Archive for January, 2013

Justice or Injustice? What Really Happens in a Court Jury Room is a book by J.L. Hardee that every American citizen should have to read. It tells the story of a young man thrown into the justice system as a juror with very little prior knowledge of the law.

The interesting concept behind this book is that it is completely applicable to everyone. At some point in just about everyone’s life, there is a possibility that you will be selected for jury duty. The pressures that were forced upon Hardee are real and often times can be very life changing.

The book begins with the description of a young firefighter who grew up in a very small town in Horry County, SC. Hardee receives a letter stating that he has been summoned for jury duty and even though he tries his hardest to avoid it, he is selected to serve as a juror for a capital murder case in Myrtle Beach, SC., involving the case of: The State of SC vs. Kimberly Renee Poole.

This book is not as much about the murder or the entirety of the case, but rather, the mental and physical stresses that are put upon the jurors and how these stresses might sway the decision of a jury.

Hardee takes the reader through the case, highlighting important details that swayed his decision and the reasoning behind them. These strings of thoughts during the trial truly gave you a great example of how a juror with little to no experience with the law can reason though a case. The beauty of this book is that it offers simplicity and context to a very complicated courtroom full of lengthy testimonies and convoluted evidence.

The most compelling and at the same time most shocking part of the book was Hardee’s account of the jury room. According to Hardee, justice was not served that day; it was predetermined and forced upon not only the accused but also the jury.

J. L. Hardee

Hardee and the other jurors who did not agree that Kimberly Renee Poole committed of conspired to this murder were bullied and forced into a decision. According to Hardee the jury was locked in a room for hours and hours on end without a break and without further instructions or guidance until they came out with a unanimous decision.

Hardee’s account of what transpired in that jury room truly made the book for me. You have a young man who refuses to send a woman to prison because of the morals he believes in and the lack of substantial evidence. However, what makes it truly great is the slow process of defeat and self doubt that every person goes through when they are physically and emotionally depleted. This slow process of defeat and pressure finally gets to Hardee and he goes against his believes just to end his own suffering,

As citizens we always have to ask ourselves how our actions, at this present time, are going to affect the larger picture. Are we going to allow personal feelings or outward pressures to sway our decision on what is right and what is wrong? According to Hardee, this is something that is very difficult and often times very demanding.

This book gives a very real and grim look into the justice system, not everything is what it really appears to be. As in everything, there are strengths and there are flaws in our justice system.  The book is available here.

Last July, various police agencies in Spokane County raided several areas spas as part of an investigation into an alleged prostitution ring in the area. One of the spas was Joe Jean’s Health Spa on Division. This business had been in operation for years. At the time the police stated “we don’t think anyone was going for a legitimate message.”

(stock image unrelated to Spokane prostitution bust allegations)

On Friday, a local TV news channel posted a list of hundreds of men whose credit cards had been used at the spa. The list was apparently obtained from a public records request. The list had the name from the credit card, the date of the transaction, and the amount authorized.

Posting the list online was controversial, and some other local media outlets decided against naming names. Some people commenting on the site pointed out that the credit cards may have been stolen. Others said that it was improper to post the list because the nature of the service is unknown. In terms of the law, it does appear the TV station was acting within their rights under the first amendment. The station used the word “john” in the url. See: //ftpcontent.worldnow.com/khq/johnslist.pdf. That file name may have been intended for internal use rather than a public characterization of the list of names.

Will the men be charged with prostitution? It appears that that would be unlikely. The statute of limitations is one year, and many of those transactions are from quite a while ago. It would seem a case could only be made with direct testimony from the person rendering the service. No one has been charged with prostitution as a result of the raids.

In Washington State, the laws surrounding DUI allegations can be confusing if the defendant is under 21 years of age. It is commonly thought that the “legal limit” for DUI for an underage driver is .02. However, this is not quite true. The legal limit for DUI is .08 irrespective of the age of the driver. However, for underage drivers who blow under .08 (but over .02) there is a special crime called Driver Under 21 Consuming Alcohol under RCW 46.61.503. This is a less serious offense than DUI.

These statutes can even cause confusing for law enforcement. Just about every DUI lawyer has seen cases where a driver under 21 is cited for the lesser charge even when his or her breath is well over .08. It is sometime the advice of the defense lawyer to simply plead guilty to the offense as soon as possible before the prosecuting attorney can catch the mistake.

A DUI charge is a gross misdemeanor and is punishable by up to 364 days in jail and a $5,000 fine. Driver Under 21 Consuming Alcohol is just a misdemeanor and is punishable by up to 90 days in jail, and a $1,000 fine. These is no mandatory minimum jail sentence for the lesser charge.

The statutory difference between these offenses is confusing, and DUI lawyers occasionally see the offense incorrectly listed in the newspaper. Defense lawyers are usually slow to request that the paper make the correction because that will mean that the client’s name will simply be in the paper twice.

Driver Under 21 Consuming Alcohol is sometimes referred to as “minor op” or “baby DUI”. For this offense, it is not necessary that the prosecutor prove that the .02 level caused the driver to be impaired or under the influence. Also, despite the name of the statute, it is not necessary that the prosecutor prove that the consumption actually occurred when the minor was behind the wheel.

A defense lawyer representing a person on this charge will occasionally be able to get the charge reduced to a non-driving offense like Minor Publicly Exhibiting the Effects of Alcohol. This crime is also a misdemeanor but it looks better on a person’s record.

For related subjects, see our past posts on MIP, and DUI charges under .08, and Marijuana DUI

[Todays post is by my friend Adam Rosenblum of New York. He tells us a little bit about New York law.]

Being Charged With A Crime In New York

Having the police charge you with a crime, read you your rights and handcuff you can put a life changing experience. The criminal justice system is quite complex and has many rules and guidelines that the average person does not know. If you happen to be visiting the State of New York and have been charged with a crime you should understand that you do not have to go through the process alone.
In New York State anyone who has been charged with a crime has an absolute right to defend themselves. If you have been charged with a crime you should contact a criminal defense attorney to help defend you and better understand your rights. Crimes in New York State are categorized in three separate classifications based on the seriousness of the crime and the penalty or sentencing guidelines involved. Below is some information to help you understand a little more about New York criminal law and how crimes are structured under New York Penal Law Section 10.00.

What Is A Felony?

The most serious crimes are considered felonies and anyone convicted of a felony crime is known as a felon. Under federal law felonies can be punishable at a minimum of one year or more (life sentences) and also can be punishable by death. Each individual state makes distinctions as to defining the sentencing guidelines and seriousness of crimes.

Felony crimes generally include: murder, rape, aggravated assault, robbery, burglary, arson, copyright infringement, fraud, perjury, larceny, manufacture and sale of illegal drugs. Felonies can be further categorized as violent or nonviolent offenses. Violent offenses generally carry harsher penalties than nonviolent offenses.

What Kind Of Punishment Could I Face For A Felony In New York?

New York does not practice capital punishment or the death penalty for a felony. New York classifies felonies from “A Felonies” that carry the toughest penalties down to “E Felonies” which are the least serious.

• A Felonies- divided further into A-I and A-II
o A-I – minimum of 15 to life in prison
o A-II- carries a maximum of life in prison
• B Felonies – maximum penalty of 25 years
• C Felonies – maximum penalty of 15 years
• D Felonies – maximum penalty of 7 years
• E Felonies – maximum penalty of 4 years

As a matter of law if you have a prior felony conviction within the past ten years of the current offense than you will be faced with a more severe penalty. Also, convicted felons will lose their right to vote and are likely to lose any current professional licenses or the ability to seek a professional license in the future. Convicted felons have a difficult time finding employment because employers regularly request criminal background checks before making a hire.

What Is A Misdemeanor?

Misdemeanors are considered a lesser criminal act than a felony and as such carries lesser penalties. The maximum punishment allowed for a misdemeanor in New York is 12 months. In general misdemeanors include: simple assault, public intoxication, drug possession, petty theft and prostitution. Misdemeanors are still considered crimes and will be made a part of your criminal record.
With misdemeanors the courts have more flexibility to punish individuals using other methods like heavier fines, community service, probation, monitoring devices or limited jail sentences. If you have prior convictions on your criminal record than the judge will be less inclined to use these measures and will likely impose a jail sentence.

What is A Violation?

A violation is an offense where the potential jail sentence cannot be greater than fifteen days. Violations are not considered criminal and as such you will not have a criminal record for a violation however there are fines that can be imposed. Some examples of violations include: trespass, unlawful posting of advertisements, loitering, public intoxication, low levels of marijuana possession, failing to respond to a ticket.

How Do I Exercise My Rights When I Am Being Charged With A Crime?

Anytime that you are faced with a charge you have the right to remain silent and the right to have an attorney present. Remember that you are innocent until proven guilty, which means that the police and the prosecutor (the attorney representing the State who is pursuing the case against you) must do all the work to build a case.
If you remain silent you are making it harder on the state to establish a case against you. It is the prosecutor’s responsibility and burden to prove their case. If they do not have enough information or evidence to build a case against you, you will likely be let free. Once you are under arrest or being interrogated by the police, tell the officer that “I am exercising my right to remain silent” and that “you would like to have an attorney represent you”.

What Can An Attorney Do For Me If I Am Being Charged With A Crime?

A lawyer can fight on your behalf to make sure you get the best outcome possible given the charges you are facing. An experienced defense attorney will work to have the charges brought down to the lowest level possible and in some cases dismissed all together.

If the prosecution presents an offer that exposes you to a penalty, an attorney will be able to recognize and advise you on whether you should accept the offer. If the prosecution does not have the evidence to support the criminal charges you are facing, an attorney can take your case to trial and show a jury that you are not guilty of the charges.

If you have been arrested or charged with any type of crime call The Rosenblum Law Firm today to schedule a free consultation with a criminal defense lawyer.