Legal Writing Professor
This educational guide provides a general summary of the basic legal process in a Florida criminal matter, and follows closely along with the infographic below.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Richard Branson, founder of Virgin Group and member of the Global Commission on Drug Policy, published an interesting article on ending the War on Drugs this week which included a discussion of sentencing guidelines.
According to the article, the United States currently keeps more people in prison than any other country in the world:
“More than 2.4 million people languish in federal, state and county prisons, many of them non-violent drug users serving life sentences triggered by misguided three-strike laws that don’t distinguish between petty theft and armed robbery. Prisons everywhere are overcrowded, while law enforcement and judicial resources are wasted. It’s a travesty that has created a vicious and inescapable cycle of incarceration, ruining the lives of thousands of non-violent offenders in the process.”
Branson references the “War on Drugs,” which was initiated by President Richard Nixon over 40 years ago, as a “spectacular failure,” citing to the more than $1 trillion spent battling the war and the tens of thousands of lives lost in law enforcement, while the demand for drugs remains as strong as ever.
Within the article, Branson compassionately argues that the solution is sentencing reform:
“Current drug laws need a whole range of fixes, but there is one issue where relatively simple changes in the law could literally mean the difference between a life behind bars and a fresh start for thousands, while saving millions in taxpayer funds: I’m talking about sentencing reform.”
The complete article can be found here: “Let’s Fix It: End the War on Drugs.”
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Many people are curious as to what they should expect when participating in jury selection – either as a potential juror or as a party in a trial. The following is a brief explanation of the Jury Selection process in Palm Beach County, Florida:
When jury selection begins, the presiding judge will typically begin with a lengthy explanation of the legal process. Then, the judge will usually have the jury pool (or, the potential jurors) read aloud and answer pre-printed questionnaires created by the judge. These questionnaires have generic questions, such as marital status, employment, prior jury service, prior involvement in law suits, and other similar types of questions to allow the State and Defense to learn the background of the jurors. Once the jury has finished answering these questions, then the State and Defense will begin asking their own questions, with the State presenting first.
As a criminal defense attorney, the way I choose which questions I am going to ask a jury really depends on the facts of the case and the charge my client is facing. My jury questioning (or “voir dire”) usually begins with an “ice breaker” and an introduction of the jury to the criminal process in general, which will vary depending upon the thoroughness of the Judge’s and the State’s explanations. I want to make sure the jury understands its job, and I want to make sure they understand I am looking for jurors who will be fair. I have a few standard questions that I like to ask, such as “what are your thoughts about police officers” or “have you ever been a victim of a crime” to get an idea of how these jurors view the criminal justice system. I want to know if there are jurors who love police officers and will believe them no matter what the facts are, just as the State wants to know if there are jurors who hate police officers. Then, I will ask specific questions based on what I think are the important issues in the particular case that is there for trial. For example, if my case involves a witness who has been convicted of a crime before, I want to find out if there are jurors who are going to discredit his testimony based solely on that fact. Or, if I have a case that involves a scientific process, such as a breath testing machine in a DUI case, I want to ask questions about who will blindly trust the science, and who will question it and make his or her own determination based upon the evidence presented.
Jury selection is sometimes jokingly referred to as “jury deselection,” because the goal truly is, not to eliminate jurors, but to eliminate bias against issues in your particular case. If there are jurors that have given answers that appear biased one way or another, criminal law attorneys will follow up with those jurors specifically to ferret out the impartiality. If a juror is wavering on an important issue, criminal law attorneys will ask follow up questions to determine that particular juror’s true feelings, and ultimately determine whether that person can be fair and impartial at the end of the day, or if that person should be dismissed from the jury. Judges often inform jurors that there is “no wrong answer,” and that is entirely correct – everyone is entitled to their own opinions and beliefs, and are encouraged to express them during jury selection. Not being selected as a juror is not an insult; it simply means that the particular potential juror did not fit the issues on the case. Everyone involved in a trial, State and Defense alike, is entitled to a fair trial with impartial jurors who will be able to follow the law.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Although not a Florida case, I thought it was worth posting:
A Columbus, Ohio woman was arrested last month after she observed her mugshot posted on the police department’s Facebook page and complained that she wanted it removed. Monica Hargrove’s picture had been posted on the Facebook account as part of the police department’s weekly roundup they refer to as “#WarrantWednesday.” Hargrove reportedly had an outstanding warrant for aggravated robbery and kidnapping. According to Denise Alex-Bouzounis, public information officer at the Columbus Police Department: Hargrove contacted the detective listed on the Facebook post and said, “‘Hey, I want my picture down,’ “[The detective] said, ‘Come on in and we’ll talk about it.'” Hargrove then went to the police station, where she was taken into custody.
Full story found on the Huffington Post, here: Facebook Mugshot Arrest
Anyone whose mugshot is posted on a police Facebook page should contact a criminal defense attorney before heading down to the police station. A criminal defense attorney could facilitate a turn-in and have a bondsman ready. Additionally, a criminal defense attorney will be able to help protect your rights and advise you not to make any statements that could be (and will be) used against you.
Casey Reiter is an associate attorney at Stuart R. Manoff & Associates, P.A. in West Palm Beach, Florida, practicing in the areas of Criminal Defense and Marital Law.
Casey Reiter 