Sometimes, these articles answer burning questions, but not today. Questions like "why something versus nothing?" may get answered later. Today, I'm here to tell you what's happening in Florida's criminal courts. As always, I'm attempting to avoid big legal words that make some lawyers feel important, but fail to convey information in a way that can be digested by folks who haven't gone to law school.
The question for today is: What is the difference between exposing your private parts, and exposing them in a lewd way? The circumstances under which you show your private parts will determine if the case is a misdemeanor, or a felony prison sentence. This is the sort of problem that exhibitionists run into when they're caught. It seems to me that exhibitionists should simply camp out at clothing optional resorts like Paradise Lakes, but somehow, they never figure this out.
WARNING: I'm about to tell a war story--feel free to skip the next two paragraphs if you think you've heard this one before. It seems that the longer I practice criminal defense, the more war stories uncontrollably shoot out of my mouth. With the disclaimer out of the way, pack-it-up-pack-it-in-let me begin:
There's a difference between exposing your private parts for a misdemeanor, and exposing your private parts all the way to a felony lewd or lascivious exhibition conviction. I had a client years ago that had already been to prison for masturbating in front of kids under the age of 18. Sometime after his prison release, he's standing across the street from a few high school cheerleaders after their practice for the day (which he, no doubt, enjoyed watching), and he exposes his penis to the girls. The term "expose" may be an understatement, but the term will suffice for our discussion.
Better Listen to Mom
↧
↧
Ventimiglia hearing
A Queens Gun Crime Lawyer said that, this is an appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered July 15, 1999, as amended December 2, 1999, convicting him of murder in the second degree...
↧
When the Process Becomes the Punishment
The process, criminal defense lawyers like to say, is the punishment. Nowhere is this so true as in the low-level criminal courts in Connecticut, known among the cognoscenti as the “GAs,” or Geographical Areas. All criminal cases make their courtside debut in the GA courts. Only the most serious are transferred to what some folks refer to, with a sense of drama, as “high court;” lawyers know these courts simply as JDs, short for Judicial Districts.
Connecticut is divided into 13 Judicial Districts and 20 Geographical Areas. Despite that, New Haven’s GA court is called GA 23, as there are no GAs six, eight or 16. Who is number one? Stamford, of course, but you knew that, didn’t you? Torrington doesn’t have a GA; its cases report to GA 18 in Bantam. Meriden’s court is denominated GA 7.
The overwhelming majority of cases remain in the GA courts. It’s where defendants first appear in court to be arraigned, a brief hearing at which a judge reviews the facts and circumstances supporting an arrest to determine whether there is sufficient reason for a case to go forward.
It is perhaps poetic overstatement to say that GA criminal cases “go forward.” A better description would be to stutter-step, to lurch, to pirouette forever circling a destination just beyond sight. The GA courts are a sticky mess.
A sticky mess, that is, unless you plead guilty. Most defendants do, and they do so promptly. Prosecutors are quick to make deals in low-level cases, and a variety of programs exist for the express purposes of moving folks off the criminal docket and into some sort of treatment or probation. Moving files is the work of the GA courts.
But if you decide to contest the state’s allegations against you in the GA courts, you enter a world in which time stands still. Plead not guilty and demand a jury trial and you have, in effect, declared war on the settled conventions of the GA sausage shop. The system strikes back, demanding endless biweekly court appearances until a judge finally puts your case on the “trial list,” where you might linger for a year or more until you are called, out of the blue, and told to report to court on short notice to begin jury selection. This interminable waiting, the pointless court appearances, this is the process that punishes.
As a younger man, I vowed to age gracefully and to never look back with nostalgic appreciation of days gone by. I didn’t want to be one of those gray-haired wonders who told a new generation how things were done back in the golden days. I surprised myself by just how badly I had broken that vow when consoling a young lawyer the other day.
“I was in the GA until after lunch,” she fumed. It was one of many trips she’d made to one of the state’s larger cities on behalf of a client.
“What took so long?” I asked.
She could give me no good answer. The state had offered her client a chance to plead guilty to an infraction more than a year ago, an offense that does not even rise to the level of a crime, in this case “creating a public infraction.” He’d be required to pay a $35 fine. (Crimes are either felonies, carrying a potential penalty of at least one year in prison, up to and including death, or misdemeanors carrying up to one year in prison. Infractions are mere fines, carrying no risk of incarceration.)
Her client insisted that the police were wrong to arrest him, and that he had broken no law whatsoever. He wanted a trial. As was his right, he demanded a trial. His lawyer requested that his case be put on the trial list, but the presiding judge refused, requiring him to come to court month after month after month to sit in the courtroom waiting first for the judge to take the bench, then for his case to be called. Some days, his case was not called until late morning or early afternoon. His lawyer was required to appear with him at each appearance. If the client failed to show up, he could be arrested for failure to appear, a felony. The man presumed innocent was on a long leash.
The court’s refusal simply to put the case on the trial list but instead to insist that the man return to court over and over and over again has a name: it’s called passive aggression. For demanding his right to trial, for insisting that the presumption of innocence was more than mere verbiage, the man was being punished by being required to appear in court over and over again, there simply to sit until the judge got around to calling his case. This short of shenanigans makes my blood boil.
“I recall the old days,” I said to the young lawyer, breaking my vow to age without nostalgia. “Back in the day, you could be in and out of a GA court inside an hour. I used to cover courts in three cities before noon.”
She looked stunned.
“A trip to the GA now almost always takes the better part of a day,” she said.
I hear that from lawyers all over the state. It’s almost as if the court system has decided to place informal and costly barriers in the path of those who demand a trial by jury. It is related to the “trial tax,” the surcharge in punishment imposed on those who go to trial and lose.
The fact is that most GA courts lack the resources to try cases efficiently. There may be one judge equipped to try cases in a courthouse with thousands of pending files. Informal barriers to those who seek trial in the form of lengthy and costly delays are one way to thin the herd of those seeking trial.
Chief Justice Chase Rogers cares deeply about the public perception of the courts. She ought to turn her attention to the GA courts and the widely held perception that judges resort to juvenile passive-aggression in an effort to punish those who demand a trial by jury. The Constitution says nothing about the process itself becoming the punishment.
↧
Amend New Jersey Constitution to Help Guarantee an Independent Judiciary
New Jersey judges are currently appointed for initial seven-year terms. At the end of this period, a judge’s appointment is reviewed by the Governor and the State Senate with an eye toward determining whether they should be reappointed with tenure, which would guarantee the security of their position until they reach the mandatory retirement age […]
↧
Lawyer Jailed for Failing to Report Proceeds from Real Estate Development
Randy Alan Carpenter, 56, Spruce Pine, North Carolina, an attorney, engineer and appraiser, was sentenced by U.S. District Judge Graham Mullen to 27 months in prison for making false statements on his tax returns. The defendant was also ordered to serve one year under court supervision and to pay $507,995 as restitution to IRS. According […]
↧
↧
HURRICANE CARTER HAS DIED
Rubin Hurricane Carter, a boxer from Patterson, New Jersey who almost became the middle weight champion of the world, has died in Toronto at age 76. Carter spent 20 years in prison, framed for a triple murder in bar. He was twice tried an twice convicted and twice had the convictions overturned for prosecutorial misconduct. Bob Dylan's great song tells you almost all you need to know. Denzel Washington played Carter in the movie. There is a scene (which we could not find on You Tube) where the police pull Carter and his friend over and say there has been a murder and they were looking for two black men. And Carter responds something like "and any two black men will do?" Just another story of the "greatest" justice system in the world destroying lives. Any surprise that as soon as Carter was released from prison he immediately moved out of the United States? See you in court tomorrow. Oh yeah: Happy Easter. Site Feed
↧
Alabama’s Expungement Law Makes Front Page of Montgomery Advertiser
If you are following the new law regarding expungement of arrests for certain offenses in Alabama, you will want to read this article: http://tinyurl.com/kadqjzo The article does an excellent job of explaining the rationale behind the law as well as the circumstances under which a person can apply for an expungement. At Skier & […]
↧
Have You Been Falsely Accused of Domestic Violence?
Have you been falsely accused or wrongly prosecuted for domestic violence? False allegations and wrongful prosecutions harm the innocent, squander resources, and shortchange true victims. If you or someone you care about has been arrested or is facing criminal charges related to Domestic Violence (or “Assault Family Violence”), there may be a lot at stake. You may […]
The post Have You Been Falsely Accused of Domestic Violence? appeared first on Houston Lawyer Blog.
↧
Warrantless Searches of a Home in the State of Illinois
Under the Fourth Amendment of the United States Constitution, which prohibits unreasonable searches and seizures of one’s property, as well as under Illinois law, law enforcement accordingly is not allowed to conduct a search of a home without a court-issued warrant to do so, except under very limited circumstances. A warrant is a formal order issued by a […]
The post Warrantless Searches of a Home in the State of Illinois appeared first on Illinois Criminal Law Blog.
↧
↧
Interstate Extradition: Alleged “Hit Man” Held in Alabama
An alleged contract killer is being held in Alabama and now California prosecutors are hoping to charge him with additional crimes. According to reports, the alleged “hit man” was charged with killing nine people in three countries over the course of 30 years. The 51-year-old defendant has been charged for crimes that allegedly targeted victims … Continue Reading
↧
Semi Crash Blocks I15 Near Hamer
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 04/20/14 2:10 PM
Please direct questions to the District Office
Shortly before 7:30 AM this morning, the Idaho State Police investigated a one-vehicle non-injury crash northbound on Interstate 15 at milepost 147, about 2 miles south of Hamer. Sukhjeeven Singh, age 36 of Sacramento,CA was driving north when his vehicle left the roadway on the left side. Singh over-corrected, lost control of his vehicle, and the trailer overturned in the roadway. The right lane of northbound traffic is still blocked while a tow crew removes the vehicle. The investigation is continuing.
-------------
↧
Gov Chris Christie talking up drug sentencing reform as a pro-life commitment
As reported via this entry at Mediate, last week New Jersey Governor Chris Christie connected drug sentencing reform to another social issue frequently stressed by Republican officials and politicians. Here are the interesting details: New Jersey Gov. Chris Christie delivered...
↧
WA - Fake kidnapping of young boy stirs anger in Sequim
Original Article
04/15/2014
SEQUIM - Terror turned to outrage at a local park when parents realized a child kidnapping that played out before their eyes was actually faked -- just to make a video.
On any given day, parents and their kids are often found enjoying Carrie Blake Park in Sequim. However, last Saturday treated visitors to a very different scene, as families watched a man in a ski mask appear to kidnap a little boy.
"I saw this guy, he's wearing a mask, just two-handed grabs...
[[ This is a content summary only. Visit my website for full links, other content, and more! ]]
↧
↧
Update - Semi Crash Blocks I15 Near Hamer
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer
DO NOT REPLY
---------------------------------------------------------------------------
Idaho State Police
District 6 1540 Foote Dr.
Idaho Falls, Idaho 83402-1828
(208) 525-7377 FAX: (208) 525-7294
For Immediate Release: 04/20/14 3:05 PM
Please direct questions to the District Office
***Update***
Both lanes of travel have been cleared and traffic is flowing.
-------------
Original release:
Shortly before 7:30 AM this morning, the Idaho State Police investigated a one-vehicle non-injury crash northbound on Interstate 15 at milepost 147, about 2 miles south of Hamer. Sukhjeeven Singh, age 36 of Sacramento,CA was driving north when his vehicle left the roadway on the left side. Singh over-corrected, lost control of his vehicle, and the trailer overturned in the roadway. The right lane of northbound traffic is still blocked while a tow crew removes the vehicle. The investigation is continuing.
-------------
↧
Top-Ten Recent SSRN Downloads
in criminal law and procedure ejournals are here. The usual disclaimers apply. RankDownloadsPaper Title 1 679 Last Words: A Survey and Analysis of Federal Judges' Views on Allocution in Sentencing Mark W. Bennett and Ira P. Robbins U.S. District Court...
↧
Consequently, the court ordered to deny the motion of the offender
At approximately 3:00 P.M., three men wearing hooded sweatshirts entered a restaurant. The men waited by the door for a few minutes until all of the customers left. One of the men then approached the register and placed an order....
↧
X was the only defendant to take the stand...cont
The exceptions also recognize that any law circumscribing the ability of the accused to defend against criminal charges remains subject to limitation by constitutional guarantees of due process and the right to confront the prosecution's witnesses under U.S. Const....
↧
↧
State of Massachusetts
In this DWAI case, defendant was convicted of driving while intoxicated per se and speeding. At the trial, a Nassau County police officer testified that he was trained to estimate the speed of a moving vehicle and that, in March...
↧
Great New Orleans Times-Picayune op-ed on Louisiana drug sentencing
As I've blogged about a few times here, Louisiana has one of the nation's most unforgiving drug sentencing regimes and is particularly out of step when it comes to marijuana. This past Friday, the New Orleans Time-Picayune editorial board ran this op-ed highlighting the problem and calling for reform. The...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/kcTdpuUD-Fw" height="1" width="1"/>
↧
How Legalized Pot Is "Carefully Regulated"
The title of this post is, of course, a joke. Legalized pot was never intended to be carefully regulated, and the promises made to voters in the legalization campaigns were just blowin' smoke, as it were.On Easter Sunday, the Capital...
↧
More Pages to Explore .....
