#non-violent parole review lawyer

[calparolelawyer]

Understanding Your Rights with a Non-Violent Parole Review Lawyer

Navigating the parole process in California can be complex, especially for non-violent offenders. With the right legal representation, you can better understand your rights and improve your chances of a favorable outcome. Here’s what you need to know.

The Role of a Non-Violent Parole Review Lawyer

A non-violent parole review lawyer can significantly improve your chances of early release by expertly navigating the legal system. A parole review lawyer specializes in assisting individuals seeking parole after serving their sentence for non-violent offenses. They provide essential support, helping you navigate the legal system. Their experience is invaluable during hearings, where decisions are made regarding your eligibility for early release.

Why Legal Representation Matters

Trust a California parole hearing attorney to advocate for your rights and prepare you thoroughly for your upcoming hearing. Having a knowledgeable attorney by your side can significantly impact your parole hearing. They will ensure that all your rights are protected throughout the process. This legal representation can help you prepare your case effectively, allowing you to present your story clearly and compellingly.

Understanding the Parole Hearing Process

As a non-violent parole review attorney, we focus on building a strong case that highlights your rehabilitation and readiness for reintegration. Parole hearings are crucial in determining your eligibility for early release. During the hearing, various factors are considered, such as the nature of your offense, behavior while incarcerated, and plans for reintegration into society. A skilled attorney will guide you through this process, ensuring you present all relevant information.

Building a Strong Case for Parole

To strengthen your case, your attorney will gather necessary documents and evidence that support your claim for parole. This may include character references, proof of rehabilitation programs completed, and a clear plan for your future. These elements can demonstrate your readiness for reintegration.

A Path to a Fresh Start

Engaging a non-violent parole review attorney can pave the way for a new beginning. Their expertise helps ensure that your rights are upheld and your case is presented effectively. With proper guidance, you can increase your chances of receiving the favorable outcome you deserve.

Conclusion

We are committed to providing experienced legal assistance for individuals seeking parole. At Cal Parole Lawyer, Our team understands the intricacies of the parole process and is dedicated to protecting your rights.

[dweemeister]

Kiss of Death (1947)

When 20th Century Fox put together the pieces to launch a production of film noir Kiss of Death, the picture was to be a vehicle for leading man Victor Mature. Mature had impressed Fox’s chief executive, Darryl F. Zanuck, in a supporting performance as Doc Holliday in My Darling Clementine (1946). Zanuck wished to reward the Fox contractee with a starring role, buying the rights to the film’s story with Mature in mind. But no one at Fox expected what would happen next: an actor debuting in his first film role would overshadow Mature. Kiss of Death marks the cinematic debut for Richard Widmark, best-known at the time for his Broadway work in pleasant, romantic comedy roles. For his first movie appearance, Widmark – and I don’t write something like this lightly – provides one of the most terrifying debuts in film history. This is not to downplay the performances (of Mature, Brian Donlevy, or fellow debutant Coleen Gray) or the filmmaking, but Widmark’s performance alone make Kiss of Death – directed by Henry Hathaway, from a screenplay by Ben Hecht and Charles Lederer – an essential film noir.

After a failed jewelry store robbery on Christmas Eve, ex-con Nick Bianco (Victor Mature) is offered leniency from New York City Assistant District Attorney Louis D’Angelo (Brian Donlevy) if Nick can provide the names of his accomplices to the robbery. Against all common sense and in the belief his accomplices will take care of his wife and daughters, Nick refuses. He is handed a twenty-year sentence in Sing Sing. Several months into the sentence, he learns that his wife has committed suicide following a rape by one of his accomplices* and that his daughters have been handed over to an orphanage. Former babysitter Nettie Cavallo (Coleen Gray) divulges this news to Nick, who then indicates his desire to cooperate with the ADA. In an arrangement agreed to by D’Angelo and Nick’s lawyer, Earl Howser (Taylor Holmes), Nick becomes a jailhouse informant and is given the possibility of an earlier parole. While serving as a jailhouse informant, he will encounter Tommy Udo (Widmark) – who, eventually, uses any means at his disposal to keep Nick silent about his plans and partners-in-crime.

The film also stars Mildred Dunnock (appearing briefly in one of the most memorable scenes in any film noir), character actors Howard Smith and Millard Mitchell, and only the second credited film for eventual star Karl Malden.

Before commenting on how the performances heighten what could have been your run-of-the-mill film noir, Norbert Brodine’s (1938’s Merrily We Live, 1949’s Thieves’ Highway) cinematography and J. Watson Webb Jr.’s (1944’s The Lodger, 1952’s With a Song in My Heart) editing are superb. One only has to watch the opening moments of the film to witness the benefits of their collaboration. The failed robbery scene is a textbook example of economical filmmaking. Webb’s cutting neither lingers nor moves away too rapidly for the audience’s comprehension. Brodine’s strategic placements of his camera and use of blocking – of Mature, the supporting actors, extras, and the production design – ratchets up the tension, suggesting without any words how little room for error there is in this operation. Small details such as what level an elevator is on allow the audience to agonize – however much we do not want to see this robbery succeed – over the robbers’ wasted seconds. In Kiss of Death’s tensest scenes, this mercurial combination splices into moments that will shock and unnerve. Kiss of Death is an ideal counterargument to black-and-white film’s uninformed naysayers but, more compellingly, an entry point for film noir novices.

When complemented with Richard Widmark’s performance, Kiss of Death becomes horrifying. Widmark’s face often sports a toothy half-grin that only serves to intimidate. To make matters worse, as Tommy Udo, his staccato snigger accompanies a grin belying a man unhinged, delighting in his sadistic and psychopathic ways. Udo’s disconcerting voice and manner of speech reveals a character as slippery as a soapy eel. The way he tells a cop prodding for information that, “I wouldn’t give you the skin off a grape,” comes laced with dismissal, menace, and even playfulness.

It is difficult to watch the harm Tommy Udo brings to others. But Widmark is so convincing in the role, it is impossible to keep one’s eyes off of him. If you are aware about the basics of the Hays Code, you can easily guess Tommy Udo’s fate. But beyond the scope of the film’s narrative, the character inspired certain men in American colleges and universities to form Tommy Udo clubs or fraternities. These clubs and fraternities codified Udo’s disgusting male chauvinism – as if colleges and universities needed any more such behavior. It is a magnificent about-face from Widmark’s Broadway roles at the time; his actual off-screen persona (by all accounts, Widmark was one of the kindest people in Hollywood and was known to apologize for any hurtful words or behaviors he performed while in character on a film shoot); and many of the upstanding roles he would play later in his career.

Though outshone by Widmark, Mature strikes the balance of being a former hoodlum and caring parent. His physical acting cannot hide his character’s violent past, but – akin to his performance as Doc Holliday the previous year – there is ample room for melancholy and remorse. Mature pairs well with Coleen Gray, whose innocent demeanor recalls her later performances in Red River (1948) and other film noir projects.

Speaking of film noir, most noir is set in an urban environment and filmed on a soundstage. Kiss of Death is no exception to this rule, but a decent portion of the film was shot on-location in New York City and numerous interiors do not feel as if shot on a soundstage. The Bianco family home has a riverfront view in Queens and the interior and exteriors of the Chrysler Building (where the opening heist is filmed), Criminal Courts Building, Sing Sing (Hathaway had Mature and Widmark go through a simulation of convict processing to help them embody the mindset of a prisoner), among other locations. Quotations from the main theme of Alfred Newman’s score to Street Scene (1931) bolsters the authenticity of the film’s New York environment. In terms of backgrounds and production design, there is little sense of artificiality that might have emanated from an all-too-obvious soundstage. Hathaway’s direction posits Kiss of Death as documentary-like without ever quite crossing the lines of fiction and non-fiction. In combination with the performances, these decisions, in aggregate, elevate Kiss of Death from just another film noir. No disrespect intended to the esteemed and prolific screenwriters, Ben Hecht (1932’s Scarface, 1946’s Notorious) and Charles Lederer (1940’s His Girl Friday, 1960’s Ocean’s Eleven), but this was not their most original screenplay – ideologically, structurally, or in terms of character development.

Other reviewers have noted how Tommy Udo might have been influenced by the Joker from the Batman comics. Some go further, claiming that Widmark was a fan of Batman and based Udo’s persona on the Joker and that actor Frank Gorshin based his portrayal of The Riddler in the 1960s Batman television series on Udo. There are no primary sources to confirm any of these claims. If any prior narrative media influenced Widmark’s performance, I cannot confirm any such claims however convincing, on the surface, they might be. The provenance of the influences of and by this performance remains a mystery.

Kiss of Death derives its power almost solely from its performances and nail-biting action. The latter is almost entirely accomplished with slower and/or less motion than one might expect. It is another tribute to the editing’s manipulation of space and time that segments featuring a steady walk, a seemingly ordinary dinner table conversation, or a character sitting alone in darkness watching the movement across the street can leave viewers with wide eyes and goosebumps. Kiss of Death may not stake a claim to being one of the best examples of film noir. Yet through its incredible performances and dramatic ferocity, it will leave impressions that will jangle even the most composed viewers.

My rating: 8/10

^ Based on my personal imdb rating. Half-points are always rounded down. My interpretation of that ratings system can be found in the “Ratings system” page on my blog (as of July 1, 2020, tumblr is not permitting certain posts with links to appear on tag pages, so I cannot provide the URL).

For more of my reviews tagged “My Movie Odyssey”, check out the tag of the same name on my blog.

* Actress Patricia Morrison (1943′s The Song of Bernadette, 1946′s Dressed to Kill... but better known for her stage performances) was cast as Nick Bianco’s wife. She filmed both the rape and suicide scenes, but both were cut in the final print. It is unknown who – Hathaway? Kohlmar? Zanuck? – made this decision. But I imagine that the Production Code Administration, applying the Hays Code which forbade such depictions, might have been instrumental in forcing Fox to drop the scenes.

[lastsonlost]

This is what it looks like when you can't see past your own bias.

Aka: what happens when your lived experience is inconvenient to the narrative.

By Andrea Thompson

Watching the movie “Brian Banks” is...awkward. To some extent, it's a classic sports underdog movie, but the struggles Brian Banks had to overcome are anything but conventional. As the movie continually points out, he's exceptional. And he is, in more ways that this movie is aware of.

Based on a true story, which the movie is quick to point out with dramatic music (uh oh), the title character, played by Aldis Hodge, muses on his great love for football, which he was on track to play professionally until he was stopped in his tracks at 16 years old. It's how he was stopped that would make anyone pause; Banks was falsely accused of rape by a classmate.

After some bad legal advice leads to jail time and some years struggling to navigate the conditions of his parole (and having to register as a sex offender), Banks struggles to simply find a job while simultaneously fighting to clear his name and reclaim his life. He also repeatedly writes the Innocence Project and asks them to take his case. Refusing to give up even after they reject him, Banks goes to meet with the lawyers on the project in person, first convincing them to give him advice, then take him on, and finally, actively fight for him.

It's impossible not to get invested in just how much Banks had to overcome, from his poverty-stricken childhood and the various legal road blocks that threaten to end his fight before it even begins. Banks wasn't imprisoned, so he was not a priority for the Innocence Project, and since he took a plea rather than going to trial, he needs completely new evidence rather than simply using what was already discovered. He also has to stay sane in jail, especially when he's put in solitary. Banks even took the initiative and managed to record his accuser recanting her confession.

Except. Except. Well, there was going to be misgivings about this film being released during the #MeToo Era, wasn't there? That the film would fully embrace Brian's perspective and his struggles is natural, even admirable. However, this type of story demands more, and what the movie doesn't say is far more noteworthy than what it does. It doesn't mention that the percentage of false rape accusations are not only incredibly low, the conviction rate for them is even lower. It limits its empathy for what many women have gone through to one scene, where Banks's love interest Karina (Melanie Liburd) reveals she was raped in college, and how devastating the aftermath was for her.

Even if there's little to no doubt of Brian's innocence, it's hard not to wince as his accuser is subjected to the kinds of questions which are used to discredit actual victims, as the men questioning her ask just what she expected to happen when she went off alone with Brian, why she didn't shout, etc. It also doesn't help that Brian and the people assisting him are all easily identifiable as various levels of middle class while his accuser and his family are...not so much, let's just say.

Yes, Brian Banks suffered a terrible injustice, and he proved himself to be exceptional not just for his athletic prowess, but the strength of character it took to fight for the truth over a period of years. The performances are also incredible, and help to elevate this movie above the simplistic melodrama it would otherwise be, although it also depicts faith and how it can be a bedrock for those in pain more respectfully than most mainstream films are typically capable of. It's all in service of someone who deserves to be vindicated, but it shouldn't have to come at the expense of so many other victims.

Rating: C-

Fortunately I wasn't the only one who took issue with this "review".

Cassandra3

This is a disgusting review of a great film. I can not believe that I read what I just read. And also why did you put "(duh duh)" after saying it was a true story. You give Feminism a bad name and I am embarrassed to even have someone like you even pretend to fight for women's rights. SMH

Andree4

This is a wretched review, that quite possibly reveals deep-seated implicit biases, on your part. You didn't review the movie, you made a political statement, rooted in radical feminist, and male-hating rhetoric. This man, along with other men of similar misfortunes, is the victim-not the woman who accused him. He is a human being, that has every right to have his story told, unmolested by contrived issues that would shift the focus off of him, onto a non-victim. And so what if his economic status is above his false accusers status: does it then justify her lies against this man, that resulted in his imprisonment? Nice attempt at a fake out, but I'm sorry-you miserably failed. At the core it appears as if you feel more sorry for false accusers of men, than the men who are falsely accused by these liars. It appears that way, in light of you inserting that jab. This pitiful analysis betrays your binary agenda: all women are truthful and good, in spite of potential liars and deceivers amongst them, whereas all men are just BAD-because they're men. And God help the men if they are assertive, confident and forthright, for then they'll be accused of having TOXIC MASCULINITY, whereas a woman with those same qualities will be labeled a BOSS. Look at the woman in the mirror...

Crystal4

This is a horrible review of the movie. It doesn’t even review the movie. It more about your perspective in the Brian Banks case. I have never seen so much bias. You make it sound like the movie forces you to see Brian Banks as a victim. When in all reality he IS the victim. He was accused of raping his girlfriend and it was completely false. It was prisoned and register as a sex offender. His whole life changed on a lie from a girl who’s family wanted money. What other victims did it come at the cost of ? He just telling his story. SHOULD HE LIE OR WATER IT DOWN, BECAUSE IT HURTS YOUR SENSITIVE IDEALS ? Should he not get justice? Please explain to me what you are trying to say.

Jesse4

Even in the face of a story that proves there are two sides to this extremely challenging issue, you demonstrate that you have no regard for men who can see their lives completely destroyed when false allegations happen. This review is equivalent to me watching The Accused then writing about how it was important to shine a light on violent gang rape, but not if the movie didn’t properly explore situations where men were jailed over false allegations. I also love how you threw in the problem with WHITE MEN when the movie is about a BLACK WOMAN FALSELY ACCUSING A BLACK MAN OF RAPE. Your ideology clouds your vision to where the hierarchy of victimhood drives all understanding of right/wrong and how any narrative should be interpreted. It’s transparent to 90% of us, but your kind lives in an echo chamber. You aren’t more educated...you’re more indoctrinated and I’m looking forward to the cultural shift that sees your viewpoints thrown in the dustpan of history.

Gordon Shumway4

At no point in this cinematic review did you review the movie on its story-telling, 'watchability', acting, or general movie presentation. You took your biased, personal opinion about the story, and decided that it does not fit your false narrative that the female is always the victim.

[the-final-straw-blog]

Organizing in Alamance County, NC

Organizing in Alamance County, NC

This week on the show I’m speaking with three folks engaged in organizing in the rural Alamance County, North Carolina, and it’s capital of Graham. All three work with the 501c4 political non-profit, DownhomeNC which in Alamance has been working on a range of engagements including running local candidates for office, doing get-out-the-vote work, sparking conversations with rural residents of the county, running a bail fund and working on bail reform, rent relief and operating food distribution. Dreama Caldwell, one of our guests, ran on a platform of bail reform to be the first Black woman elected to the County Commission, though she was not elected, is a mother, and as an Abolitionist has been working to abolish cash bail and change the condition for people of Color and poor folks as relates to the Alamance courts and jail. Sugalema is an organizer, a mom, and the daughter of undocumented parents from Mexico who’s been living in Alamance for the last decade. Gwen is a mother from a white, working class background who has also worked to support Alamance organizers through Downhome on a number of campaigns. You can learn more about the organization at DownhomeNC.org and their various social media pages.

As a side note, the folks who produce The Final Straw do not endorse electoralism as a strategy for lasting change or community power. We are anarchists. There are plenty of places you can go to find anarchist critiques of engaging in electoral politics, sometimes with anarchists or anti-authoritarians advocating limited engagement in elections but usually calling for abstention. Even though DownhomeNC is not an anarchist organization, we do feel like the experiences of Sugalema, Dreama and Gwen are important to share because they talk about the work of changing minds and building relationships in the rural south where an autonomous left or anarchist movement doesn’t exist… like most of the world. They are intelligent and impassioned women doing hard work to grow community resistance and engagement. Abolition also includes the complicated work of decreasing the harm caused by systems of oppression like the police, courts, borders, white supremacy and capitalism while simultaneously building discourse against those institutions that impose harm. We really hope that listeners will get a lot from this conversation.

Announcements

Eric King updates

Anarchist and antifascist prisoner Eric King caught covid at FCI Englewood, alongside over a hundred other prisoners, thanks to the ineptitude of his captors at the BOP who have been moving staff between Englewood and FCI Florence where an outbreak had been ongoing. His trial for defending himself from an attack by a prison officer has been pushed back to April of 2021. In good news, his mail ban appears temprorarily lifted and his website hosts his book list again. He’s been able to receive letters, magazines and books for the first time in years. Check out the update at SupportEricKing.org and send Eric some love.

To hear our interview with Eric from last year, visit our website.

Xinachtli Parole Support

    "Xinachtli," as. many of you know, means literally in English, "Seed," or, as Comrade "X" likes to phrase, it from a prisoner's perspective, "Germinating Seed" and s/n Alvaro Luna Hernandez, is a Chicano/Mexicano-Anarchist Communist and Anti-Imperialist Internationally-recognized Political Prisoner, has suffered long enough from a (50-year) bogus Aggravated Assault conviction rife with racist civil rights abuse and judicial misconduct.

      The contrived & trumped-up Aggravated Robbery charge brought by Sheriff McDaniel without the authority of a warrant, was thrown out later at trial, but through prosecutorial chicanery, allowed the assault charge to stick being a paroled felon. 

       The so-called Aggravated-Assault charge, which should've amounted to a 'misdemeanor,' occurred with his near-term pregnant wife nearby in their own front yard, as he, showing no demonstrative violent aggressive behavior, correctly disarmed the Sheriff as he drew his service revolver in anger as "Xinachtli" challenged his authority to attempt an arrest in a situation that could've proved lethal for all three, mother, baby, and most surely "Xinachtli" himself. The local authorities hated him and his family and his labor organizing in Brewster County, Alpine, Texas. 

       Many of you already are familiar with this abuse of authority yarn, but, does bear repeating, as he is still held captive for this injustice in 'STG' (Security Threat Group) status, studying law and assisting other prisoners with their appeals, while continuously sharing, and germinating his revolutionary thoughts and ideals in cocoon-like solitary confinement, at the repressive TDCJ-CID James V. Allred Unit, 'Supermax' Gulag, in Iowa Park, Texas, marooned in the North Texas' Red River Valley. Texas prisons are now one of the nation's COVID-19 virus' 'hotspots,' and the courts are refusing to intervene, WHILE PRISONER DEAD BODIES PILE UP IN LOCAL MORGUES. "XINACHTLI" is an elderly person, with his life in danger.

       Presently, "Xinachtli" is preparing for his (1st) upcoming 'Parole Review Hearing,' on July 18, 2021. We are in need of help with a groundswell of support from the Prison Abolitionists, Human Rights, Indigenous, and Prison Activist Movement communities. TBPP suggests that FEW, clear & concise letters are preferred, to place in his case-file for review; lazy eyes is a disguise with TBPP Parole Panels. So, let's blast 'em with a barrage of letters to help us ensure that his 'Review' is an impartially-heard (Hearing?) by traditionally 'parole-stingy' Texas Board of Pardons & Parole Commissioners; and is a successful one. 

       Try to include in the letter, that"Xinachtli," though, he has tested 'COVID-19 - negative,' and in recent months received a 'flu shot,' he has hypertension that's medicated, and is ostensibly cured of Hep-C, he nonetheless will be 69 years old next May 12th, 2021; so the Corona Virus danger rages on!   

       Also include, a solid confirmation that there's a solid support system waiting, available opportunities of employment, residence, and transportation, as well as psychological/coping support and a period of adjustment, are all important - he's been in a solitary 'time-capsule, the worldwide 'spider' web has exploded on the social scene since his conviction in June of 1997. 

       Please address all your Letters of Support for "Xinachtli" with his registered name, ALVARO LUNA HERNANDEZ, and prison number, TDCJ-CID#00255735 

You can mail the letters to his lawyer:

Allen D. Place

Attorneys at Law

109 S. 7th Street

Gatesville, TX, 76528

To hear Xinachtli telling his story in his own voice, check out our website.

Check out this episode!

[mypersonallawyer-blog]

House Arrest In Florida

Have you ever thought about how a house arrest works? Before you consult with a criminal defense lawyer, Jacksonville, FL, here are essential details you should check out.

The Definition Of A House Arrest

A house arrest, also known as the Community Control Supervision Program, is used as an alternative against imprisoning for qualified law offenders. In Florida, a house arrest is not a way to be kinder or easier on offenders, but it allows them a punishment that gives them a rehabilitation option while still being with their loved ones.

Who Is Eligible For A House Arrest?

Most of the people who are eligible for a house arrest in Florida State are offenders who have a stable employment history. The usual people who are approved for house arrest are non-violent offenders, first-time offenders, and juvenile offenders whose crimes are at a level where probation is too lenient while imprisonment too harsh.

According to the Florida Commission on Offender Review, house arrest can only be given to people who fit the following three groups:

Parole violators who were charged with misdemeanors and technical violations.

Probation violators who were charged with misdemeanors and technical violations.

People guilty of felonies, who made serious offenses and with past criminal charges.

If you are someone in a similar case, you should call for a criminal defense lawyer Jacksonville Florida to advocate on your behalf.

What Rules Should Be Observed By People On House Arrest?

The house arrest can be seen as something simple, it also comes with specific rules and regulations. These include the following:

Reporting to the assigned officer

Filling out a weekly schedule

Filling out a daily log that accounts for all of your activities

Undergo drug tests

Request permission to leave the house for whatever reason

The only events that a person on house arrest can do are going to work, going to school, community service, going to worship services, and staying only within the house and the yard.

Conclusion

Whether you are someone seeking for house arrest or someone who wants to contest a decision for a house arrest, your best bet is to discuss the facts of your case with the best criminal defense attorney Jacksonville FL to help you plan out your next move.

Also, just in case you are looking for an employment lawyer in Jackson Florida, please contact:

The Law Office Of David B. Sacks 4494 Southside Blvd #101 Jacksonville, FL 32216 +1 (904) 758-8160

[floridaindependentblog]

There are over 642,750 lawyers available in the country. If you need a criminal justice lawyer, however, it’s easier to narrow down your options.

When it comes to a criminal case, you want to choose someone qualified to advocate your rights. Otherwise, you could end up facing jail time. By finding the right crime lawyer, you can build a defense for yourself.

What does a criminal lawyer do exactly, and how can they help?

Keep reading to find out! In this guide, we’ll review everything you need to know about criminal lawyers.

Discover the representation you need today

A Brief Overview

What does a criminal lawyer do if you were charged with a crime? For starters, criminal lawyers work to defend individuals and organizations. They’re equipped to handle a range of criminal cases, including:

Driving under the influencer (DUI)

Theft

Fraud

Embezzlement

Sex crimes

Violent crimes

Drug crimes

Domestic violence crimes

A criminal justice lawyer is responsible for defending your rights and best interests in these cases. Criminal defense lawyers are responsible for acting as legal representatives for defendants in criminal law court cases. They’ll work on behalf of the defendant to achieve the best possible outcome for the case.

Duties and Responsibilities

Now that you have a criminal defense lawyer job description handy, let’s discuss the lawyer’s duties and responsibilities.

Criminal lawyers represent defendants in state, federal, and appellate courts. The lawyer is responsible for defending their client, which can include:

Bail bond hearings

Plea bargains

Trail

Revocation hearings (probation or parole)

Appeals

Post-conviction remedies

A criminal justice lawyer has many responsibilities that can help them defend their clients. These include:

Investigating the case in question

Gathering evidence and interviewing witnesses

Researching case law, statues, crime codes, and procedural law relevant to the case

Building a defense

Determining a case strategy

Negotiating a plea bargain or lesser charges with the prosecution

Drafting, filing, and arguing motions (including a motion to dismiss or suppress

Advocating for the defendant at trial

Drafting, filing, or arguing appeals

With each of these responsibilities, the lawyer’s goal is to protect their client from prosecution.

Salary

How much a criminal just lawyer makes depends on their experience, the size and scope of their practice, and their location.

Criminal lawyers usually make the highest salaries when they work at a law firm. Experienced criminal attorneys can make up to six figures. The highest-paid lawyers, however, usually represent high-stake, high-profile, wealthy clients.

A crime lawyer’s salary can also differ based on the type of lawyer.

For example, prosecutors argue the case for the state against criminal defendants. They make between $35,000 and $90,000 a year.

Public defenders, on the other hand, and criminal defense attorneys who defend citizens unable to pay for a private attorney. They make slightly more than prosecutors at a median of $50,400 a year.

Private defense lawyers, on the other hand, can have different salaries based on how many cases they take and what they charge. These lawyers usually bill hourly. Others might charge a flat rate for specific types of cases.

The median annual rate for a private lawyer is $118,660.

Education

Like all lawyers, a criminal lawyer will need to complete a bachelor’s degree before earning their law degree. It usually takes seven years for them to obtain both degrees.

Then, the criminal attorney will need to pass the bar exam in the state they plan on practicing in to obtain their license. If you’re searching for a lawyer, make sure they’re listed on the local bar association website as a licensed attorney. If they’re not, keep looking.

Some crime law firms require lawyers to earn board certification from the National Board of Legal Specialty Certification (NBLSC). This organization is a non-profit that’s accredited by the American Bar Association. The NBLSC provides board certifications for attorneys.

It’s also an outgrowth of the National Board of Trial Advocacy.

Skills and Abilities

What does a criminal lawyer do to defend their clients? These lawyers need a variety of skills to succeed in trial.

For example, a talented criminal attorney will need strong oral and written advocacy skills. They’ll need to argue their client’s case before a judge and jury. A lawyer will also need to write out their arguments and complete thorough paperwork.

Next, look for an attorney that has strong research and investigative skills. These skills are important as the attorney builds their client’s case. Otherwise, they could fail to build a strong defense.

The best criminal lawyers are also creative.

They’ll use their creative-thinking and analytical skills to develop a sound legal strategy. The lawyer will need to analyze case law and litigate complex cases as well. These creative-thinking skills will help them appeal to a jury in court.

Look for a lawyer that has plenty of legal knowledge and experience. Their hands-on legal experience can give them an advantage in court. After all, people learn from experience.

A lawyer will need a detailed understanding of all state, federal, and local rules, too. Their understanding of court procedures, local judges, and evidentiary laws can help as they navigate the criminal justice system.

The strongest lawyers have efficient interpersonal skills. These skills allow them to build a strong client-attorney relationship. If the client and attorney don’t trust one another, it could cause delays in the case.

Some criminal defendants go through multiple lawyers before they find one they like and trust. A skilled lawyer will know how to attract and retain their clients. Otherwise, they could have a difficult time building their practice.

If you’re looking for a qualified attorney, criminal lawyer Craig Orent can help.

Environment

These lawyers often work full-time for over 40 hours a week. Some attorneys work in large firms or private practices, which could require them to work longer hours. They’ll need this time to prepare and review documents or research a case.

Some criminal lawyers work for non-profit agencies or the government as public defenders.

What Does a Criminal Lawyer Do?: Your Guide to Building Your Defense

What does a criminal lawyer do again? They work hard to defend your rights and help you avoid criminal charges. Now that you know more about criminal lawyers, you can find the one best equipped to handle your case.

Searching for more tips? Explore the Safety and Survival section of the blog today.

The post What Does a Criminal Lawyer Do? This is Everything You Need to Know appeared first on Florida Independent.

[freecityradio]

Zayid Al-Baghdadi on COVID-19 impacting prisoners in Quebec + reflection on diaspora in this time

Right now the prison population in Montreal and across Quebec is really vulnerable to the #COVID19 pandemic, today it was announced + reported on via Radio-Canada that there is a confirmed case in Sherbrooke prison.

First for a mutual aid request, I am appealing to any graphic designers in this space for us to work on a series of graphics to raise the alarm about the prison population and the dangers that prisoners are facing right now, if you are into working on a design, please send a direct message, or email stefan.christoff@gmail.com, thank you !

Also I called a long time friend, lawyer and awesome nay (Iraqi flute) player Zayid Al-Baghdadi this afternoon to ask about this issue, given that Zayid is a progressive criminal defence lawyer. Also we talked about the COVID-19 pandemic in general and the situation in Iraq where Zayid has extended family.

This exchange is part of the ongoing Free City Radio interview series. Also to note Zayid plays nay in the awesome Ensemble Al-Zahawi !

Stefan : Wondering what you have been hearing from people you work with regarding COVID-19 in prisons and in general about the situation facing prisoners around Quebec in this context ...

Zayid : If this virus spreads in prisons, we will have a disaster. Prisons simply can't handle COVID-19 infections in a safe way, medically, we are talking about small over populated spaces, plus a lot of the space in prisons is communal, if it spreads in prisons, it will spread fast there.

Stefan : Do you think that the Quebec gov. is taking this seriously ?

Zayid : I think that the gov. will have to start taking this seriously when and if there is an outbreak of COVID-19 in prisons.

I think there are people who have COVID-19 in prisons, because there are people who are sick who have obvious symptoms, but there are many, many people who have it and have no symptoms, or it just seems like they are just a little sick, like a cold and given that they aren't testing systemically in the prisons it seems that we are going toward a potential prison outbreak of COVID-19.

Stefan : So, the government should be testing systematically ?

Zayid : Yes for sure.

I think right now, that state prosecution needs to consider the risk of detention when requesting that a person remains in custody.

Yes, we need to weigh the safety of the victims, because usually when a person is facing continued detention the safety of the victim is considered, so in those circumstances when someone is in danger, I understand why someone could remain in custody, there are many reasons, real reasons why someone could be a danger, but even for those jailed this pandemic needs to be taken very seriously for prisons.

For most who are currently jailed or detained there is no violent crime involved and we need to take the context into consideration and try to get people released from jail, immediately.

Unfortunately the great number of people behind bars are in jail for trivial reasons, I see this all the time in my work, these are people who maybe broke their conditions, or consumed alcohol when they weren't suppose to, many are behind bars for relatively trivial things, often because of social circumstances, poverty, or related reasons, they are put behind bars.

Right now, given these circumstances, state prosecutors, the crown, need to keep an open mind, as they should always by the way, but if someone is breaking conditions, and if they aren't conditions that are designed to protect someone from a serious situation, the crown needs to release that person, actually they need to release as many people as possible.

For serious matters it is different, people accused of murder or serious assaults, but most people aren't in jail for these things, it is usually for small crimes. So most people should be released.

Right now because the courts are mostly shut down, there aren't many cases, but there are detention review hearings, so this all needs to be considered for these hearings. In general the crown must consider non custodial sentencing.

Stefan : So are you talking about this with other legal colleagues ?

Zayid : Honestly we aren't talking are much as normal right now, because we aren't gathering at the courts day-by-day.

But I do speak with people, lawyers and think that lawyers need to really prioritize getting people out of custody right now. The more people you have in custody right now the more we are putting oil on the fire in the prisons, in the context of COVID-19.

Given the fact that we aren't doing systemic testing, in prisons, people might be carriers without exhibiting symptoms and you know prisons are revolving doors, people who are locked-up after being arrested are often quickly released pre trial, so prisoners going in and out, or just staying in while others enter and leave, meaning that the prison population is rotating and in danger, but that also puts the entire population in danger, as people often get out of jail quickly and this will spread the pandemic.

Right now we need to do everything possible to not jail people and release non violent offenders, while providing good health services in prisons, which is actually difficult, but this is all important to consider.

Today it was announced one person in Sherbrooke prison has COVID-19, how many people was this prisoner exposed to ? I don't know what type of protocol they have in the jails exactly, but I do know that it is not a hospital in there.

This also goes for parol hearings, so for conditional releasing and stuff, the parol boards have to be far more open minded and lenient in light of this epidemic.

Basically it is important that the government acts and thinks about trying to reduce, as much as possible, the incarcerated population. I don't know how many more arrests have taken place since this began, but something tells me there will be a decline in arrests, but nonetheless there will unfortunately be an increase in conjugal violence, so people will be arrested, so these people will need to be kept in custody, at least for the first appearance, but if the person arrested shows sufficient grounds to illustrate that the victims is not in danger, then dentition should be a last resort, but in that case we need to set-up other protocols. But if the person is held, for good reason, we need to think about the medical situation in prisons, this is very urgent.

Stefan : So these are general principals that are urgent to consider right now ?

Zayid : This all depends on how long this all transpires, how long the confinement takes place, how long before the end of CIVVD-19. However it is clear that there needs to be action taken regarding the situation in the prisons ASAP regarding this pandemic.

Stefan : So your working here in Montreal, with your family, but you also have family in Iraq, many are living the experience of the epidemic between two places because family is in different parts of the world. Are you thinking about Iraq ?

Zayid : I do have many relatives there, so the problem with Iraq is that there are so many pre-existing challenges in Iraq, the fears are big, the fear of getting kidnapped, or the fear of having a bomb explode, or getting targeted, but now also COVID-19.

It isn't that bad so far right now in Iraq, but Iran is a super extreme situation, so this means that it will impact Iraq. I don't think that the government in Iraq has the ability to provide adequate statistics, due to lack of infrastructure, you can't really trust the information that is provided. Also the gov. in Iraq simply doesn't have the set-up for mass testing, so I am really worried.

Stefan : So this relates to the entire situation for Iraq, COVID-19 happens in the larger context of social and economic injustice, of major corruption that people in Iraq have been protesting about this past year.

Zayid : So yes, since the 2003, with the U.S. invasion the public infrastructure hasn't been super great, this impacts people right now. In a way the Iraqi government is trying to use this moment to highlight that they are doing something, but that isn't really happening.

Also this crisis is taking momentum away from the mass anti corruption protests that have been happening, so the virus is distracting, but also the virus is also dangerous, absolutely.

Stefan : I imagine that the Iraq public health system is already super saturated.

Zayid : Yes exactly and it lacks resources.

Stefan : So as lawyer, as someone active in the community, as a musician, as a father, what have you been reflecting on during relative confinement.

Zayid : I have come to the point now that my biggest concern is making sure we get through this unscathed, as far as our health, and that the people dear to us, the most vulnerable, our parents, our grandparents, making sure they don't get sick, this is of course my biggest concern.

Stefan : Great to hear your family is all doing well. Thanks for sharing this. What are your reflections about society at large ?

Zayid : Also to be honest my thoughts right now are really surrounding the fact that this will really change the ways that people think permanently, our entire society.

This is the first great global disaster in our life time, a situation where an entire school semester is practically cancelled and peoples jobs are totally comprised.

It makes me think about how within our consumer society, we have become a society very accustom to having access to all the product we desire, but once that supply has been impacted, we panic, which I get, but we need to think about this critically.

A great deal of people are living way beyond their means, house debt is very high, we take a lot for granted, so when you put something like this in the picture it really destabilizes everyone. But it also makes you think that maybe we are living in excess, that maybe we should try to moderate our life styles, our excesses.

I am thinking about how this is going to change the ways the world functions, this is a reflection more about the developed countries, where it is all about the bottom line, about economic growth, but the thing is, that if this economic growth is at the expense of global health we have a serious problem, which is clearly the case right now.

It also makes me think about how good it is to have a strong public system, a strong social, welfare state, if we don't have a safety net that is strong enough to deal with situations like this, for people to live decently, they many will die, I am really worried for the U.S. in this regard.

My biggest concern and my fear is that the largest benefactors, after this is all over, will be corporations, the Liberal government is trying to bail out big corporations from filing from bankruptcy, but in fact is that real people need this bailout money, regular citizens, these companies could be lent money, at a low interest or in exchange for liquidity, but to hand out money like this, as we saw in the 2008 financial crisis, then that is a bad look and is financial injustice, that can't happen again.

[calparolelawyer]

Youthful Offender Parole Attorney: Your Second Chance

Are you or a loved one facing legal issues related to California Youthful Offender Parole? It's a challenging situation, but there is hope and a second chance. A Youthful Offender Parole lawyer can be your ally in navigating the complex legal landscape. In this blog, we'll discuss the role of a Youthful Offender Parole attorney and how the Youthful Offender Parole Board can provide an opportunity for rehabilitation and a fresh start.

Understanding California Youthful Offender Parole

Instead of serving time in the regular adult prison system, eligible individuals can be considered for parole after serving a portion of their sentence in the Division of Juvenile Justice. This program recognizes that youthful offenders have the potential for rehabilitation and should not be subjected to the harsh realities of adult prisons.

The Role of a Youthful Offender Parole Lawyer

They have a deep understanding of California's complex legal system and can help you present your case effectively to the Parole Board. Their expertise can make a significant difference in whether you are granted parole or not. They will guide you through the necessary steps, paperwork, and hearings, ensuring that you have the best chance at a successful outcome.

The Youthful Offender Parole Board

The Youthful Offender Parole Board is responsible for reviewing and deciding whether an individual is eligible for parole under the YOP program. They consider factors such as the nature of the offense, the inmate's behavior while incarcerated, and their potential for rehabilitation. Having a skilled attorney by your side can help you make a compelling case to the board, increasing your chances of being granted parole and gaining a second chance at life.

In conclusion, if you or someone you know is facing the challenges of California Youthful Offender Parole, don't hesitate to seek the assistance of a Parole lawyer. They can be your best ally in the pursuit of a second chance and a brighter future. Contact our experienced team at https://www.calparolelawyer.com to learn more about how we can help you navigate the path to parole. Your second chance awaits.

[thebesthonestlawyerjournal5-blog]

What Does a Felony Lawyer Do?

Criminal lawyers, also known as criminal defense lawyers as well as public defenders, work to protect people, organizations, and entities that have actually been billed with a crime. Criminal legal representatives take care of a diverse range of criminal situations, ranging from domestic violence crimes, sex criminal activities, violent crimes and drug criminal activities to driving drunk (DUI), theft, embezzlement, and also fraudulence.

Crook Lawyer Duties & Responsibilities

Criminal legal representatives represent accuseds encountering criminal charges in state, government as well as appellate courts. Their scope of method includes bail bond hearings, appeal bargains, trial, cancellation hearings (parole or probation), charms and also post-conviction solutions. As component of the legal representative's job functions, a criminal lawyer will:

Check out the case as well as interview witnesses

Research study instance regulation, statutes, crimes codes, and also procedural law

Develop a defense as well as establish an instance method

Bargain with the prosecution to appeal deal to lesser costs

Draft, file and also say activities such as activities to reject and movements to suppress

Supporter for the defendant at test

Draft, documents and also suggest appeals

Lawbreaker Lawyer Salary

Lawbreaker attorney incomes differ, relying on the size and also range of the practice, the clientele the company serves as well as the geographic place of the firm. Public defender as well as non-profit incomes are generally small (the $30,000 to $50,000 variety is common).

Criminal lawyers used in law practice typically make the highest possible incomes; experienced criminal attorneys can earn well into the six numbers. The greatest paid criminal lawyers are commonly those that stand for prominent, affluent defendants in high-stakes cases.

According to the U.S. Bureau of Labor Statistics (BLS), the salary array for all attorneys, consisting of criminal attorneys, is as adheres to:

Average Annual Salary: $120,910 ($ 58.13/ hour).

Leading 10% Annual Salary: More than $208,000 ($ 100/hour).

Base 10% Annual Salary: Less than $58,220 ($ 27.99/ hr).

Resource: U.S. Bureau of Labor Statistics, 2018.

Education, Training & Certification.

The education and also various other demands to exercise as a criminal lawyer are as complies with:.

Education and learning: Like all lawyers, criminal lawyers should first finish a bachelor's level, then acquire a legislation degree. The two degrees commonly take a total amount of seven years to complete.

Permit: Criminals lawyers must pass the bar exam in the state in which they mean follow this link to practice.

Certification: Some criminal lawyers make a board qualification from the National Board of Legal Specialty Certification (NBLSC). The NBLSC is a non-profit organization certified by the American Bar Association to supply board certification for lawyers as well as is an outgrowth of the National Board of Trial Advocacy.

Criminal Lawyer Skills & Competencies.

Criminal legal representatives must have a selection of added skills to do well in their jobs, consisting of the following:.

Composing and also speaking skills: Excellent dental and written advocacy skills in order to suggest a client's instance before a court and also encourage a jury.

Study and also investigative skills: Investigative and also study abilities are also vital in building a client's situation and establishing a solid defense.

Innovative and also logical abilities: Strong creative thinking as well as analytical abilities to establish a lawful method, analyze instance legislation and also litigate complex instances.

Legal understanding as well as experience: In-depth understanding of state, government and also neighborhood rules, court procedures, evidentiary legislations, and also local courts to browse the criminal justice system effectively and also capably.

Social skills: Excellent interpersonal skills are essential to build a solid client-attorney connection. Wrongdoer defendants are a finicky group that in some cases go through many attorneys before deciding on one they like. For that reason, the capacity to bring in and also keep clients is essential to a successful criminal protection technique.

Work Outlook.

Criminal law is an expanding method particular niche. As criminal offense rates spiral upwards as well as criminal laws transform, the number of individuals sentenced to prison has risen almost threefold over the previous 30 years. Criminal activity rates have actually boosted and also jail populations are taking off throughout the nation. As new criminal laws are ordered and also extra Americans are billed under state as well as government laws, the requirement for criminal attorneys to safeguard the charged will likewise climb.

According to the BLS, the growth in tasks for all lawyers, including criminal attorneys, from 2016-2026 relative to other professions and also industries is 8%. This development price contrasts to the predicted 7% development for all professions.

Work Environment.

Most criminal lawyers work in personal practice or in a solo firm. Criminal legal representatives typically work long, uneven hours. Many criminal lawyers keep a local technique.

Job Schedule.

Many lawyers work full time hrs as well as many work over 40 hours weekly. Attorneys functioning either in huge companies or secretive method typically function extra hrs, preparing and also reviewing documents, as well as performing research.

Just how to Get the Job.

MOCK TRIAL AND MOOT COURT EXPERIENCE.

Numerous criminal attorneys start their professions as district attorneys or public protectors. A public defender is an attorney designated by the court to stand for accuseds that can not pay for a lawyer. Mock trial and moot court experience in legislation college are valuable as it enables the lawyer to develop oral campaigning for abilities and also acquire trial experience in a substitute setup.

NETWORK.

Go to lawful sector occasions to make calls at law practice and fulfill potential working with companions or gain references.

Comparing Similar Jobs.

People thinking about a criminal legal representative job additionally think about the following profession paths, detailed with their mean annual wages:.

Juries & hearing police officers: $117,190.

Paralegals & lawful aides: $50,940.

Mediators, moderators, & conciliators: $62,270.

Resource: U.S. Bureau of Labor Statistics, 2018.

[nulawtoronto]

Appeal Court Upholds Dangerous Offender Designation for Man Who Withheld HIV Status

In the recent decision of R. v. Gracie, the Ontario Court of Appeal upheld the lower court’s decision designating Daniel Gracie (“Gracie”) a dangerous offender for withholding his HIV status from women, despite making legal errors.

WHAT HAPPENED?

Gracie, of Indigenous ancestry, was adopted by non-Indigenous parents as an infant.  He moved out of their home at the age of 15, at which point he became involved with the criminal justice system.  He has 25 youth convictions and 10 adult convictions.

In early 2010, Gracie was at the apartment of his friend C.C.  After an evening of drinking, he had asked her to have sex with him several times and she refused each time.  She then went to bed as she was feeling ill and tired.  He was planning on spending the night on the futon in her living room.  When C.C. woke up the next morning, her vagina was sore and semen was leaking out of it.  Gracie eventually admitted that he had sex with her while she was asleep.  Approximately, one year later C.C. found out that she had contracted HIV.

A second complainant, M.N., also accused Gracie of withholding his HIV status.  The two had an on-again off-again relationship between 2008 and 2011.  When the couple began dating again in 2011, they had unprotected sex after Gracie confirmed that he did not have any sexually transmitted diseases.  After watching a police media release naming Gracie as an HIV-infected individual charged with sexual assault, M.N. sought medical treatment and confirmed that she had contracted HIV from Gracie.

In the past, Gracie had been convicted of sexual assault causing bodily harm for the violent rape of a sex worker.  While he served his sentence for this crime, he was charged and convicted of counseling the murder of the police officer who was investigating the sexual assault incident.  He was also convicted of other crimes while he was on probation for these previous offences and committed the sexual assaults that were the substance of the appeal.

THE SENTENCING HEARING

Gracie pleaded guilty to two counts of aggravated sexual assault.  At his sentencing hearing, there was evidence to prove that Gracie had been advised by doctors and his probation officer regarding the risks of having unprotected sex and his legal obligation to disclose his HIV status to all potential sexual partners.

The trial judge at his sentencing hearing designated Gracie as a dangerous offender.  This is a legal designation only reserved for those individuals who are repeatedly convicted of violent or sexual crimes.  Crown prosecutors can apply for this designation under section 753(1) of the Criminal Code during the sentencing hearing where it can be shown that there is a high risk that the offender will commit violent or sexual offences in the future.  This designation results in an automatic imprisonment for an indeterminate period, with no change of parole for seven years.

The sentencing judge ruled that Gracie was to remain incarcerated indefinitely.

THE APPEAL

Gracie appealed the lower court decision granting him the label of dangerous offender and his indeterminate jail sentence.  Gracie argued that the sentencing judge did not properly conduct a prospective risk assessment and failed to take his Indigenous background into account during sentencing.

The three judges on the bench for Gracie’s appeal unanimously agreed that while the sentencing judge did not conduct the risk assessment until the penalty stage, rather than completing it before declaring him a dangerous offender, the verdict would have remained the same.

The appeal court held that the evidence proved that Gracie could not be trusted in the community as he had been found on all assessments to pose a moderate to high risk of violent or sexual reoffending.

The court also found that given his diagnosis of antisocial personality disorder and psychopathic traits, he would be less responsive to treatment.  Furthermore, Gracie had never showed signs of a willingness to take part in corrective programming during his previous incarcerations.

Lastly, although the sentencing judge did not reference having reviewed a report regarding Gracie’s Indigenous background, the appeal court held that those factors would not have affected the sentencing decision.  The appeal court noted that Gracie’s biological mother was Indigenous, however, he was adopted as an infant by a non-Indigenous family and moved to Toronto.  The court stated:

His life of crime began in his teenage years and he did not meet members of his biological family until much later in life, after he committed the predicate offences. …

The risk of sexual and violent recidivism was the product of his serious personality disorder, his poor treatment and supervision history, and the dim prognosis for meaningful change.

If you are facing sexual offence charges or have any questions regarding your legal rights, please contact Durham region criminal defence lawyers Affleck & Barrison LLP.  We have a reputation for effective results in defending all types of criminal legal charges.  We offer a free initial consultation and a 24-hour phone service.  Contact our office online or at 905-404-1947 to speak with one of our experienced criminal defence lawyers today.

Full Article: https://criminallawoshawa.com/appeal-court-upholds-dangerous-offender-designation-for-man-who-withheld-hiv-status/

[douglasacogan]

"For Justice and Decarceration, Enact Second-Look Sentencing"

The title of this post is the headline of this new commentary authored by Steven Zeidman in the Gotham Gazette. Here are excerpts:

Regardless what one thinks of presidential pardons, we should reflect upon a simple truth — convictions and sentences meted out at one point might not be appropriate decades later.  That is especially true for many people currently serving life or massive prison sentences.

Many have argued for sentence commutations for specific classifications of people. In recent years, the Supreme Court has recognized that judges sentencing young people, even for violent crimes, must consider lack of maturity, impulsivity, and the inherent potential for change, and so reformers are asking courts to resentence those serving long prison terms for crimes committed when they were young. Many people advocate for medical parole or compassionate release for the elderly and infirm.  Others focus on people deemed to be low-level, non-violent drug offenders.

At the heart of the problem, however, are all the people serving draconian sentences for crimes committed when they were adults and who are not, at least not yet, suffering from any debilitating illness or in any other “special” category. In fact, it is the “normalcy” of so many cases that highlights the issue we must confront....

Last year, the venerable American Law Institute, a non-governmental organization of judges, lawyers and academics, approved the first-ever revisions to the historic Model Penal Code.  The MPC, taught in virtually every law school, was developed in 1962 to introduce uniformity and coherence to the myriad criminal codes in the 50 states, and serves as a model across the country.  The update to the Code took more than 15 years to complete and yielded a comprehensive 700-page report.

The ALI focused specifically on sentencing in order to address the decades of punitiveness that led to the current state of mass incarceration, made all the more shameful by the significant racial disparities in American jails and prisons. One recommendation in particular addresses the epidemic of 2.2 million people behind bars. The Code now calls for state legislatures to enact a “second look” provision; to create a mechanism to reexamine a person’s sentence after 15 years no matter the crime of conviction or how long the original sentence. If the original sentence remains unchanged, it would be revisited every ten years thereafter.

While many will sound the alarm for “truth-in-sentencing” or the need for finality, the second-look provision asks a very basic question — are the purposes of sentencing better served by a sentence modification or by adhering to the original sentence imposed many years earlier? The commentary to the Code cites a host of utilitarian reasons why long sentences should not be frozen in time, suggesting that “governments should be especially cautious” and act with “a profound sense of humility” when depriving people of their freedom for most of their adult lives.

The commentary notes further that new developments might show that old sentences are no longer empirically valid, as current risk assessment methods claim to be better at predicting risk of recidivism than those previously used. Similarly, new rehabilitative approaches might be discovered for people who at the time of their sentencing were thought resistant to change.

The second-look provision is bold and unprecedented — to actually redress the past 50 years of mass incarceration requires nothing less, as most proposed criminal justice solutions and reforms are prospective and have no impact on those people currently in prison. Further, executive clemency in the form of sentence commutation has also proven to be of limited utility as Presidents and Governors are loath to exercise this power to any serious and meaningful degree.

Second-look allows for mid-course correction if warranted by some measure of changed circumstances -- major changes in the offender, his family situation, the crime victim, or the community — that merit a different sentence.  It is consistent with the growth of restorative justice that seeks to move away from the punishment paradigm of the last several decades.  Second-look also allows the sentencing determination to be made in a calmer atmosphere than existed at the time of the original sentencing, so that any notoriety, outside pressure, or inflamed passions may have abated.

Bills have been introduced in the New York State Legislature regarding parole eligibility for people who are least 55 years old and have served at least 15 years of their sentence, and while the devil may be in the details, they are not insurmountable.  There will be costs associated with establishing second-look processes but money will ultimately be saved as more people are sent home.  Releasing people from prison is often controversial and even one crime committed by a releasee can threaten to shut down any second-look process, so there must be carefully constructed guidelines, created by myriad stakeholders, to ensure the independence of the decision-makers, and that all decisions are consistent, defensible, and transparent.

Mass incarceration is not just about unnecessarily incarcerating masses of people.  It is about unnecessarily keeping masses of people in prison for decades.  A sentence once imposed is not thereby automatically rendered, just, fair and appropriate in perpetuity.  Ultimately, second-look mechanisms are meant to recognize and value the possibility of change and transformation, and to intervene when drastically long sentences are indefensible.

Regular readers should know that I am a big fan of second-look sentencing mechanisms, so I am a fan of this commentary even though it does not fully engage with the reality that second-look provisions in the new MPC are only critical because of the MPC's advocacy for abolishing parole mechanisms. Parole mechanisms (as well as robust use of clemency powers) served for the bulk of the 20th Century to help address many of the problems identified in this commentary. That said, I would favor a world with both a well-structured parole mechanism and second-look sentence provisions so that both the executive branch (via parole) and the judicial branch (via resentencings) can and will review the propriety and necessity of a sentence over time.

I have written about a number of second-look concerns and related issues in a a number of article through the years, and here is just a sampling of these writings:

"Re-Balancing Fitness, Fairness, and Finality for Sentences"

"Reflecting on Parole's Abolition in the Federal Sentencing System"

"Encouraging (and Even Requiring) Prosecutors to be Second-Look Sentencers"

"Leveraging Marijuana Reform to Enhance Expungement Practices"

"Turning Hope-and-Change Talk Into Clemency Action for Non-Violent Drug Offenders"

"Exploring the Theory, Policy and Practice of Fixing Broken Sentencing Guidelines"

"The Enduring (and Again Timely) Wisdom of the Original MPC Sentencing Provisions"

from RSSMix.com Mix ID 8247011 http://sentencing.typepad.com/sentencing_law_and_policy/2018/06/for-justice-and-decarceration-enact-second-look-sentencing.html via http://www.rssmix.com/

[benrleeusa]

"For Justice and Decarceration, Enact Second-Look Sentencing"

The title of this post is the headline of this new commentary authored by Steven Zeidman in the Gotham Gazette. Here are excerpts:

Regardless what one thinks of presidential pardons, we should reflect upon a simple truth — convictions and sentences meted out at one point might not be appropriate decades later.  That is especially true for many people currently serving life or massive prison sentences.

Many have argued for sentence commutations for specific classifications of people. In recent years, the Supreme Court has recognized that judges sentencing young people, even for violent crimes, must consider lack of maturity, impulsivity, and the inherent potential for change, and so reformers are asking courts to resentence those serving long prison terms for crimes committed when they were young. Many people advocate for medical parole or compassionate release for the elderly and infirm.  Others focus on people deemed to be low-level, non-violent drug offenders.

At the heart of the problem, however, are all the people serving draconian sentences for crimes committed when they were adults and who are not, at least not yet, suffering from any debilitating illness or in any other “special” category. In fact, it is the “normalcy” of so many cases that highlights the issue we must confront....

Last year, the venerable American Law Institute, a non-governmental organization of judges, lawyers and academics, approved the first-ever revisions to the historic Model Penal Code.  The MPC, taught in virtually every law school, was developed in 1962 to introduce uniformity and coherence to the myriad criminal codes in the 50 states, and serves as a model across the country.  The update to the Code took more than 15 years to complete and yielded a comprehensive 700-page report.

The ALI focused specifically on sentencing in order to address the decades of punitiveness that led to the current state of mass incarceration, made all the more shameful by the significant racial disparities in American jails and prisons. One recommendation in particular addresses the epidemic of 2.2 million people behind bars. The Code now calls for state legislatures to enact a “second look” provision; to create a mechanism to reexamine a person’s sentence after 15 years no matter the crime of conviction or how long the original sentence. If the original sentence remains unchanged, it would be revisited every ten years thereafter.

While many will sound the alarm for “truth-in-sentencing” or the need for finality, the second-look provision asks a very basic question — are the purposes of sentencing better served by a sentence modification or by adhering to the original sentence imposed many years earlier? The commentary to the Code cites a host of utilitarian reasons why long sentences should not be frozen in time, suggesting that “governments should be especially cautious” and act with “a profound sense of humility” when depriving people of their freedom for most of their adult lives.

The commentary notes further that new developments might show that old sentences are no longer empirically valid, as current risk assessment methods claim to be better at predicting risk of recidivism than those previously used. Similarly, new rehabilitative approaches might be discovered for people who at the time of their sentencing were thought resistant to change.

The second-look provision is bold and unprecedented — to actually redress the past 50 years of mass incarceration requires nothing less, as most proposed criminal justice solutions and reforms are prospective and have no impact on those people currently in prison. Further, executive clemency in the form of sentence commutation has also proven to be of limited utility as Presidents and Governors are loath to exercise this power to any serious and meaningful degree.

Second-look allows for mid-course correction if warranted by some measure of changed circumstances -- major changes in the offender, his family situation, the crime victim, or the community — that merit a different sentence.  It is consistent with the growth of restorative justice that seeks to move away from the punishment paradigm of the last several decades.  Second-look also allows the sentencing determination to be made in a calmer atmosphere than existed at the time of the original sentencing, so that any notoriety, outside pressure, or inflamed passions may have abated.

Bills have been introduced in the New York State Legislature regarding parole eligibility for people who are least 55 years old and have served at least 15 years of their sentence, and while the devil may be in the details, they are not insurmountable.  There will be costs associated with establishing second-look processes but money will ultimately be saved as more people are sent home.  Releasing people from prison is often controversial and even one crime committed by a releasee can threaten to shut down any second-look process, so there must be carefully constructed guidelines, created by myriad stakeholders, to ensure the independence of the decision-makers, and that all decisions are consistent, defensible, and transparent.

Mass incarceration is not just about unnecessarily incarcerating masses of people.  It is about unnecessarily keeping masses of people in prison for decades.  A sentence once imposed is not thereby automatically rendered, just, fair and appropriate in perpetuity.  Ultimately, second-look mechanisms are meant to recognize and value the possibility of change and transformation, and to intervene when drastically long sentences are indefensible.

Regular readers should know that I am a big fan of second-look sentencing mechanisms, so I am a fan of this commentary even though it does not fully engage with the reality that second-look provisions in the new MPC are only critical because of the MPC's advocacy for abolishing parole mechanisms. Parole mechanisms (as well as robust use of clemency powers) served for the bulk of the 20th Century to help address many of the problems identified in this commentary. That said, I would favor a world with both a well-structured parole mechanism and second-look sentence provisions so that both the executive branch (via parole) and the judicial branch (via resentencings) can and will review the propriety and necessity of a sentence over time.

I have written about a number of second-look concerns and related issues in a a number of article through the years, and here is just a sampling of these writings:

"Re-Balancing Fitness, Fairness, and Finality for Sentences"

"Reflecting on Parole's Abolition in the Federal Sentencing System"

"Encouraging (and Even Requiring) Prosecutors to be Second-Look Sentencers"

"Leveraging Marijuana Reform to Enhance Expungement Practices"

"Turning Hope-and-Change Talk Into Clemency Action for Non-Violent Drug Offenders"

"Exploring the Theory, Policy and Practice of Fixing Broken Sentencing Guidelines"

"The Enduring (and Again Timely) Wisdom of the Original MPC Sentencing Provisions"

[azcrimlaw]

Why Arizona Has Such a High Incarceration Rate

A report entitled “A New Public Safety Framework for Arizona: Charting a Path Forward” by the American Friends Service Committee – Arizona (Dec. 2016 – Originally seen published at https://afscarizona.files.wordpress.com/2014/03/a-new-public-safety-framework-for-arizona-december-2016.pdf) identified and discussed why Arizona has such a high incarceration rate: mandatory sentencing laws, unique criminal priors law, technical violations of probation or parole, and harsh sentencing for drug offenders.   According to the report, Arizona requires all prisoners to serve 85 percent of their sentence. Arizona is also one of only three states to retain the harsh, across-the-board Truth-in-Sentencing laws enacted back in the mid-1990s. The report concluded:

“In the end, mandatory sentencing has had the consequence of creating huge sentencing disparities, rather than eliminating them.” Arizona has a unique definition of a “prior” which results in harsher penalties: “As a result, offenses committed on the same day (for which the person has not yet been convicted) can be treated as “priors” at sentencing, allowing to call for harsher penalties. For example, a person can break into a car, walk down the street and break into another car. Rather than simply being charged with two counts of burglary or theft, the prosecutor can label the first break-in a “prior,” triggering a sentence enhancement.”

The National Institute of Corrections reported that Arizona had 7,379 people on parole as of December 31, 2015, and 84,766 people on probation as of July 2016. Parolees and probationers must adhere strictly to their terms of parole or probation or risk being sent back to prison for technical violations. The report noted:

“Technical violations” refer to a failure to adhere to the conditions of probation or parole. This can include missing meetings with a probation officer, failure to abstain from drugs or alcohol, or changing residences without approval. They are violations of the terms of one’s probation or release from prison, rather than new crimes. Currently, technical violators represent about 34 percent of state prison admissions—16 percent for violations of Probation and 18 percent for violations of post-prison supervision.”

Arizona is particularly harsh with prosecuting and sentencing people charged with drug offenses as discussed in the report:

“Many drug offenses, including possession with intent to sell, are Class 2 felonies regardless of the circumstances. This is just one felony class level below first-degree murder. Because of this, non-violent addict-sellers can get prison terms longer than some violent offenders.” “Drug offenses accounted for the second largest category of arrests in Arizona in 2015. Drug possession cases represented 10.45 percent of all arrests. Of those, 5.99 percent were for marijuana possession. Drug sales arrests were a much smaller percentage of arrests—just 1.28 percent of all cases. After arrest, the data shows that drug offenses account for seven out of the ten most charged criminal offenses in Maricopa County, and all are related to possession rather than sales. The numbers in Arizona’s prisons show how those various crimes are treated at sentencing. Drug offenses are the single largest category of crime for which people are serving a prison sentence—21.3 percent. Of those, 7.6 percent are in prison for drug possession, but 13.7 percent are in for sales.”

  If you are charged with a crime, you need an experienced criminal defense attorney to help you obtain the best possible outcome in your case. Robert A. Dodell, Attorney At Law has over thirty years experience. Call him today for a free initial consultation.

Some practice areas for Robert Dodell:

Assault - https://goo.gl/BQqPum

Criminal Damage - https://goo.gl/iHMKpH

Drug Crimes - https://goo.gl/8QpvFJ

Sex Crimes - https://goo.gl/qkA25e

Shoplifting - https://goo.gl/6uw5Xb

Theft - https://goo.gl/ZVrnwz

Weapons Charges - https://goo.gl/bqqZpE

  Check out my reviews on Google - https://goo.gl/yUwcLn  

 The following post Why Arizona Has Such a High Incarceration Rate Read more on: http://www.azcrimlaw.com/ Why Arizona Has Such a High Incarceration Rate first appeared on:

DUI Attorney Scottsdale - Scottsdale Criminal Lawyer | Robert Dodell Law Offices

10601 N Hayden Rd, #I-103

Scottsdale, AZ 85260

(480) 860-4321

https://goo.gl/maps/diwY4pu8X5m

[calparolelawyer]

Why You Should Consider Hiring a Three Strikes Parole Lawyer for Your Parole Hearing

Facing a parole hearing can be a critical turning point for individuals convicted under the Three Strikes law. To navigate this complex legal process successfully, it is crucial to have the expertise of a skilled Three Strikes parole lawyer. At www.calparolelawyer.com, we understand the unique challenges faced by individuals seeking parole under the Three Strikes law, Youthful Offender Parole, or compassionate release. Here's why hiring a Three parole lawyer is essential for your parole hearing.

 In-depth Knowledge and Experience: 

Three Strikes parole lawyers possess a comprehensive understanding of the intricacies of the law and parole board procedures. They can analyze your case, identify potential legal strategies, and present compelling arguments to increase your chances of parole.

Individualized Approach: 

A skilled compassionate release lawyer will provide personalized attention and develop a strategy tailored to your specific circumstances. They will work diligently to uncover mitigating factors, highlight your rehabilitation efforts, and present a strong case for your release.

 Expert Advocacy: 

During your parole hearing, having a seasoned Three Strikes lawyer by your side ensures that your rights are protected. They can skillfully cross-examine witnesses, challenge evidence, and present compelling arguments on your behalf.

 Post-Parole Assistance: 

A Three Strikes lawyer can assist you beyond the parole hearing. They can guide you through the terms of your parole, help with reintegration efforts, and address any legal issues that may arise.

Conclusion:

When facing a parole hearing, entrusting your case to a Three Strikes parole lawyer from www.calparolelawyer.com can significantly enhance your chances of a successful outcome. With their expertise, experience, and commitment to your rights, they will provide you with the best possible legal representation throughout the parole process. Don't navigate the complex parole system alone—seek the assistance of a knowledgeable Three Strikes parole lawyer today.

[calparolelawyer]

Understanding Three Strikes Law and the Role of a Three Strikes Parole Attorney

In California, the Three Strikes Law was enacted to impose harsher sentences on individuals with multiple felony convictions. While the law aims to enhance public safety, it can also result in disproportionately severe penalties. Thankfully, the role of a skilled Three Strikes Parole Attorney is crucial in navigating the complexities of the system and advocating for individuals seeking parole under the law. One such experienced parole lawyer in California is found at www.calparolelawyer.com.

Exploring the Three Strikes Law:

The Three Strikes Law stipulates that if an individual has two prior serious or violent felony convictions, their third felony offense will result in a mandatory prison term of 25 years to life. This law was enacted to deter repeat offenders and protect society from habitual criminals.

 The Role of a Three Strikes Parole Attorney:

A Three Strikes Parole Attorney specializes in parole representation for individuals facing lengthy prison sentences under the Three Strikes Law. These attorneys possess an in-depth understanding of the law and leverage their expertise to navigate the complex parole process.

A Youthful Offender Parole Attorney:

For youthful offenders, who committed their offenses before the age of 26, a Youthful Offender Parole Attorney is instrumental in seeking parole eligibility. These attorneys are well-versed in advocating for youthful offenders, emphasizing their potential for rehabilitation and arguing for a second chance.

 Conclusion:

The Three Strikes Law has had a significant impact on California's criminal justice system. However, it is essential to recognize that individuals sentenced under this law still have opportunities for parole. A skilled Three Strikes Parole Attorney, such as the professionals found at www.calparolelawyer.com, can help navigate the intricate parole process, increasing the chances of successful reentry into society. By understanding the intricacies of the law and employing their expertise, these attorneys play a vital role in advocating for fairness, justice, and the potential for rehabilitation.

[calparolelawyer]

What to look for in an Elder Parole Lawyer

As people age, they may face various legal challenges, and when it comes to parole hearings, it's important to have an experienced elder parole lawyer by your side. In California, there are numerous parole lawyers to choose from, but not all are created equal. So, what should you look for when choosing an elder parole lawyer?

Firstly, it's important to choose a lawyer who specializes in parole law, especially prop. 57 parole law, which allows certain nonviolent offenders to be eligible for early parole consideration. Look for a prop. 57 parole lawyer who has experience dealing with proposition 57 law and understands the intricacies of the California legal system.

 Secondly, consider the lawyer's experience and track record in handling cases similar to yours. An elder parole lawyer who has dealt with cases involving three strikes law may be better suited to handle your case than one who has never dealt with such a case before. Check their track record and client reviews to ensure you are choosing the right three strikes parole attorney.

Thirdly, choose a parole lawyer who is compassionate and understanding. Elder parole hearings can be emotionally draining, and it's essential to have a lawyer who is empathetic and supportive throughout the process. You want someone who listens to your concerns and takes your interests to heart.

 Lastly, choose a parole lawyer who has a tailored approach, communicates well, and is available to answer your questions. You want to be kept in the loop and have your questions answered promptly. Good communication is the key to a successful client-lawyer relationship.

 By following these guidelines, you'll be able to find the right parole lawyer like Michael Evan Beckman to represent you and help you navigate the legal system successfully.