters voting to reverse the sentence and remand the case to Supreme Court for resentencing in compliance with the Penal Law's mandatory sentencing provisions for an A-I felony conviction.
In a case law, the Supreme Court in an opinion, albeit not without doubts expressed regarding the wisdom of the severity of the sentencing scheme for drug offenses enacted in 1973, upheld the facial and as applied validity of the mandatory maximum life imprisonment sentence and various mandatory minimum prison sentences in that legislation as against challenges under the cruel and unusual punishment prohibitions of the State and Federal Constitutions.
In another case, the Criminal Court adopted the principle that a sentence may constitute cruel and unusual punishment by being " 'cruelly' excessive, that is, grossly disproportionate to the crime for which it is exacted"
The Court recognized that, although not all of the defendants were "hardened" criminals, each was convicted of at least "street" sales or possession of large amounts of narcotics and none was what might be described as merely an "accidental" offender; therefore, we concluded that each could reasonably be considered a serious threat to society meriting severe punishment. Accordingly, the Court found none of the sentences was grossly disproportionate to the crime committed, and concluded that the mandatory imprisonment provisions for drug-related crimes withstood both the facial and as applied challenges to their constitutionality.
To Be Cont...
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Via summary reversal, SCOTUS decides Alabama courts wrongfully rejected Sixth Amendment claim of death row defendant
Though not yet garnering much attention, I think SCOTUS-watchers and especially capital punishment followers should take not of a summary reversal by the Supreme Court this morning in Hinton v. Alabama, No. 13-644 (S. Ct. Feb 24, 2014) (available here)....
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Courts Reluctant to Find Actual Innocence
The maze of Federal post-conviction habeas corpus can be a procedural nightmare as illustrated in a February 13, 2014 decision by the Ninth Circuit Court of Appeals in Vosgien v.… read more →
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Sexual Battery Charges and Defenses
California Penal Code Section 243.4 defines sexual battery as the non-consensual touching of the intimate part of another for sexual arousal, sexual gratification or sexual abuse. It can be charged as either a misdemeanor or a felony, depending upon the circumstances.
Some people may find this hard to believe but, even a slight pat or slap on the butt of another could result in a charge of sexual battery. It would most likely be filed as a misdemeanor but any type of charge for sexual battery looks bad.
There was a time when a man slapping a woman or girl on her behind may have been considered, in some weird way, an act of flirtation. But now, if that person was a stranger or even if they weren’t, if the person being slapped on the bottom is offended by the act, she/he would be within their right to file a police report.
For example, if you were out at a night club, drinking and dancing and you meet someone who you believe you hit it off with, if you start to get too touchy/feely, that person may become offended and you may end up being arrested. In this situation, you may have a defense in that you had been drinking and dancing with this woman, you two were flirting back and forth and maybe you felt that a little touching here or there would be okay. Well, the other person may not feel that way but, your attorney may be successful in convincing the District Attorney, before the case is even filed, that it was a misunderstanding or miscommunication.
The difference between a misdemeanor and a felony filing lies with the way in which the victim(s) were touched against their will. As an example, if it were alleged that someone restrained his victims from leaving a room or an area in which the battery occurred, this would elevate the charge to a felony.
Unlike misdemeanor sexual battery, if convicted of felony sexual battery, you face formal probation, 2, 3 or 4 years in State Prison, a maximum $10,000.0 fine and registration as a sex offender.
A misdemeanor conviction may result in informal probation, county jail time rather than state prison and the fines are much less. $2,000.00 is the maximum fine, unless the accused was your employer and then the maximum is $3,000.00. However, even a misdemeanor conviction may require registration as a sex offender.
Being convicted of sexual battery can have life long consequences. An experienced criminal defense attorney, specializing in sexual abuse cases, will be familiar the possible defenses available to this type of charge. Some defenses may include insufficient evidence, false allegations and consent, or the reasonable belief that there was consent.
Anyone who has been accused of sexual battery should seek the advice of an experienced criminal defense attorney who is familiar with the Courts in the County in which the case is pending. An attorney who practices in the County where the case is filed should have a good understanding of how each individual court operates, the Judges, Clerks and District Attorneys. This will increase the chances of a favorable outcome for the client.
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Corona Del Mar man pleads guilty, state legislators indicted in bribery case
Our Orange County defense attorneys will help you defend yourself in court. Remember when you face these kinds of criminal charges it's not just jail time that's on the line, it's your livelihood and reputation as well. We will take your case seriously and work hard to give you the best possible defense in order to get charges reduced or even dismissed. For more information you can call us at (888) 478-8999.
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How to schedule an alcohol and drug evaluation in Seattle for a DUI
If you have been arrested for a DUI in Seattle or really anywhere in Washington State. Then probably the first thing you will want to do after you hire a DUI Lawyer is schedule your alcohol and drug evaluation. Here is how I recommend you go about doing that. First speak with your DUI lawyer. [...]
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"How a Kingpin Above the Law Fell, Incredibly, Without a Shot"
The New York Times reports on the capture of Joaquín Guzmán Loera: On Feb. 13, three men were arrested on the road to Mazatlán, including a man called “19,” believed to be the new head assassin for one of Mr....
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