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Seinfeld – Newman interrogation

April 23, 2010 Leave a comment

One of Newman’s best moments. Wouldn’t that be great in real life if music seriously queued in during intense moments like this.

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Criminal Defense Legal Steps

April 21, 2010 Leave a comment
Hopefully you never need to be familiar with these in real life… but just in case you do- here is a brief and general overview of criminal defense legal steps.  You can increase your chances of a successful outcome with an experienced criminal attorney on your side.
Investigation: This is when they put you in a dark room to sit on opposite of them on a desolate metal table.  Ask you a few questions with a dangling light over your head.  At least that’s how it is in the movies.  In reality evidence is gathered against the suspect whom may be questioned by a detective.  This is something that you should never agree to without first consulting an attorney.  A judge may sign an arrest warrant in the case that enough evidence is collected.
Arrest & Ministration: This is when the arrested suspect makes their guest appearance before the judge in order to have the formal charges against him/her read to them… sorta like bed time… but not.
criminal defense
Bail Bond & Jail Release: Your criminal lawyer meets with the judge on your behalf during this stage in order to attempt to convince the judge that you should be set free while your charges are fought.
Uncontested Pretrial Hearings: Your attorney finds out the information from that the prosecutor has on you to make them think you have committed a crime.  At this time your attorney can also present evidence on your behalf.
Contested Pretrial Hearings: Your attorney challenges the law/facts that are being held against you in the case.  Some things a good attorney will attempt to do is argue that – “hey the cops messed up in the investigation”, force certain evidence that the prosecution may be withholding to be turned over, or convince the judge that certain evidence shouldn’t be allowed in the trial.  In an “Absolute World” – your attorney would be able to prove that there isn’t enough evidence against you and the charges would be dismissed.
Plea Agreement Negotiation: A favorable plea agreement with the prosecution can be negotiated if the evidence against the suspect is sufficient.  The prosecution may drop some charges, reduce other charges, agree to a lesser sentence or agree to probation instead of jail time.
Trial: In the event that a plea agreement isn’t reached the case will go to trial and the defendants choose whether a jury or a judge hears the case.  If the suspect is found not guilty, he or she is free to go. If the jury returns a guilty verdict, the case moves into the sentencing phase.
Sentencing: At this point in the trial, the jury or judge hears more evidence. This time the testimony is primarily about what kind of person the accused is. This will help the jury or judge decide what punishment is appropriate for this crime and this person.

The Criminal Interrogation of Mr. Bookman

April 21, 2010 Leave a comment

Bad year for libraries, bad year America. Hippies burning library cards, Heavy Huffman telling everybody to steal books. I don’t judge a man by the length of his hair or the kind of music he listens to-rock was never my bag. But you put on a pair of shoes and walk into a New York Public Library fellow…

What Will Be My Punishment if I Am Convicted of a Cleveland Drug Violation?

April 20, 2010 Leave a comment
If you are charged with any drug-related offense, the best course of action is to hire a good defense attorney. In Ohio, drug violations can yield prison sentences up to ten years per offense—even longer, in certain cases.
Penalties for drug offenses vary depending on the following factors:
• Type of drug or controlled substance
• Quantity of controlled substance
• Location of sale or manufacture
Cocaine possession can result in strict penalties
Penalties for cocaine possession depend mostly on the quantity.  In Cleveland, cocaine possession of up to five grams is a fifth degree felony.  It carries a prison sentence of six to 12 months and a fine up to $2,500.
For larger quantities, Cleveland cocaine possession of one kilogram or more is a first degree felony and qualifies the convicted as a major drug offender.  The court must impose a mandatory minimum sentence of ten years, may impose a fine up to $20,000, and—at its discretion—may impose up to ten years additional jail time.
Drug Crime
Crack possession and sale bring even stricter penalties
Penalties for crack possession and sale are even stricter.  In Cleveland, crack distribution of one to five grams is a fourth degree felony.  It carries a penalty of six to 18 months in prison and a fine up to $5,000.  If the Cleveland crack distribution takes place in the vicinity of a school or of a child, it becomes a third degree felony, with longer jail time—one to five years—and a fine up to $10,000.
Distributing or transporting 100 grams of crack or more is a first degree felony, and qualifies as a major drug offense.  It carries a mandatory minimum of ten years in prison, an additional sentence up to ten years, and a fine up to $20,000.
Manufacturing illegal drugs is a serious offense
Manufacturing illegal drugs likewise carries stiff penalties.  Manufacture of almost all types of illegal drugs is a second degree felony, with a mandatory sentence of two to eight years and a fine up to $15,000.  If the manufacture takes place in the vicinity of a school or child, it becomes a first degree felony, punishable by three to ten years in prison and a fine up to $20,000.
You need skilled legal representation
If you are accused of any drug-related crime, call the Ohio drug laws Law Offices of Gregory Scott Robey at  888-228-5545.  They know the ins and outs of and provide every client the best possible defense.

If you are charged with any drug-related offense, the best course of action is to hire a good defense attorney. In Ohio, drug violations can yield prison sentences up to ten years per offense—even longer, in certain cases.  Penalties for drug offenses vary depending on the following factors: • Type of drug or controlled substance• Quantity of controlled substance• Location of sale or manufactureCocaine possession can result in strict penaltiesPenalties for cocaine possession depend mostly on the quantity.  In Cleveland, cocaine possession of up to five grams is a fifth degree felony.  It carries a prison sentence of six to 12 months and a fine up to $2,500.For larger quantities, Cleveland cocaine possession of one kilogram or more is a first degree felony and qualifies the convicted as a major drug offender.  The court must impose a mandatory minimum sentence of ten years, may impose a fine up to $20,000, and—at its discretion—may impose up to ten years additional jail time. Crack possession and sale bring even stricter penalties Penalties for crack possession and sale are even stricter.  In Cleveland, crack distribution of one to five grams is a fourth degree felony.  It carries a penalty of six to 18 months in prison and a fine up to $5,000.  If the Cleveland crack distribution takes place in the vicinity of a school or of a child, it becomes a third degree felony, with longer jail time—one to five years—and a fine up to $10,000.Distributing or transporting 100 grams of crack or more is a first degree felony, and qualifies as a major drug offense.  It carries a mandatory minimum of ten years in prison, an additional sentence up to ten years, and a fine up to $20,000.Manufacturing illegal drugs is a serious offenseManufacturing illegal drugs likewise carries stiff penalties.  Manufacture of almost all types of illegal drugs is a second degree felony, with a mandatory sentence of two to eight years and a fine up to $15,000.  If the manufacture takes place in the vicinity of a school or child, it becomes a first degree felony, punishable by three to ten years in prison and a fine up to $20,000.You need skilled lawyer.  If you are accused of any drug-related crime, call the Ohio drug laws Law Offices of Gregory Scott Robey at 888-228-5545 or visit them online here http://www.ohio-criminal-lawyer.com/ .  They know the ins and outs of and provide every client the best possible defense.

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Murder She Wrote- The Good Ol’ Days

April 14, 2010 Leave a comment

Man for some reason I got caught up remeniscing on the good old days of Murder She Wrote…. don’t act like you didn’t watch it.

Florida Justice System

Florida and California have more in common than what meets the eye.  Both find themselves having issues with overcrowded prisons and unbalanced state budgets.  Currently, Florida’s budget gap is more than $3 billion.  A major expense to the state is found in their prison systems.  Cost look something like buildings at $100 million each and operations $24 annually!

In aim to both decrease expenses but increase safety, Florida has been hearing what groups such as the Smart Justic Coalition, The Collins Center for Public Policy and even the well respected budget watchdogs of Florida TaxWatch.  In a 2009 summit on justice hosted by the Smart Justice Coalationand Collins Center for Public Safety concluded that states such as Texas have been able to successfully lessen crime while decreasing the public expense of prisons.  Florida should follow in its suit.

These aren’t the only groups of individuals creating buzz around this topic.  Tampa Republican Senator Victor Crist and Orlando Representative Sandy Adams have shared there insight on crime reducing tactics such as a division of nonviolent offends to drug court instead of incarceration.  This would serve as a double “whammy” reducing costs and creating a situation to rehabilitate the behaviors of ex-offenders with civic responsibility.  Among other groups worth mentioning are the Florida Department of Corrections, Fort Lauderdale Representative Ellyn Bogdanoff, Office of Drug Control in the Governor’s Office and the Correctional Policy Advisory Council.

Florida seems to slowly be strategically moving on improving the way their current justice system works in order to make it more cost effective while increasing the safety of its residents.  It would be interesting to get input from an experienced Miami Beach criminal attorney.  It is time the state starts to figure out how to decrease costs while investing in promoting human potential.

Florida is showing signs of intelligent leadership in improving its criminal justice system in a way that enhances public safety while promising to decrease costs.

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Holy Rusted Metal Batman! Discharge of student loans without undue hardship claim?

April 1, 2010 2 comments

Indeed it’s true.  For all of you who owe big time for that fancy diploma of yours I suggest you read up.  This part March, the US Supreme Court unanimously ruled in the case of Student Aid Funds, Inc. v. Espinosa that even if a student hasn’t filed a claim of “undue hardship” a bankruptcy court can discharge a student loan debt.  This endorses the Ninth Circuit of the US Court of appeals decision which stated that a student loan can be discharge with Chapter 13 if the notice of the plain is received by the creditor without objection.  Justice Clarence of the courts stated the following.

“Where, as here, a party is notified of a plan’s contents and fails to object to confirmation of the plan before the time for appeal expires, that party has been afforded a full and fair opportunity to litigate, and the party’s failure to avail itself of that opportunity will not justify … relief. We thus agree with the Court of Appeals that the Bankruptcy Court’s confirmation order is not void.”
This new ruling clearly puts the US Supreme Court and the Ninth Circuit on the same page.  In recent months the Supreme Court has been faced with several issues in bankruptcy such as Hamiltion, Chapter 13 Trustee v. Lanning on the topic of calculating debtor’s.  The court ruled in early March in the case of Milavetz, Gallop & Milavetz v. US that lawyers should not be considered as debt relief agencies.  This is clearly stated under the Bankruptcy Abuse Prevention and Consumer Protection Act.

Look this isn’t as simple as it sound and every case has its own details.  If you think this may affect your loan situation reach out to a local attorney for guidance.

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