Jurors in a criminal case should not form definite opinions on the case before hearing all of the evidence. Jurors are not supposed to discuss a case with each other until all of the evidence has been presented. The standard jury instructions direct jurors not to form a fixed opinion or discuss the case before all of the evidence has been presented. The Florida Supreme Court has held that a premature discussion of the case by jurors is improper. If a party believes there was a premature discussion, that party may move to interview one or more jurors to determine if the verdict is subject to a legal challenge. This issue was recently before the Fifth District in the case of Phelps v. State. In this case, the trial court had ordered the jury not to deliberate before all of the evidence had been heard, but the defendant’s mother stated an alternate juror told her that there had been discussions before the case was submitted to the jury. …
Florida Jury Can’t Discuss Case before Time for Deliberations – Phelps v. State
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Defendant Challenges the Limits of a Court’s Ability to Fashion Probation Terms
In many cases, a defendant may find that a plea bargain is in his or her best interest. A judge has wide latitude in determining what the conditions of probation will be. A recent case has affirmed a Court’s ability to restrict someone from driving as a condition of probation. Probation Ordered After Accident The case arose when the defendant was accused of trying to pass another driver. While doing so, the Defendant allegedly exceeded the speed limit, in the lane going in the opposite direction. The Defendant crashed into an oncoming vehicle. Both occupants of the oncoming vehicle later died. Continue reading
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New Article on Wisconsin Sentencing
My paper on Wisconsin sentencing for Oxford Handbooks Online is now available. Apologies for the paywall. Here is the abstract: This essay provides an overview of sentencing policies and practices in the state of Wisconsin and considers their impact on the state’s imprisonment rate. Current policies and practices are placed in historical context. Since 1980, state policy has increasingly emphasized the role of the local sentencing judge in determining punishment. Most importantly, a 1998 law ended discretionary parole, which had served as a check on the increasing severity of judge-imposed sentences. Although the state’s prison population remains near its record high of the mid-2000s, there seems little interest in adopting new restrictions on judicial sentencing discretion or otherwise restructuring the sentencing and corrections system in a fundamental way. The essay concludes by describing some more modest reforms that seem politically viable in the…
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What is the Cannabis Law in Illinois?
Cannabis, more commonly known as marijuana, is illegal in the state of Illinois. Despite the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1) becoming effective as of January 2014, recreational use, distribution, and sale of marijuana in any quantity remains a crime in the State of Illinois. Many people downplay the severity of being charged with a marijuana offense, though such a conviction can have a significant impact on your personal and professional life. The punishments associated with marijuana possession vary depending on the quantity of marijuana involved, the amount of previous convictions the offender has, and where/how it is being sold to others, if the charge is for delivery of marijuana. According to 720 ILCS 550/4, the sentencing guidelines are as follows: Up to 2.5 grams – Class C Misdemeanor -$1,500 fine and/or up to 30 days in jail; 2.5-10 grams – Class B Misdemenor – $1,500 fine and/or up to 6 months in jail; 10-30…
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Drunken Double Standard?
Readers of my Illustrated Guide to Law have frequently asked about a seeming double standard in criminal law when it comes to drunkenness. On the one hand, a person who is too drunk to think will be liable for crimes he commits; but on the other hand, a person who is too drunk won’t be able to consent to sex, even if she said yes. If you’re drunk, your actions are voluntary… unless you were having sex, in which case it was involuntary. It sounds like the rules change once sex enters the picture, and only then does alcohol absolve one of responsibility. The rules really don’t change, however. There’s just two different rules, for answering two very different questions. So for my non-lawyer readers (you lawyers already know this 1L stuff, go read another post or check out the awesomeness over at Fault Lines), here’s what’s going on: With liability, the law is trying to decide whether you should be punished…
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St. Patrick’s Day Fun 2016: What Not To Do
St. Patrick’s Day Fun 2016: What Not To Do Enjoying St. Patrick’s Day is always a blast in the state of New Hampshire. Many towns such as Manchester offer parades and festivities to celebrate the Irish culture, offering dancing, drinks and more. The 21st Annual Manchester St. Patrick’s Day Parade will be on Sunday, March 29th. When you plan on celebrating St. Patrick’s Day, it can be fun to dress in all green, have a few beers and spend time with family and friends. However, there are aspects of the celebration that can have an unsafe affect, such as drinking and driving. Below are a few tips on what not to do as you celebrate the unique holiday. Avoid Drinking Too Much Continue reading →
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Refusing a Standardized Field Sobriety Test in Wilmington, NC
What are the Consequences of Refusing to Do Standardized Field Sobriety Test in North Carolina? Wilmington criminal defense attorney Gint Krulikas Seeing the flashing blue lights of a police car in your rearview mirror can instantly cause your heart to skip a beat. However, this stress can become even more amplified when a police officer asks you to step out of your vehicle and perform standardized field sobriety tests. At this point, a simple traffic stop has turned into a Driving While Impaired (DWI) investigation, which, based off of the officer’s observations, may lead to a DWI arrest. As such, what are the consequences of refusing to do standardized field sobriety tests in Wilmington, NC? Field Sobriety Tests Due to a growing need for tools to aid police officers in identifying potential drunk drivers, the National Highway Traffic Safety Administration (NHTSA) established several different field sobriety tests. The three tests that are used in North Carolina…
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St. Patrick’s Day Fun 2016: What Not To Do
St. Patrick’s Day Fun 2016: What Not To Do Enjoying St. Patrick’s Day is always a blast in the state of New Hampshire. Many towns such as Manchester offer parades and festivities to celebrate the Irish culture, offering dancing, drinks and more. The 21st Annual Manchester St. Patrick’s Day Parade will be on Sunday, March 29th. When you plan on celebrating St. Patrick’s Day, it can be fun to dress in all green, have a few beers and spend time with family and friends. However, there are aspects of the celebration that can have an unsafe affect, such as drinking and driving. Below are a few tips on what not to do as you celebrate the unique holiday. Avoid Drinking Too Much Continue reading →
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Woman with Tree Stuck in Car Grill Arrested for DUI
A woman in Illinois was recently pulled over on suspicion of driving under the influence (DUI). What tipped off police? The fact that the woman had not only run into a 10-foot tree, but also the fact that the tree was still stuck to the grill of her car. Pulled Over for DUI While it was obvious that the woman driving this car was impaired, police officers will often need to rely on other indicators of potential DUI. These indicators include a car that is swerving erratically, or a driver that is not following posted speed limits or traffic signs. Police are always scanning the road to ensure that people are driving not only safely, but also soberly. When a driver is pull over and is suspected of driving under the influence (“DUI“), their first thoughts might be on the officer’s question, “Have you had anything to drink today?” The First Step in a DUI Investigation is Being Pulled Over You cannot be forced to answer this or any other incriminating…
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Ramsay Law Firm Introduces Jay Adkins As Our Newest Member
Ramsay Law Firm is proud to announce that Jay S. Adkins, Esq., will be joining our firm as an associate attorney, effective immediately. As the youngest son of a prosecutor, Jay grew up in Rochester, Minnesota, with a special interest in the law, especially criminal law and the United States Constitution. Jay attended law school at the University of St. Thomas School of Law in Minneapolis, where he excelled in the areas of criminal law and oral advocacy: receiving the Dean’s Award for Trial Advocacy and Criminal Procedure II, placing third in St. Thomas’ 2013 - 2014 Intramural Moot Court Competition, and competing at the McGee Civil Rights Moot Court Competition. As a law student, Jay worked as a Certified Student Attorney at the Olmsted County Attorney’s Office, handling everything from arraignments to contested evidentiary hearings and writing appellate briefs to the Minnesota Court of Appeals. After graduation, Jay…
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Juror Selection, Imposition of Fees, and Your Rights in a Domestic Violence Assault Case in Washington
A recent decision by the Washington Court of Appeals, which upheld a man’s conviction for assault, offers some useful insight on two separate aspects of criminal trials. In deciding to uphold the trial court’s decision, the appeals court ruled against the accused man because it determined that the way the state made challenges to certain potential jurors was not improper, and that the accused man did not follow the right procedure for contesting the legal financial obligations imposed by the trial court. In the case, the state accused Jeremy Brinson of committing second-degree assault (domestic violence) on his girlfriend. In any criminal trial, both the state and the accused can reject certain potential jurors without having to offer a reason. In Brinson’s case, each side conducted these peremptory challenges at sidebar, meaning they orally communicated each challenge off the record. The court was open to the public while this took place. The court…
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There Are Many Potential Weapons Charges in Washington
Are you facing a weapons charge? In Washington there are many possible weapons charges and they are all taken seriously. They can stand by themselves, such as illegal possession of a firearm, or they can be in conjunction with another criminal charge, as is the case with armed robbery. You’re understandably concerned what this will mean to your future. You are possibly upset and thinking, “Don’t I have the right to bear arms in this country?” That right does exist and Washington does uphold it but they have placed certain legal restrictions on that right. As mentioned there are a wide variety of possible gun crimes but they fit into a few categories. The first category of weapons charges is if a gun is used to commit a crime – this can result in harsher sentencing. This is because Washington has in its laws what it calls weapons enhancers. This means that you can get sentenced for a crime and then extra time added if there was a weapon involved.…
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Pennsylvania after House vote now appears poised to become next big medical marijuana state
As reported in this local article out of the Keystone State capital, the "House on Wednesday approved allowing the medical use of marijuana in Pennsylvania, sending the legislation to the Senate, which has approved medical cannabis bills in the past." Here is more: The vote was 149-43, with all voting...<img src="http://feeds.feedburner.com/~r/MarijuanaLaw/~4/F3ImPUOBCfQ" height="1" width="1" alt=""/>
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NEW YORK KNIFE BILL TO STOP OUTRAGEOUS “GRAVITY KNIFE” ARRESTS IN NEW YORK CITY CLEARS A KEY SENATE COMMITTEE
As New York Criminal Defense Lawyers we have sounded the alarm on numerous occasions about the draconian enforcement of New York Knife laws by New York City Police Officers and the 5 New York City District Attorney’s Offices. Now an amendment to the New York State Penal Law may severely restrict those arrests if the bill passes the full Senate and the New York assembly. The scope of the problem is enormous. A report in the Village Voice found that more than 60,000 individuals have been arrested for possessing common pocket knives. The problem stems from the definition of a “gravity knife” found in New York Penal Law 265.00(5). The definition essentially includes as a gravity knife, any lock back knife that can be opened by the application of centrifugal force. That is to say that if a 250 pound police officer can “flip” opened a knife, the knife can be a considered a gravity knife. The proposed fix to the law would require prosecutors to…
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Navigating the Oklahoma Workers’ Compensation Process
Especially since the Employee Injury Benefit Act went into effect, the Oklahoma workers’ compensation laws are a bit confusing to understand. We put together this infographic based on the Oklahoma Workers’ Compensation Commission timeline to help you understand how the new administrative judge process works. It’s clear that hiring an experienced attorney is going to give you the best outcome for your workers’ compensation case because of the complicated nature of the new laws. Contact Laird Hammons Laird to get your consultation started. The post Navigating the Oklahoma Workers’ Compensation Process appeared first on .
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“Fantastic Lies” and Corporate Criminal Prosecution
When the past is dug up in documentaries (or docudramas), events are often sensationalized. This practice is of long pedigree: Shakespeare was not above amping up an old story when it suited his needs. Unfortunately, few filmmakers are at Shakespeare’s level, and the sensationalism ends up being no more than that. The viewer has no better sense of the past than he did when he began. The only sense the viewer has is the sense that she has been had. On the other hand, from time to time a documentary digs up the past but cools down the facts, making them approachable in a way that would have been impossible at the time. The participants have aged or died; passions have cooled; and political or emotional scar tissue has formed. Such is the latter case with the recently released ESPN “30 for 30” film about the Duke lacrosse case, Fantastic Lies. — ESPN (@espn) March 14, 2016 Produced by Marina Zenovich with only a modest…
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Will My Los Angeles Marijuana Possession Charge be an Infraction?
When you have been arrested and charged with the possession of marijuana, the amount of marijuana you have in your possession will help determine how you will be charged. If you have less than one ounce in your possession, you will be charged under California Health and Safety Code 11357(b). This code section states in relevant part: “Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100)” An infraction is generally just a fine. There is no probation, or community service, or rehabilitation classes. An infraction is similar to a traffic ticket. It does not go on your permanent criminal record and rarely has to be disclosed on employment or education applications. Continue reading
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Elements of a Los Angeles Hit and Run
In order for a person to be charged and convicted of a Los Angeles Hit and Run, the prosecutor must prove two elements: There was damage to property, or injury to person The driver must have made no effort to provide contact information. Continue reading
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Listen to Joshua Adam Engel on Plunderbund Podcast
This week on the Plunderbund Podcast we discuss the results of the hard fought Presidential Primaries in Ohio. Hillary Clinton and John Kasich were able to beat back tough challenges — what does this mean for Ohio in November. Our second topic is some of the other notable races in Ohio that were decided on primary day, including the ouster of the Cleveland Prosecuting Attorney. Finally, we end as we do every week with Predictions. Joe Mismas and Joshua Engel are joined this week by lawyer and political consultant Gena Shelton. Links: The NYT Results feature the the map of GOP results we reference in the podcast. Bernie Sanders Speech at Democratic Legacy Dinner Hillary Clinton Speech at Democratic Legacy Dinner Don’t forget to Subscribe in iTunes. Please follow us on Twitter: @plunderbund or Like us on Facebook. Follow Joshua Engel: @joshuaadamengel Follow Gena on…
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Foxx and Brown Win Democratic Nominations in Illinois
Kim Foxx will be the democratic candidate for Cook County State’s Attorney, defeating current State’s Attorney Anita Alvarez. Alvarez came under fire after waiting a year to file murder charges against an officer accused of shooting teenager Laquan McDonald 16 times. Charges were pressed only after a judge ordered the squad-car video be released to the public. Many accused Alvarez of a “cover-up.” Foxx previously worked as chief aide to the Cook County Board President and worked in the juvenile division of the Cook County State’s Attorney’s office for years. In November, Kim Foxx will face-off against Republican nominee Christopher Pfannkuche. Dorothy Brown, who is serving her 4th term as Cook County Circuit Court Clerk, will be the democratic nominee in the upcoming election despite the federal probe into her office. While Brown did not have a majority of the vote (48 percent), she dominated over the other candidates, Michelle Harris and…
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