Defendants in felony cases are subject to special rules in sentencing. Compared to misdemeanor sentencing, felonies are complicated. The court is governed by obscure rules that can sometimes produce unexpected results. And the last thing a defense attorney wants in court is to advise a client on a sentence and have something unexpected come up. [...]
Truth-in-sentencing: defendants must serve more than 50% of the sentence imposed
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Documentary Spotlights Bad Lawyering
Eddie Joe Lloyd with Senior Staff Attorney Nina MorrisonThe New Media Advocacy Project and The Constitution Project have produced a short documentary "Defending Gideon," which focuses on a lack of adequate indigent defense 50 years after the landmark Supreme Court ruling in Gideon v. Wainwright. Screenings of the film were shown for the Department of Justice on Monday night and for Congress the following day. An unknown number of people have been wrongfully convicted due, in part, to bad lawyering. In most of these cases, the problem is better defined by what the attorney failed to do rather than overt negligence or misconduct. However, in some cases, such as the case of Innocence Project client Eddie Joe Lloyd whose story is featured in the film, the quality of the representation is so poor that it merely compounds the injustice. Lloyd was represented by an attorney who was appointed to the case just eight days before trial, The attorney didn't cross-examine the police officer most directly involved in coercing a false confession from Lloyd, he called no defense witnesses and gave a five minute closing argument in which Lloyd was sentenced to death. His appellate lawyer didn't raise an ineffective assistance of counsel claim on appeal. In response to Lloyd's complaints about his representation, the appellate attorney wrote a note to the court saying that Lloyd should not be taken seriously because he was "guilty and should die."Watch the entire film here. Read more about the case of Eddie Joe Lloyd.
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What kind of punishment am I looking at for DUI with injury?
Free legal answers from attorneys - Got into an accident. It was my fault. Got charged with DUI. The other driver and passenger were both injured. One head
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Al Qaeda Claims Repsonsibility for Iraq Anniversary Bombings
It's been ten years since we invaded Iraq. Al Qaeda is marking the anniversary with bombings. At least 60 people have been killed.
Der Speigel has "10 Lessons From America's 'Dumb...
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life sentence
If your poor and make a mistake its a mistake for life, but if your rich it never happen. I’m not the person on paper I was young and did studip things that shouldn’t follow all my life and make [...]
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help
it was sunday night sometime in nov. 2011 i was walking down the street to the bus stop by my fathers house 3 days before this my uncle was shoot in his head by idk who so since it was late [...]
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30-year-old loses control of Pick-up truck resulting in death
A 30-year-old driver, who lost control of his pick-up truck resulting in the death of his passenger, is being charged with Felony DUI by the SC Highway Patrol. The crash occurred on US 15 south of Sumter, South Carolina.
Troopers report that the man and his passenger, a 36-year-old Manning man were traveling south on US 15 when he lost control overturning the pick-up truck. Both the driver and the passenger were ejected from the vehicle; however, the passenger was pronounced dead at the scene.
A felony DUI charge in South Carolina requires that the person be proven to have (1) operated ...
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trying to get my life back
my name is Terrance i was 20 when when i saw the inside of a jail didnt know why i was there a day later a guy comes to me and says i am here cause of rape kidnapping and [...]
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Wrongfully Treated by state
Back in the mid 90′s I took my childern to see their father. When I went to leave he asked me to stay so his parents could see the kids. I relucntly agreed after he promsed that they would give me [...]
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family betrayal
My story is very depressing.. I needed 20 dollars to buy my son diapers and put gas in my car… I tried every one I knew but everyone claimed they were broke… My last resort was to ask my brother, [...]
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Slammed for No Reason
In 1997, my ex-wife falsely accused me of a crime against our daughter. It took me 1.5 years and a trial to get this over with. Now, 14 years later, it still haunts me whenever anyone does a background check [...]
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NO FUTURE
In 2005, I was convicted of an E felony and misdemeanor charge for controlled substance and marijuana. I was at a club with friends and decided to be the first one out. I waited in my friends car for the [...]
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need to get record cleared
long story short. As a juvenile(17) I associated with individuals whom made poor decisions, which in turned, I made some poor decisions as well. The crime that was commited was a 211pc-robbery. It was more of just going up to [...]
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Expunged record still opened to the publicl
Hello all, A Judge in DC Superior Court ordered my criminal record expunged in 2008. The record was not closed, and therefore its in the publics view. Also all private background investigative companies have my open record in their databases. [...]
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Making an example
Well to start off, i am now currently 24 years of age with a felony count of criminal conspiracy to commit armed robbery. My story starts back in 2008. I was hanging out with some of my friends and my [...]
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New York Man Wrongfully Convicted of 1990 Crime Will Be Released
David Ranta, convicted of killing a beloved Brooklyn Rabbi in a foiled 1990 robbery, has been cleared of the crime with help from the Brooklyn District Attorney's Conviction Integrity Unit, and he will be freed on Thursday. According to The New York Times, police misconduct and fabricated informant testimony contributed to the wrongful conviction. One witness after another recanted, and, recently, the case completely unraveled. The New York Times reports:
Detective Scarcella and his partner, Stephen Chmil, according to investigators and legal documents, broke rule after rule. They kept few written records, coached a witness and took Mr. Ranta's confession under what a judge described as highly dubious circumstances. They allowed two dangerous criminals, an investigator said, to leave jail, smoke crack cocaine and visit with prostitutes in exchange for incriminating Mr. Ranta.
Of the witnesses who testified against Ranta, one admitted that she lied in an attempt to help her incarcerated boyfriend, one admitted to implicating Ranta in order to reduce his own sentence, and one revealed that police told him which person to choose from the lineup. Ranta told The New York Times:
"I'd lie there in the cell at night and I think: I'm the only one in the world who knows I'm innocent," he said. "I came in here as a 30-something with kids, a mother who was alive. This case killed my whole life."
Ranta was represented by Michael Baum of Brooklyn Defender Services and Pierre Sussman. Read the full article.
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41- District Court in Macomb County Provides Offenders with Probation Guidelines
The 41-A District Court serves the City of Sterling Heights, Shelby Township, Macomb Township and Utica and has two (2) locations:
Shelby Division (Shelby Township, Macomb Township, Utica)
51660 Van Dyke, Shelby Township, MI 48316
Phone: 586-739-7325
Sterling Heights Division
40111 Dodge Park, Sterling Heights, MI 48313
Phone: 586-446-2500
Presently, both locations share the probation department which is located at the Sterling Heights division. In addition, any offenders placed on reporting probation are required to report at the Sterling Heights location.
The 41-A District Court in Shelby Township has been seeking funds and approval to build a larger facility based upon need. We expect this to occur in the near future given the geographical area and growing population which is serviced by the Shelby Township division of the 41-A District Court. See recent link regarding court relocation information.
Probation Basics
The district courts in Michigan (including the 41-A District) has jurisdiction to sentence offenders for misdemeanor criminal offenses which can carry up to 1 year in jail. In addition, the district courts may impose probation for a maximum period of 2 years. Click here for a blog which we posted which covers the Most Prevalent Misdemeanors in Macomb County District Courts.
Upon sentencing, a person may be sentenced to serve time in jail followed by a term of probation or probation may be ordered immediately with the possibility of jail only upon violating the terms of probation. In addition, probation may include the component of "reporting" to the probation department at a frequency which the Judge will order; usually once per month. Non-reporting probation is also a possibility for offenders that do not require monitoring by the probation department. Non-reporting probation is preferable and can be argued at the time of sentence when someone does not have a prior record and has been proactive about their case.
The 41-A District Courts Probation Information & Guidelines
Probation is a serious matter. Probation is provided as an alternative to jail. A person that cannot comply with the terms and conditions of probation faces probation violation, probation termination and possible incarceration. A violation of probation can also mean losing the opportunity to get a criminal charge dismissed whenever compliance is a requirement to earn a dismissal of an offense (see MCL 333.7411 for drug crimes, MCL 769.4a for domestic violence).
A person placed on probation by the 41-A District Court is required to sign a form called Probation Information & Guidelines (see image above). The form provides the person with probation directives and requirements. In addition, the form lists various conduct which will constitute a violation of probation:
-Failing to report to probation
-Leaving the State of Michigan without permission
-Missing or failing a drug or alcohol test
-Failure to pay fines/costs
-Failing to report police contact, arrests or criminal charges
Probation Violations
Probation violations can result in jail time and the assistance of an attorney is essential. Upon being found guilty of violating probation, the Judge can sentence a person to the maximum remaining jail time which has not been served. For example, possession of marijuana can carry up to 1 year in jail. A first offender who is found guilty of possession of marijuana usually will receive 1 year probation with a dismissal at the end of 1 year upon compliance with probation (see MCL 333.7411). However, if the offender violates any term of probation, he or she can get up to 365 days in jail, minus any jail time that has already been served for the offense.
Links to our website and blogs covering the topic of probation and probation violations:
Probation Violations
Excuses the Don't Hold Up In Court
Probation: Modification or Early Termination
Restrictions for Criminals Placed on Probation in Michigan
Dealing with the Probation Department Prior to Sentencing
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CTA Worker Faces DUI Charges in Crash with Ambulance
An off-duty Chicago Transit Authority employee faces DUI charges after allegedly crashing into an ambulance. Around 12:30 a.m. on Thursday, a Chicago Fire Department ambulance was transporting a patient and a family member to the University of Illinois Medical Center when it was involved in an accident at Garfield Boulevard and Ashland Avenue. A pickup truck allegedly driven by an off-duty CTA employee reportedly crashed into the ambulance. The driver was given field sobriety tests and arrested for driving under the influence. The occupants of the ambulance were transferred into another ambulance and taken to the hospital. No additional injuries were reported from the crash.
Off-Duty CTA Worker Suspected Of DUI In Crash With Ambulance, www.chicago.cbslocal.com, March 21, 2013
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Using Your Medical Insurance After a Car Accident in Georgia
View More Accident & Injury Articles If You Have It, Use It: “Shouldn’t the at-fault driver pay for the [...]
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Florida 10/20/Life Statute Applies to Accidental Firearm Discharges As Well
In Florida, the 10/20/Life statute is a law that provides for minimum mandatory prison sentences for people convicted of certain crimes involving guns. In such cases, if a person possesses a firearm during the crime, he/she faces a 10 year minimum mandatory prison sentence. If he/she discharges the firearm, the minimum mandatory prison sentence increases to 20 years, and if the firearm discharges and causes serious bodily injury or death to someone, the minimum mandatory prison sentence is 25 years to life.
The 10/20/Life statute applies even when the discharge of the firearm was accidental. In a recent murder case south of Jacksonville, Florida, the defendant got into a fight with another person. During the fight, the defendant took out a gun and hit the other person with it. As he hit the other person with the gun, it discharged and killed another person standing near the fight. The defendant was charged with murder for the victim who was killed and aggravated battery with a firearm for the person he hit with the gun. After he was convicted of both charges at trial, the judge sentenced him to life in prison under the 10/20/Life statute.
The criminal defense lawyer objected to the life in prison sentence arguing that 10/20/Life did not apply where the discharge of the firearm was accidental. However, the court disagreed. The court found that the purpose of the 10/20/Life law is to discourage people from having or using a firearm during the commission of a crime because the presence of a firearm increases the risk of serious injury or death. The court found that this was exactly one of the kinds of cases the 10/20/Life statute was intended to address. As a result, the life prison sentence for the accidental discharge was upheld.
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