Obviously, the best way to avoid such a charge is avoid drinking and driving in EVERY circumstance. However, if you find yourself charged with any DUI offense, but especially a DUI manslaughter or vehicular homicide, you need to hire a criminal lawyer immediately. In these types of cases, time is of the essence in order to properly defend you and potentially safeguard your freedom and civil liberties.
]]>While it may be maddening to hear these officials refuse to answer Congress regarding the peanut butter fiasco, it's well within their rights to do so.
Their refusal to answer questions is a right afforded them by the Fifth Amendment to the Constitution of the United States. It's a right against self-incrimination. It's a foundational right and part of the checks and balances system inherent in our judicial system.
It's the same right of which you may avail yourself if you're questioned by the police in a DUI stop, a drug bust, or any other potentially criminal activity. The right preserves your ability to defend yourself against the government's charges.
It may not be particularly popular, especially in light of the peanut butter scandal, but in order for it to work, it has to apply to all person irrespective of the particular situation in which they find themselves.
]]>1) it's an adminstrative hearing at which they may be present but they will not be asked or compelled to testify;
2) the hearing is a good opportunity to question the officer as to why he/she stopped you. I get to question motives and evidence PRIOR to your DUI case; this is huge in terms of the defense getting a head start in your defense;
3) the burden of proof is squarely on the law enforcement officer; in fact, if he/she is not present you'll receive your license back immediately until your DUI case is resolved;
4) your attorney is allowed the unique opportunity to size up his opponent in a setting that can only help you, his client; I'll know the law enforcement's case's strengths and weaknesses at the end of the administrative hearing;
These are huge advantages to anyone facing a potential DUI charge. If you're stopped and charged with DUI, know the particulars of the 10 Day Rule, it's to your benefit.
]]>In fact, your DUI citation acts as your temporary license to drive during these 10 crucial days. If you've just been arrested for DUI know and protect your rights!
]]>Tampa authorities estimated the Gasparilla event drew a crowd of 350,000. The 141 who were charged with crimes either spent some time in the HIllsborough County Jail or will have to present themselves in court to face criminal charges.
What started out as a day of fun and festivity for these 141 people ended in potentially life and career altering problems. Depending on the seriousness of the criminal offense, some of those arrested on Saturday will lose jobs, relationships, and will now be faced with mentioning the arrest every time they apply for an apartment or a new job. This isn't the way to kick off the new year.
]]>As I've mentioned in previous posts, breathalyzers can be notoriously inaccurate and should be refused. Field sobriety tests are not required by law and only provide incriminating, subjective evidence of impairment to the law enforcement official whose goal it is to make an arrest.
I can't emphasize enough the importance of protecting your civil rights in any encounter with the police. It is not their job to protect your rights. You have to be proactive and know your rights and the law in any given situation like this. If you're not sure, call a criminal attorney. Good representation may save you money, the embarassment of an arrest and incarceration, and potential loss of employment.
]]>It's 2009 and Joe Sullivan is 33 years old and his lawyers are asking the US Supreme Court to consider whether his life sentence at the age of 13 violates the Eighth Amendment's ban on cruel and unusual punishment. The NY Times' article noted that there's not much factual argument to the "unusual" portion of the Amendment since "only eight people in the world are serving sentences of life without parole for crimes they committed when they were 13. All are in the United States. And there are only two people in that group whose crimes did not involve a killing. Both are in Florida and both are black." Florida's Attorney General Bill McCollum has treated the case as frivolous. Fortunately, the court thought otherwise requesting a response from the state. This is not a guarantee that the nation's highest court will actually hear the case but it's a start.
Furthermore, there's disturbing trial evidence that makes a compelling case that the original trial's decision should be re-evaluated. The NY Times article noted, "
Mr. Sullivan's trial, for instance, lasted a day. He was represented by a lawyer who made no opening statement and whose closing argument occupies about three double-spaced pages of the trial transcript. The lawyer was later suspended, and the Florida Bar's Web site says he is "not eligible to practice in Florida."
There was biological evidence from the rape, but it was not presented at the trial. When Mr. Sullivan's new lawyers recently sought to conduct DNA testing on it, they were told that the state had destroyed it in 1993.
"I absolutely believe he is innocent," Bryan A. Stevenson, the executive director of the Equal Justice Initiative, said of Mr. Sullivan. Mr. Stevenson said he believed that one of the older youths who committed the burglary with Mr. Sullivan and who testified against him was probably the actual assailant."
This is an important case that should be heard by the Supreme Court. Disturbingly, our Attorney General Bill McCollum hasn't considered it so. It's time to go over his head.
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Other crimes such as fraud and larger scale theft have also seen a spike recently. Midtown St. Petersburg has been hit especially hard with the recent crime wave including yesterday's arrest of Mathew P. Kiernan and Francis Huy Du who face 4 counts each of arson. Police suspect them of setting 15 fires in a two hour period on Sunday.
This isn't good for the Tampa Bay area, especially St. Petersburg whose reputation has improved the last decade.
]]>I was very disappointed that ABC News in its updated news story this morning chose to slant its story by taking my words out of context. It's poor, sensational journalism and I'm going to call them on their behavior. This is exactly the type of thing we need to avoid in this case. I'm going to ask them for a retraction and an apology. I've already called the Chief of Police in St. Petersburg and left word with him that the story was inaccurate. The news media must be held accountable and accurately report the news. They can't distort it for their own particular purposes.
]]>St. Pete Cop Shooter's Attorney to Hold Press Conference
Criminal Attorney to Discuss Case
For Immediate Release
January 28, 2009
Contact: Peter Schweitzer
Ph: 727-421-0718
WHO: Attorney Dyril Flanagan, a local criminal defense attorney, will discuss the case including investigation of the case, his client's story and background, and the initial police reports.
WHERE: St. Petersburg Police Department Headquarters,
WHEN: January 28, 2009 at 1:00pm
WHY: There are facts in dispute or not known at this time including police procedures and the client's confession to law enforcement officials.
"Thus far, we've only heard the police department's version of the incident. In order to ascertain what happened, all facts, including my client's testimony must be heard," said Flanagan.
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All three are in serious trouble and will need a good criminal trial lawyer. The shooting and attempted murder of a law enforcement officer may bring the harshest of penalties. While the St. Pete Times is reporting that Seay confessed to the shooting we don't know the circumstances of the confession. Was it coerced? Were the three read their Miranda Rights? Did they understand them? At this point, in spite of the high emotions which rightly coincide with such a violent crime, the suspects are still just that, suspects. The crimes are still alleged to have been committed by these three. As unpopular as it may be, these three deserve to be regarded as innocent until proven guilty in a court of law not in the press or public opinion.
On a final note, my thoughts are with the 19 year police veteran recovering from substantial wounds.
]]>Whether Gwyn was provided good legal counsel was not readily available. However, the rather harsh sentence underlies the discrepancy between crack and powder cocaine convictions. Irrespective of his other criminal conviction, the other damning factor in Gwyn's case was crack cocaine. I would have to know more facts about this particular case but perhaps this is a case that could be reviewed under the crack/powder cocaine sentencing discrepancy.
]]>I never thought I'd live to see an African-American President of the United States. Yet the country of which I'm a proud citizen elected a young, talented African-American to lead us. I couldn't be prouder of the message and symbolism behind this event. Our greatness as a country is manifest in this historic event. We can overcome racial prejudice, slavery, and oppression to do rise up and lead by example. President-elect Obama (I can't wait to just refer to him as President Obama!) wasn't elected because he is African-American. The people elected him because he was capable and up to the task. He will lead us and inspire us.
I volunteered during his campaign for president. I was moved and inspired by the patriotism and idealism that I found in the hearts and minds of my neighbors and fellow citizens. In spite of our differences and the difficult economic circumstances that face us, we made a bold choice for change and leadership. This is what makes us great as a nation. We refused to be divided by race or religion. We refused to be distracted by gender or geography. Rather, we stood united as one nation committed to the Founding Fathers' ideals. That's what makes us great. That's what unites us in spite of struggle or strife. God Bless America!
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