There are tens of thousands of Floridians currently under community control - also known as probation - following conviction for a crime. The standard terms of this control usually involve some type of regular meeting with a probation officer, no contact order with the victim, potentially a restitution order, routine drug testing and orders to steer clear of law violations. Going against any one of these conditions can result in severe penalties - up to and including reinstatement of the full sentence. This is how someone with a suspended sentence can end up serving years in prison for failing a drug test.
Pulecia v. Florida - Probation Term Successfully Challenged
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Going to Class Could Get You Out of Jail in California
The recently passed Prop 47 changed some felony and wobbler offenses to misdemeanors, but local jails continue to feel the burden of overcrowding. To help reduce inmate populations, some counties are introducing new alternatives to serving jail time. San Luis Obispo County recently launched a diversion program that will offer some first-time misdemeanor offenders classes as an alternative to jail time. Orange County launched the same program in 2011, and it has had positive effects. How Misdemeanor Diversion Works Under this program, a person charged with a misdemeanor offense may be able to take one or two-day classes on theft and property, drug and alcohol, life skills, anger management, vehicle code violations, and/or victim impact rather than face jail time. Participating in these courses is not an admission of guilt. After completing the classes, the criminal charges are dropped and will not show up on any background checks. The district attorney’s office contacts…
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Can I get a sex crime conviction set aside in Arizona?
Before answering that question, the process of setting aside a criminal conviction in Arizona should first be explained. A.R.S. 13-907 states that an individual convicted of a criminal offense, who has fulfilled the conditions of their probation or sentence and has been discharged by the court, may apply to a judge, justice of the peace, or magistrate to have their judgment set aside. The offender shall be informed of this right at the time of their discharge. Can anyone apply on my behalf? Yes, Arizona law allows the offender’s attorney or probation officer to apply to set aside the judgment. What happens to my criminal record after my conviction is set aside in AZ? If your application is granted, your judgment of guilt shall be set aside, accusations against you will be dismissed, and you will be released from all penalties and disabilities resulting from the conviction. If any of your civil liberties were revoked as a result of your conviction, such as your rights to…
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Jerramy Stevens, Ex-NFL Player and Husband of Soccer Player Hope Solo, Pleads to DUI Charges
Jerramy Stevens, a former player for the Seattle Seahawks, and the husband of U.S. soccer player Hope Solo, pleaded no contest to drunk driving charges stemming from a January arrest for driving under the influence. The plea means that a judge will determine Stevens punishment, which could be as much as a year in prison. Stevens was pulled over in January after driving at 1:30 a.m. without headlights. He refused a breathalyzer but a search warrant was eventually secured for a blood test which showed a BAC of .15%. This is Stevens second DUI offense. The post Jerramy Stevens, Ex-NFL Player and Husband of Soccer Player Hope Solo, Pleads to DUI Charges appeared first on Maryland DUI Lawyer | DWI Attorney | Blog.
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Jones on Deceptive Police Practices
Elizabeth N. Jones (Western State College of Law) has posted The Good and (Breaking) Bad of Deceptive Police Practices (45 New Mexico Law Review 101 (2015)) on SSRN. Here is the abstract: This article appears in a special edition of...
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Attorneys for another convicted CIA leaker urges judges to follow Petraeus sentencing lead
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Krugman on the Media's Clinton Rules
Apparently, Paul Krugman experienced the past 25 years of the Media's Clinton Rules: [I]s this just the return of Clinton rules? If you are old enough to remember the 1990s, you remember the endless parade of alleged scandals,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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[Ed. note: I am counsel for the defendant in the second decision summarized here.]United States v. Hornbuckle, Nos. 12-10541, 12-10615 (Christen with Fletcher and Davis (CA4)) --- The court affirmed the sentences of two sisters who pleaded guilty to child sex trafficking, in violation of 18 U.S.C. § 1591. The court held that the sentencing judge properly applied two enhancements under U.S.S.G. § 2G1.3, one for "commercial sex acts" and one for undue influence over the victims.The defendants, who are sisters, along with other siblings and their mother, ran a prostitution ring that employed both adults and children. After one of the child prostitutes came to the attention of the FBI through a confidential source, the sisters were indicted on 13 counts, including 10 counts of child sex trafficking. They pleaded guilty in exchange for dismissal of all but two of the child sex trafficking counts. The district court held an extensive sentencing hearing…
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The Supreme Court Splits the baby in the Scottsdale Crime Lab Cases.
The highly anticipated Arizona Supreme Court opinion regarding the Scottsdale Crime Lab scandal was issued yesterday. In a very Solomon like decision, the Court granted both sides some relief. The decision contains a lot of legal nuance requiring explanation. Here is a summary and a few thoughts: Admissible Is Not The Same As Reliable While the Court decided the blood alcohol measurements are admissible - they did not hold they are reliable. There is a big difference. As a matter of fact, the Court expressed its concerns with the Scottsdale Crime Lab's "shaky" evidence. The Court merely held the prosecution may present the blood alcohol measurements to a jury and argue they are reliable. The jury will make the final decision. This standard is similar to a finding there was probable cause for a person's case to proceed to trial. However, at trial, the same evidence will now need to exceed…
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What Does It Take to Challenge a University’s Wrongful Disciplinary Decision Under Title IX?
Title IX is a federal law that bans gender discrimination in educational programs that receive federal funds (e.g., almost all college and universities). The Department of Education has interpreted Title IX to require schools to take swift and decisive action in response to complaints of sexual harassment or assault by or against students. In theory, Title IX requires schools to provide a “prompt and equitable” (that is, fair) process for deciding these cases, but in practice these processes are often heavily stacked against the accused student. Although students who are accused of sexual harassment or assault have tried to use Title IX to enforce their rights to a fair disciplinary process, courts have generally not been receptive and have often dismissed them at early stages. I will take a look at a recent decision on one such case and explore why that is. In Doe v. Columbia University, a male Columbia student calling himself John Doe alleged that he had been…
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Rich on Automated Suspicion Algorithms and the Fourth Amendment
Michael Rich (Elon University School of Law) has posted Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment (University of Pennsylvania Law Review, Forthcoming) on SSRN. Here is the abstract: At the conceptual intersection of machine learning and government data...
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A DUI Victory! (Mostly…Well A Little, At Least)
In 2012, I discussed the fact there were real problems with the scientific evidence offered by the state in criminal cases and that many courts not only let the questionable evidence come in, but even prevented the defense from bringing up the problems. In 2013, I wrote about the problems with a machine used for blood tests in Scottsdale DUI cases specifically, and about how a superior court judge actually ruled that blood test results in several cases were inadmissible pursuant to Rule 702 of the Arizona Rules of Evidence because the scientific principles and methods weren’t being applied reliably because of their equipment problems. Always the skeptic (and usually right), I was less than optimistic about what the appellate court would do. In 2014, I was (sadly) proven right, and I explained how the court of appeals vacated the superior court’s ruling on the admissibility of evidence from Scottsdale’s broken machine. Unsurprisingly, the court thought the…
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General Petraeus Avoids Jail for Leaking Classified Information to Girlfriend
Yesterday, former CIA head and retired General David H. Petraeus was sentenced for leaking classified information about the war in Afghanistan to his biographer/mistress, Paula Broadwell. Broadwell published a biography about him in 2012, “All In: The Education of David Petraeus,” before the affair was exposed. The Charlotte Observer wrote that “[w]ithout the weight and gravitas of his military uniform, the former military icon seemed every bit the white-collar criminal suspect as he passed through a media gauntlet on his way into the courthouse.” Judge David Kessler sentenced him to two years of probation and a $100,000 fine—more than double to the $40,000 he agreed to— as part of his plea deal for one federal misdemeanor count of unauthorized removal and retention of classified material. He faced up to one year in prison for this charge, and Judge Kessler said he increased the fine to “reflect seriousness of the offense.” Before…
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How Underage OUIs Are Even More Serious
Maine's operating under the influence (OUI) laws might seem stringent for adults. They're even more serious for those under the age of 21. Drivers under the age of 21 are held to a higher standard than adult drivers under the OUI laws of Maine. If you're underaged, you will be charged with OUI if you're stopped and found to have a blood alcohol content (BAC) at or over 0.08%, just like an adult. You will face a license suspension, fines, jail time, and other penalties – all of which depend on whether you're a repeat offender, or if there were any aggravating factors – just like an adult, though your license will be suspended for at least a year. However, things change drastically if you're under 21, and have a BAC below 0.08%, but above zero. While adults can only have their license suspended and face an OUI charge if their BAC was at or over 0.08%, if you're under 21, you can have your license suspended for having any alcohol in…
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Will my license be suspended if I get convicted of a DUI/DWI?
If so, will I be able to drive at all? As traffic and DUI lawyers in Virginia, we constantly hear from clients that they feel like Virginia’s DUI/DWI punishments are too heavy. In addition to certain mandatory jail sentences for certain DUI convictions and mandatory ignition interlock requirements, clients often express their fear that they […]
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Hanover Va Reckless Driver chance to avoid License Suspension
Today John Weiland from the law firm Caddell Weiland, PLLC represented a client who received a Reckless Driving ticket in Hanover County, Virginia for speeding 91mph in a 70 mph zone. Our client had a clean driving record but had only been licensed in the United States for less than two years. Due to Mr. […]
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Henrico County Virginia for Texting While Driving Charge to be Dismissed
John Weiland from the firm Caddell Weiland, PLLC represented a client who received a ticket in Henrico County Virginia for Texting While Driving. The client was driving down Interstate 64 when a police officer noticed her using her phone. The officer pulled her over and she admitted she was reading emails. Thanks to Mr. Weiland’s […]
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Hanover County Virginia Speeding 90 mph in a 70 mph zone charge dismissed
John Weiland from the firm Caddell Weiland, PLLC represented a juvenile client who received a Reckless Driving ticket in Hanover County Virginia for speeding 90 mph in a 70 mph zone. The client was driving late at night on I-95 and lost track of his speed. Mr. Weiland adequately prepared his young client for court […]
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CAN RUNNING FROM POLICE BE GROUNDS FOR ARREST IN ILLINOIS?
You like to walk at night. A police officer thought your presence late at night was suspicious so he stopped you. You didn’t want him to find the concealed weapon or the cocaine in your pocket, so you ran. Now you are charged with possession of a controlled substance as well as obstructing justice. Can they do that? What can you do? Whether your flight gives police grounds for arrest may depend on if you fled an arrest or a lawful investigatory stop rather than an unlawful investigatory stop. The Fourth Amendment protects you from illegal searches and seizures. You are not required to answer police questions. If the officer does not have a lawful reason to stop you at the beginning, your flight alone cannot justify an arrest. However, if the officer had a lawful reason to stop you or the officer was arresting you. your flight may then raise grounds for suspicion and justify a later arrest. The evidence uncovered after your arrest may be admitted even if the…
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Should We Be More Concerned With Prenatal Exposure In The Prevention Of Crime?
Crime and violence has existed throughout human history, and the search for answers as to what causes such behavior has lead to a variety of proposed theories. Criminal behavior is often associated with a variety of social and environmental risk factors that people are exposed to throughout life; lack of education, unstable family life and poverty are some of the most common examples. According to this perspective, crime is a result of a combination of these risk factors that people are exposed to in their lifetime. The purpose of this post is to explore another perspective, which emphasizes the role prenatal exposure to environmental and biological substances plays in the development of criminal behavior later in life. The effects of lead exposure, and maternal and second-hand smoking will be discussed, along with statistics as they relate to the topic. Additionally, the evolutionary neuroandrogenic theory, which suggests a link between prenatal androgen exposure and criminal…
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