THE HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Size: px
Start display at page:

Download "THE HONORABLE ROBERT S. LASNIK UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE"

Transcription

1 JOSEPH JEROME WILBUR, a Washington resident; JEREMIAH RAY MOON, a Washington resident; and ANGELA MARIE MONTAGUE, a Washington resident, individually and on behalf of all others similarly situated, v. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Plaintiffs, CITY OF MOUNT VERNON, a Washington municipal corporation; and CITY OF BURLINGTON, a Washington municipal corporation, Defendants. CHRISTINE JACKSON states as follows: THE HONORABLE ROBERT S. LASNIK No. C-010 RSL SECOND SUPPLEMENTAL OF CHRISTINE JACKSON 1. My qualifications as an expert, including my training and experience, were described in my original Declaration, which was filed with the Court on October 1, 0; in my Rebuttal Expert Declaration, which was served on Defendants counsel on May, 01; and in my First Supplemental Declaration, which was served on Defendants counsel on September, 01. Since September, 01, the following updates to my qualifications have occurred: I have served as a supervisor for TDA s Kent office from October 1, 01 to the present. In that (No. C-010 RSL) 1 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

2 position, I supervise one misdemeanor lawyer practicing in King County District Court s DV court, seven felony lawyers, one paralegal, and one staff person. I also continue to supervise the RALJ practice and carry a partial caseload of felony cases.. This Second Supplemental Declaration will not repeat the points I made or the opinions I gave in my prior Declarations. Instead, it will set forth additional points and opinions based on documents and information I have reviewed since the date of my earlier Declarations.. Since the time of my prior Declarations, I have received and reviewed the documents listed in Exhibit A to this Declaration. The Public Defense System of Mount Vernon and Burlington During the Time of Richard Sybrandy and Morgan Witt. The closed case reports that Richard Sybrandy and Morgan Witt produced in this matter are unclear as to whether the attorneys were reporting case credits or attorney hours. In light of this and other evidence, it is apparent that the Cities were not monitoring the number of cases assigned to the public defenders.. The client files provided by Sybrandy and Witt contained only discovery and court documents. No attorney notes or timesheets were included, and there was zero evidence of any investigation, motion work, consultation with immigration attorneys, or consideration of alternative dispositions such as compromise of misdemeanors. Likewise, there were zero records obtained from the Department of Licensing independent of the ADR (abstract of driving record) or certified copy of driving record (CCDR) provided in discovery, or any indication that the attorney provided factual or legal analysis to the client in each individual case. The attorney hours reflected in the closed case reports are generally insufficient to have completed such work or have provided such information to the client. (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

3 For example, in the Cerrillo case there was a legal defense to the charge of violation of a no-contact order that was missed, because the order was in the court file and did not make clear whether the defendant s daughter was a protected party for purposes of text messages to her being prohibited.. Sybrandy s negotiation s to the prosecutor appear to unnecessarily disclose privileged information, and he refers to his clients in pejorative language that is unprofessional.. Based on my review of the evidence for the time period during which Sybrandy and Witt served as public defenders for the Cities, it is my opinion that Mount Vernon and Burlington failed to implement, monitor, evaluate, supervise a public defense system that met the minimum Sixth Amendment requirements for assistance of counsel. The Public Defense System of Mount Vernon and Burlington During the Time of Mountain Law. Based on my review of the evidence for the time period during which Mountain Law s attorneys have served as public defenders for the Cities, it is my opinion that Mount Vernon and Burlington have failed and are continuing to fail to implement, monitor, evaluate, and supervise a public defense system that meets the minimum Sixth Amendment requirements for assistance of counsel.. Mountain Law is using DefenderData for its case management and docketing system. My office has used the DefenderData service for years, and I am familiar with the reports and functions of this system. Mountain Law had only two attorneys working on the Mount Vernon and Burlington cases from April 01, when the firm first started the contract, to September 01. During the first eight weeks of that period, Mountain Law s attorneys opened more than 1,00 cases (0 for Michael Laws and for Mr. Collins). It appears that (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

4 approximately 1,0 of those cases transferred from Richard Sybrandy and Morgan Witt, the previous public defenders. This shows that the caseloads of both Sybrandy/Witt and Mountain Law have been excessive and well beyond rates that correspond with the maximum of 00 annual misdemeanor cases per attorney set forth in the WSBA standards.. After receiving all of the open cases of Richard Sybrandy and Morgan Witt, Mountain Law s attorneys continued to open more than 1 cases per month on average during From September 01 to the present, Mountain Law has had only three attorneys working on indigent defense cases in Mount Vernon and Burlington. The caseloads that the Cities assigned to Mountain Law s attorneys during this period exceeded rates that corresponde with the maximum limit of 00 annual misdemeanor cases per attorney set forth in the WSBA standards. 1. The caseloads carried by Mountain Law s attorneys are particularly excessive when you consider that Jesse Collins and Sade Smith had no experience with criminal defense at the time they started and that Michael Laws was the only person responsible for supervising the two of them. 1. The average number of hours that Mountain Law s attorneys are spending on misdemeanor cases in Mount Vernon and Burlington is less than two hours per case. This is quite low. By comparison, the average time that TDA attorneys spend on misdemeanor cases is five hours per case. (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

5 In particular, Mountain Law appears to spend inadequate time on misdemeanor cases that should take longer, such as cases with DUI charges and cases where it is likely the client has a language barrier or low education level or mental health or disability issue. 1. In my opinion, the average amount of hours that Mountain Law s attorneys are spending on misdemeanor cases in Mount Vernon and Burlington is insufficient to meet minimum Sixth Amendment requirements for assistance of counsel. 1. The Cities of Mount Vernon and Burlington have failed to conduct any meaningful monitoring or systematic oversight and evaluation of Mountain Law and its attorneys to ensure that the public defenders are in compliance with their contractual requirements or applicable standards for indigent defense, including caseload limitations. Indeed, the Cities chose to award the public defense contract to Mountain Law even though the Cities knew Mountain Law would only provide two attorneys to handle an anticipated 1,00 cases per year.. Though they have handled more than 1,00 cases since taking over the public defense contract for Mount Vernon and Burlington, the attorneys at Mountain Law have utilized an investigator in only [to] 1 of those cases, which is fewer than one percent. Furthermore, Michael Laws, the supervising attorney, testifies that he has personally contacted a total of only three or four witnesses in his cases. Mr. Laws says that the number of witness contacts for the other two attorneys is similarly minimal. 1. Since taking over the public defense contract for Mount Vernon and Burlington, Mountain Law s attorneys have filed only one suppression motion. 0. In my review of the 0 randomly selected Mountain Law case files, I did not see that any investigation was conducted (even for cases where such investigation may have resulted (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

6 in the development of exculpatory information). I did not see evidence of any legal research into issues that were apparent from the discovery. Investigation of possible defenses beyond the evidence provided by the prosecution, and consideration and research of possible legal defenses, is required by case law interpreting the constitution and established professional standards and performance guidelines. See, e.g., In re Brett, 1 Wn.d, 1 P.d 01 (001); State v. Jury, 1 Wn. App., P.d (00); Rios v. Rocha, F.d (th Cir. 00). 1. For example, a failure to investigate was evident in the McFadden case, where it appeared the defendant had a complete defense to all three charges (resisting arrest, trespass and obstructing) as he was authorized to be in the home and the officers had no legal authority to either arrest him or issue him orders. Also, the prosecutor disclosed potential Brady or exculpatory material, but there was no evidence in the file that this information was obtained, reviewed, or discussed with the client. Given the complete defense to all of the charged offenses, there appeared to be little benefit to the client in pleading guilty to the obstruction charge.. A failure to investigate was also apparent in the Castellano case, where it did not appear that the officer had legal authority to order or detain the client to have his picture taken. Indeed, there appeared to be no individualized reasonable suspicion to detain him for further investigation. Similarly, in the Crawford case, there appeared to be no discussion as to whether the client s conduct or language actually constituted disorderly conduct. While calling the convenience store clerk a fucking Hindu and infidel is certainly distasteful, it may well be protected speech. Additionally in the Crawford case, law enforcement described this young African-American male as a troublemaker, and there may have been some improper motivations (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

7 or targeting of this individual by law enforcement. While it appears that this client (Crawford) pled to get out of jail, it is not evident that these issues were raised with the prosecutor or that a motion to dismiss for lack of a prima facie case was brought. Given the amount of time spent on the case (. total, including staff time), it is doubtful that any of these steps that should have been taken by Mountain Law were taken. Even if the clients do not want to take the time to come to court for a trial, investigation of these issues may lead to a Knapstad motion to dismiss.. Also, I saw no evidence in the Mountain Law case files of consultation with the immigration resource attorneys at the Washington Defender Association or regular reference to or inquiry into the immigration status of clients (though in one case it appears that the client s immigration lawyer contacted the assigned defender and provided input into the resolution of the case).. There were Mountain Law case files where the client s criminal history (DCH) was not provided or obtained.. In the Mountain Law files I reviewed where the defendant lacked any significant criminal history, I saw little or no evidence of an effort to obtain pretrial diversions or other dispositions that might result in dismissals as opposed to convictions (e.g., Phillips, Bromels). Rather, at least one individual with no criminal history pled guilty to a theft. In many courts, this person would have been eligible for some kind of first-time-offender pretrial diversion or other opportunity to have her case dismissed. This was also evident in the Nieblas case, where it was unclear why the client pled to the charged offense (disorderly conduct) instead of proceeding to trial on that charge or obtaining an alternative disposition such as an immigration-safe stipulated order of continuance. (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

8 In theft cases that were part of the Mountain Law files, I did not see any evidence showing the attorneys considered alternative dispositions, such as compromises of misdemeanors or stipulated orders of continuances that would help clients avoid convictions altogether.. For the driving-while-license-suspended cases in the Mountain Law files, I did not see any attempt to obtain client files from the Department of Licensing independent of the ADR (abstract of driving record) or certified copy of driving records (CCDR) that were provided in discovery. To assess whether the underlying suspension complied with due process, which is an important issue in DWLS cases, the attorney needs to obtain the client s address history from DOL and the entire DOL file or at least the documents relevant to the address history.. In many of the Mountain Law files, there is little or no indication that the attorneys provided factual or legal analysis to the clients in each individual case. The hours reflected in the closed case reports would generally not be sufficient to have completed such work, particularly when you consider that those hours include staff time as well as attorney time.. In one DUI case that was part of the Mountain Law files (Spielman), the client apparently pled to a no test in a refusal case, thereby avoiding the increased penalties associated with the refusal. Nonetheless, the client told the arresting officer that she was diabetic and took insulin. This information raised the question of whether she was sick and experiencing insulin shock or other adverse reaction to the alcohol she consumed as opposed to being intoxicated. In this case, a consultation with an expert or merely pointing this proof problem out to the prosecutor may have convinced the prosecutor to offer a Reckless Driving or Reckless Endangerment charge (which may fit the nature of this one-car accident where the client is acting very strangely), thus permitting the client to avoid the mandatory minimum (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

9 penalties on this first time DUI and the licensing consequences particularly the 1 year IID requirement. There is no indication that this issue was identified and discussed with the client. 0. In the Mountain law case files, there was no indication that the attorneys recognized that many DV misdemeanor convictions (where the DV designation is pled and proved after August 0) count as a point on any subsequent DV felony sentence. In light of these recent changes in the law and the difficulties in proving DV cases, accused have a greater incentive to set cases for trial and avoid these convictions altogether, perhaps by having the prosecutor drop the DV tag in exchange for a plea on a reduced more innocuous charge or dismissal when the prosecutor cannot proceed at trial. 1. In addition to the small amount of documented client conference time listed in the Mountain Law timesheets, it appears the lack of communication with clients is persisting with the new public defense providers. Mountain Law is using the same opening letter to clients that contains legally inaccurate advice and discourages early contact between the client and the assigned attorney. In addition, Mountain Law s supervising attorney has testified that it is pointless to meet with a client unless the attorney has the police report or a plea offer.. The declarations from current Mountain Law clients indicate that the municipal court defenders spend little time with their clients, even clients who are in-custody. On the ICRAP form filled out for in-custody clients in the Mountain Law files I reviewed, there is no place to record information that would be helpful to obtaining the client s release or discussing an analysis of the case or obtaining other helpful information from the client, such as evidence that might become unavailable (video tapes, etc.). The foregoing is the type of information generally gathered at an early visit with an in-custody client. (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

10 The $00 fine which seems commonly imposed in the municipal courts of Mount Vernon and Burlington is troubling for an indigent population, and there is no apparent effort on the part of the public defenders to challenge this practice.. The amount of time Mountain Law is spending on cases and the lack of evidence of any meaningful individualized factual and legal analysis or investigation in each case and little communication with the client demonstrates constitutionally inadequate representation is being provided.. In the 0 Mountain Law cases I reviewed there were only a few cases set for trial. Furthermore, I understand that Mountain Law s attorneys have conducted only six jury trials and one bench trial since taking over the contract in April 01. Part of the value of the constitutional right to jury trial, particularly in misdemeanors, is that there is often little risk of a trial penalty, the result is often the same after a trial if a defendant is convicted than if the accused pleads to the charge. Setting multiple cases for trial, where the offer is plead as charged, forces the prosecutor to choose which cases merit his or her efforts and time to take to trial and which cases to dismiss or offer non-conviction resolutions or pleas to reduced charges. Cases where witnesses fail to appear or do not want to participate are often dismissed. Cases that proceed to trial are decided by members of the community and make the criminal justice system more transparent. Setting cases for trial gives the defense more leverage over the prosecutor for all cases and does not sacrifice one client s rights for another. That leverage should not be so easily relinquished. This is the approach recommended by Professor William Stuntz in his final book The Collapse of American Criminal Justice (Harvard University Press 0). (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

11 It is my opinion that the cities of Mount Vernon and Burlington continue to operate an unconstitutional public defense system in violation of the Sixth Amendment. The Cities knew or should have known that excessive caseloads, inadequate client contact, and lack of individual investigation and representation of clients were occurring under pre-mountain Law public defense contracts. Despite this, the Cities have failed to monitor Mountain Law s compliance with contractual and constitutional requirements and applicable standards for indigent defense, which has the result of those constitutional deficiencies continuing to plague the Cities public defense system.. My review of the Mountain Law case files demonstrates that the Cities are failing to do anything to stop the unconstitutional practices that have been occurring for years with the Cities knowledge. There are established practices which enable cities to monitor and audit public defense contracts to ensure compliance with the contract, standards and constitutional requirements. I have extensive experience with those practices in my work involving The Defender Association and the City of Seattle, and I am submitting documents describing those practices in response to the subpoena which the cities served on me in connection with my February 1 deposition.. In particular, cities are obligated to have a system for accurately monitoring the public defender caseloads, and the Cities of Mount Vernon and Burlington appear to have never done that. Some form of monitoring, audit or oversight of contract and constitutional compliance by the cities with respect to the public defense function is essential in order to have a constitutional system. The certifications required by the new court rule are not enough. In addition, there are systems for client complaints which do not require revealing privileged (No. C-010 RSL) 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

12 information to persons outside the scope of the privilege, unlike the Cities current complaint system.. Because the Cities of Mount Vernon and Burlington are operating an unconstitutional public defense system, it is certain that actual harm will result to indigent defendants. Some of the forms that this harm may take are as follows: being deported as a result of guilty pleas to crimes and sentencing dispositions that trigger immigration consequences; years of debt from excessive fines; loss of rights due to domestic violence conviction; increased imprisonment and extended supervision due to guilty pleas where there is inadequate consideration of the client s record and other pending cases; being convicted of a crime and suffering the consequences of a criminal record when the person was not legally guilty of that crime, or the charge should have been dismissed, or a non-conviction disposition should have occurred. DVs, DUIs, and theft convictions are the kind of misdemeanors that destroy people s lives because they can lead to deportation without any chance to return, or lack of housing and employment for a lifetime. 0. Based on the documents I reviewed regarding the Cities current public defense system, there is a grave risk that this harm to the indigent defendants will continue unless Court orders the cities to submit to a monitoring and audit system designed to ensure compliance with the Constitution. 1. I understand that there may be additional documents Plaintiffs have been attempting to obtain which were delayed in production by others and were not possible for me to review in time for this Declaration. I will supplement this Declaration if necessary based on those additional documents. (No. C-010 RSL) 1 1 Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

13 I J t t t t l JJ 0 t 0 1 I CERTIFY LINDER PENALTY OF PERruRY under the laws of the United States of America that the foregoing is true and correct. DATED at Zc,l,rnruotz CHRISTINE JACKSON., Washington, this th day of January, 01,by CHRISTINE JAC Q.{o. C-010 RSL) Third Avenue, Suite 00 Seattle, WA 1-0 Phone: Fax:

14 CERTIFICATE OF SERVICE I, Toby J. Marshall, hereby certify that on March, 01, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Kevin Rogerson, WSBA #1 CITY OF MOUNT VERNON Cleveland Avenue Mount Vernon, Washington -1 Attorneys for Defendant City of Mount Vernon, Washington Scott G. Thomas, WSBA #0 CITY OF BURLINGTON South Spruce Street Burlington, Washington - Attorneys for Defendant City of Burlington, Washington Andrew G. Cooley, WSBA #1 Jeremy W. Culumber, WSBA # Adam L. Rosenberg, WSBA # KEATING, BUCKLIN & MCCORMACK, INC., P.S. 00 Fifth Avenue, Suite Seattle, Washington -1 Attorneys for Defendants Cities of Burlington, Washington and Mount Vernon, Washington - 1 CASE NO. :-CV-010 RSL TERRELL MARSHALL DAUDT & WILLIE PLLC North th Street, Suite 00 Seattle, Washington - TEL FAX 0.0.

15 DATED this th day of March, 01. TERRELL MARSHALL DAUDT & WILLIE PLLC By: /s/ Toby J. Marshall, WSBA # Toby J. Marshall, WSBA # North th Street, Suite 00 Seattle, Washington - Telephone: (0) 1-0 Attorneys for Plaintiffs CASE NO. :-CV-010 RSL TERRELL MARSHALL DAUDT & WILLIE PLLC North th Street, Suite 00 Seattle, Washington - TEL FAX 0.0.

16 - 1 CASE NO. :-CV-010 RSL EXHIBIT A

17 - 1 CASE NO. :-CV-010 RSL EXHIBIT A TO THE SECOND SUPPLEMENTAL OF CHRISTINE JACKSON FILE NO BATES RANGE DESCRIPTION 01 MT-LAW_000- Attorney files for 0 random Mountain Law cases 0 n/a Court case files of: (1) Cerillo, Josue () Johnson, Tina () Carrano, Esther () Carrasco, Adalberto () Cook, Valerie () Derbyshire, David () Finsland, Ian () Garcia-Maclovios, Ramon () Hernandez, Antonio () Munoz, Juan () Ortiz Sanchez, Bernardo (1) Sepulveda, Edgar 0 DEFS_00- September 0, 01 from Eric Stendal regarding, Documents to prepare in Spanish and attaching the, City of Mount Vernon Notice for Public Defender and City of Mount Vernon Public Defender Complaint Form 0 DEFS_000- Ordinance No. 0 n/a Mountain Law August 01 Case Credit Report 0 DEFS_00- September, 01 from Michael Laws regarding, In Custody Clients 0 DEFS_000-0 August, 01 from Jon Lewis regarding, July 01 Reports 0 DEFS_000- June, 01 from Bryan Harrison regarding, Caseload Statistics and reports 0 DEFS_000- Mountain Law Case Credit Reports 1

18 - CASE NO. :-CV-010 RSL EXHIBIT A TO THE SECOND SUPPLEMENTAL OF CHRISTINE JACKSON FILE NO BATES RANGE DESCRIPTION MT-LAW_0001- Mountain Law Case Credit Reports DEFS_000- Richard Sybrandy case reports 1 n/a Collection of s between Richard Sybrandy, city prosecutors and administrators 1 n/a August, 0 from Richard Sybrandy regarding discovery requests in this matter 1 n/a Collection of s between Richard Sybrandy, city prosecutors and administrators 1 various Attorney files of Richard Sybrandy: (1) Cienfuegos-Rodriguez () Boyd () Borrego () Baker () Adee () Diaz () Fisher () Flagg () Flaton () Garcia, A. () Green (1) Lopez-Gonzalez (1) Galindo-Ramirez (1) Garcia, V. (1) Hernandez (1) Sepulveda (1) Ortiz-Sanchez 1 Witt 000- Attorney files for cases of Morgan Witt: (1) Barrera () Carrano () Carrasco () Cavanagh () Cook () Derbyshire

19 - 1 CASE NO. :-CV-010 RSL EXHIBIT A TO THE SECOND SUPPLEMENTAL OF CHRISTINE JACKSON FILE NO BATES RANGE DESCRIPTION () Finsland () Flores-Rodriguez () Fuentes () Guerrero-Lopez () Munoz (1) Osias (1) Purcell (1) Racine-Santos (1) Reavis, Bobby (1) Reavis, Martin (1) Whitney () Willis 1 n/a Declaration of Carlos E. Aguilar n/a Declaration of Steven Osborn 1 n/a Declaration of Mark Reyna 0 n/a Declaration of Shawn Delacruz 1 n/a Declaration of Jacob C. Norman n/a Deposition of Stephen Skelton n/a Deposition of James Feldman n/a Deposition of Jon Aaarstad DEFS-BURL_000- Mountain Law Memorandum to All Assigned Counsel Defendants BURL_PDR-000- Certifications of Michael D. Laws, Sade A. Smith and Jesse G. Collins of Compliance with Standards Required by CrR.1/CrRLJ.1/JuCR. filed with the City of Burlington n/a Mountain Law July 01 Case Credit Report - Withdrawn n/a Mountain Law July 01 Case Credit Report

20 - 0 CASE NO. :-CV-010 RSL EXHIBIT A TO THE SECOND SUPPLEMENTAL OF CHRISTINE JACKSON FILE NO BATES RANGE DESCRIPTION 0 n/a Mountain Law discovery for case no. MC001 1 MV_PDR Certifications of Michael D. Laws, Sade A. Smith and Jesse G. Collins of Compliance with Standards Required by CrR.1/CrRLJ.1/JuCR. filed with the City of Burlington n/a Deposition of Eric Stendal n/a Deposition of Richard Sybrandy (rough transcript) n/a Deposition of Morgan Witt WITT-GONZALEZ- RODRIGUEZ_ Morgan Witt s attorney file for Leirha Gonzalez-Rodriguez WITT-HAYES_ Morgan Witt s attorney file for Dramon Hayes n/a 0(b)() deposition of Mountain Law (Michael Laws)

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure

Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure Wisconsin Operating While Intoxicated Law A Client's Guide to the Language and Procedure BAKKE NORMAN L A W O F F I C E S Welcome Thank you for considering Bakke Norman, S.C. to represent your interests.

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

A Victim s Guide to Understanding the Criminal Justice System

A Victim s Guide to Understanding the Criminal Justice System A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:

More information

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA

HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by

More information

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT

IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT IN THE MISSOURI COURT OF APPEALS WESTERN DISTRICT STATE OF MISSOURI, v. ROBERT E. WHEELER, Respondent, Appellant. WD76448 OPINION FILED: August 19, 2014 Appeal from the Circuit Court of Caldwell County,

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS O P I N I O N COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS IN THE MATTER OF THE EXPUNCTION OF A.G. O P I N I O N No. 08-12-00174-CV Appeal from 171st District Court of El Paso County, Texas (TC # 2012-DVC02875)

More information

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant )

COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO. State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) COURT OF COMMON PLEAS, BELMONT COUNTY, OHIO State of Ohio, ) ) Plaintiff ) ) CASE NO.: vs. ) ) DRUG COURT PLEA, ) ) Defendant ) I,, being before the Court this day and with my counsel, Attorney, represent

More information

CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS. The City of Edmonds ( City ), Washington, is requesting proposals from well

CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS. The City of Edmonds ( City ), Washington, is requesting proposals from well CITY OF EDMONDS REQUEST FOR QUALIFICATIONS FOR PUBLIC DEFENSE ATTORNEYS The City of Edmonds ( City ), Washington, is requesting proposals from well qualified attorneys interested in providing legal representation

More information

Purpose of the Victim/Witness Unit

Purpose of the Victim/Witness Unit Purpose of the Victim/Witness Unit The Victim/Witness Assistance Division of the Lake County State s Attorney s Office was formed to serve the needs of people like you. The division is meant to ensure

More information

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

CITY OF MAPLE VALLEY, WASHINGTON RESOLUTION R-12-899

CITY OF MAPLE VALLEY, WASHINGTON RESOLUTION R-12-899 CITY OF MAPLE VALLEY, WASHINGTON RESOLUTION R-12-899 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLE VALLEY, WASHINGTON ADOPTING STANDARDS FOR INDIGENT DEFENSE SERVICES PROVIDED TO THE CITY OF MAPLE

More information

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT. Plaintiff and Respondent, v. Kern County Superior Court COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, F065134 v. Kern County Superior Court ARMANDO ALVAREZQUINTERO, No. BF132212A

More information

Your Criminal Justice System

Your Criminal Justice System Your Criminal Justice System Helpful Information for the Victims and Witnesses of Crime Provided by Kansas Attorney General Derek Schmidt Victims Services Division 120 SW 10th Ave, 2nd Floor Topeka, KS

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

GUIDE TO WHAT TO EXPECT

GUIDE TO WHAT TO EXPECT D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Written Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams

Written Response to Questions from Chairwoman Linda Sanchez for. Heather E. Williams Written Response to Questions from Chairwoman Linda Sanchez for Heather E. Williams First Assistant Federal Public Defender District of Arizona - Tucson 4 August, 2008 Follow-up to Testimony before the

More information

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights

Title 15 CRIMINAL PROCEDURE -Chapter 23 ALABAMA CRIME VICTIMS Article 3 Crime Victims' Rights Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

Seattle Municipal Court

Seattle Municipal Court City of Seattle Seattle Municipal Court Conflict Attorney Panel Policy Approved as of 12/08/09 Table of Contents I. PURPOSE... 4 II. CONFLICT ATTORNEY PANEL... 4 A. Provided by the.... 4 B. Northwest Defenders

More information

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S) SUPERIOR COURT OF CALIFORNIA Reserved for Clerk s File Stamp COUNTY: COUNTY OF EL DORADO PLAINTIFF: PEOPLE OF THE STATE OF CALIFORNIA DEFENDANT: DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM (Vehicle

More information

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4 Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

1. What is the role of a defense attorney?

1. What is the role of a defense attorney? FAQs for Advocates: Understanding the Role of Defense Attorneys And Suggestions for Interacting When the Survivor Is the Defendant in a Criminal Case January 2008 This document was developed by a work

More information

IN THE SUPREME COURT OF THE STATE OF DELAWARE

IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWIN SCARBOROUGH, Defendant Below- Appellant, v. STATE OF DELAWARE, Plaintiff Below- Appellee. No. 38, 2014 Court Below Superior Court of the State of Delaware,

More information

IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES

IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES Prepared by the New York State Defenders Association Immigrant Defense Project Last Updated August 2007

More information

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985

CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 CHAPTER 6: CRIMINAL PROCEDURE MICHIGAN COURT RULES OF 1985 Subchapter 6.000 General Provisions Rule 6.001 Scope; Applicability of Civil Rules; Superseded Rules and Statutes (A) Felony Cases. The rules

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

System Overview ~~~~~ Presented by: Darcie McElwee

System Overview ~~~~~ Presented by: Darcie McElwee System Overview ~~~~~ Presented by: Darcie McElwee SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles

More information

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT

More information

FAVORABLE DWI RESULTS 2009

FAVORABLE DWI RESULTS 2009 FAVORABLE DWI RESULTS 2009 KEY TERMS: VTL: Vehicle and Traffic Law PL: Penal Law BAC: Blood Alcohol Content DWAI (VTL 1192.1): driving while ability impaired-a traffic infraction same level violation as

More information

Michael Gayoso, Jr. Office of the County Attorney TH

Michael Gayoso, Jr. Office of the County Attorney TH Michael Gayoso, Jr. Office of the County Attorney TH 11 Judicial District/Crawford County, Kansas DIVERSION PROGRAM -- DRIVING UNDER THE INFLUENCE Pursuant to K.S.A. 22-2906 et seq. the Crawford County

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: : PEOPLE OF THE STATE OF CALIFORNIA v. DUI ADVISEMENT OF RIGHTS, WAIVER, AND PLEA FORM

More information

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-12-0762 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2014 IL App (1st) 120762-U No. 1-12-0762 FIFTH DIVISION February 28, 2014 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Commentary on the Model Misdemeanor Case Weighting Policy

Commentary on the Model Misdemeanor Case Weighting Policy Case weighting is an optional method for calculating public defense misdemeanor caseloads pursuant to the Washington Supreme Court Standards for Indigent Defense. What is the Purpose of this Packet? To

More information

IN THE MUNICIPAL COURT OF IOLA, KANSAS. CITY OF IOLA, KANSAS, ) Plaintiff, ) vs. ) 10 ), ) Defendant. DIVERSION AGREEMENT

IN THE MUNICIPAL COURT OF IOLA, KANSAS. CITY OF IOLA, KANSAS, ) Plaintiff, ) vs. ) 10 ), ) Defendant. DIVERSION AGREEMENT IN THE MUNICIPAL COURT OF IOLA, KANSAS CITY OF IOLA, KANSAS, Plaintiff, vs. 10, Defendant. DIVERSION AGREEMENT This Diversion Agreement, made and entered into this day of, 20, by and between, hereinafter

More information

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition) Chapter 813 2013 EDITION Driving Under the Influence of Intoxicants GENERAL PROVISIONS 813.010 Driving under the influence of intoxicants; penalty 813.011 Felony driving under the influence of intoxicants;

More information

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) ) ) ) ) ) ORIGINAL COMPLAINT

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION ) ) ) ) ) ) ) ) ) ) ORIGINAL COMPLAINT UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION WALTER ALLEN ROTHGERY, v. Plaintiff, GILLESPIE COUNTY, TEXAS, Defendant. Cause No. ORIGINAL COMPLAINT Plaintiff Walter Allen

More information

IAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7]

IAC 7/2/08 Parole Board[205] Ch 11, p.1. CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7] IAC 7/2/08 Parole Board[205] Ch 11, p.1 CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of[615] Ch 7] 205 11.1(906) Voluntary termination of parole. Any voluntary termination of parole should

More information

5/21/2010 A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS

5/21/2010 A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS A NEW OBLIGATION FOR CRIMINAL DEFENSE ATTORNEYS A practicing attorney for over 17 years, Jorge G. Aristotelidis is board certified in criminal law by the Texas Board of Legal Specialization, and is a former

More information

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800

1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 1255 West Colton Avenue, Suite 101, Redlands, CA 92374 Phone: (909) 255-0658 Fax: (909) 253-7800 11801 Pierce Street, 2 nd Fl, Riverside, CA 92505 Phone: (951) 530-1586 Fax: (951) 579-4738 3281 East Guasti

More information

BENTON COUNTY OFFICE OF PUBLIC DEFENSE

BENTON COUNTY OFFICE OF PUBLIC DEFENSE BENTON COUNTY OFFICE OF PUBLIC DEFENSE REQUEST FOR QUALIFICATIONS JUVENILE DEFENSE CONTRACTS Summary Application deadline is March 25, 2016 but Benton County reserves the right to review and evaluate applications

More information

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia

GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia Case 1:11-cr-00326-SCJ-JFK Document 119-1 Filed 01/20/12 Page 1 of 16 GUILTY PLEA and PLEA AGREEMENT United States Attorney Northern District of Georgia UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF

More information

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant )

STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO STATE OF OHIO ) CASE NO. CR 12 566449 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) LONNIE CAGE ) JOURNAL ENTRY ) Defendant ) John P. O Donnell, J.:

More information

VIRGINIA DUI FACTSHEET

VIRGINIA DUI FACTSHEET VIRGINIA DUI FACTSHEET BOSE LAW FIRM, PLLC Former Police & Investigators Springfield Offices: 6354 Rolling Mill Place, Suite 102 Springfield, Virginia 22152 Telephone: 703.926.3900 Facsimile: 800.927.6038

More information

FEDERAL RESERVE BANK of CLEVELAND

FEDERAL RESERVE BANK of CLEVELAND FEDERAL RESERVE BANK of CLEVELAND Stephen H. Jenkins Senior Vice President Supervision and Regulation Department P.O. Box 6387 Cleveland, OH 44101-1387 216.579.2905 216.269.3189 cell 216.579.2932 fax stephen.h.jenkins@clev.frb.org

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed.

APPEAL from an order of the circuit court for Dane County: STEVEN D. EBERT, Judge. Affirmed. COURT OF APPEALS DECISION DATED AND FILED August 28, 2008 David R. Schanker Clerk of Court of Appeals NOTICE This opinion is subject to further editing. If published, the official version will appear in

More information

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No. 41952 ) ) ) ) ) ) ) ) ) ) IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 41952 MICHAEL T. HAYES, Petitioner-Appellant, v. STATE OF IDAHO, Respondent. 2015 Unpublished Opinion No. 634 Filed: September 16, 2015 Stephen

More information

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS

CAUSE NO. THE STATE OF TEXAS IN THE 49th DISTRICT COURT ZAPATA COUNTY, TEXAS CAUSE NO. STATE S EXHIBIT #1 THE STATE OF TEXAS IN THE 49th DISTRICT COURT VS. OF ZAPATA COUNTY, TEXAS PLEA OF GUILTY, ADMONISHMENTS, VOLUNTARY STATEMENTS, WAIVERS, STIPULATION & JUDICIAL CONFESSION (Defendant

More information

Domestic Violence Case Management Plan

Domestic Violence Case Management Plan Domestic Violence Case Management Plan From the commencement of litigation to its resolution, whether by trial or settlement, it is the goal of this Court to reduce delay and enable just and efficient

More information

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS Case 307-cr-00289-M Document 368 Filed 08/01/2008 Page 1 of 6 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS UNITED STATES OF AMERICA, v. DON HILL, et al., Defendants. NO. 307CR289-R ELECTRONICALLY

More information

Your Guide to Illinois Traffic Courts

Your Guide to Illinois Traffic Courts Consumer Legal Guide Your Guide to Illinois Traffic Courts Presented by the Illinois Judges Association and the Illinois State Bar Association Illinois Judges Association Traffic courts hear more cases

More information

Posting Bail. First Court Appearance

Posting Bail. First Court Appearance With extensive background representing all types of clients in a variety of criminal defense cases, Tyler, Texas lawyer James W. Volberding has the experience and knowledge to represent individuals in

More information

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL People v. Case No. Advisement of Rights, Waiver, and Plea Form Vehicle Code 23152 Fill out this form if you wish to plead guilty or no contest to the charges

More information

Subchapter 6.600 Criminal Procedure in District Court

Subchapter 6.600 Criminal Procedure in District Court Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative

More information

January 22, 2016. Thank you for the opportunity to speak to the Committee about federal public defense.

January 22, 2016. Thank you for the opportunity to speak to the Committee about federal public defense. January 22, 2016 Judge Kathleen Cardone and Ad Hoc Committee to Review the Criminal Justice Act By email to autumn_dickman@ao.uscourts.gov Dear Judge Cardone and Members of the Committee: Thank you for

More information

Collin Juvenile Board Plan

Collin Juvenile Board Plan Collin Juvenile Board Plan Preamble 10/31/2013 To implement the Texas Fair Defense Act (FDA, Acts 2001,77th Leg.), the following Local Rules of Administration are adopted under Texas Local Government code

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Order. December 11, 2015

Order. December 11, 2015 Order Michigan Supreme Court Lansing, Michigan December 11, 2015 150661 PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 150661 COA: 318654 Saginaw CC: 12-037836-FH STEPHANIE WHITE, Defendant-Appellant.

More information

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT:

OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: OLMSTED COUNTY ATTORNEY DOMESTIC ABUSE PROSECUTION POLICY POLICY STATEMENT: It is the policy of the Olmsted County Attorney to pursue all domestic abuse allegations with zealous, yet discretionary prosecution

More information

Senate Bill No. 86 Committee on Transportation and Homeland Security

Senate Bill No. 86 Committee on Transportation and Homeland Security Senate Bill No. 86 Committee on Transportation and Homeland Security CHAPTER... AN ACT relating to offenses; providing that counseling and evaluations required for certain offenses may be conducted in

More information

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now

Decades of Successful Sex Crimes Defense Contact the Innocence Legal Team Now Criminal Court Felonies The U.S. has the highest rate of felony conviction and imprisonment of any industrialized nation. A felony crime is more serious than a misdemeanor, but the same offense can be

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET

MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET MONROE COUNTY OFFICE OF THE DISTRICT ATTORNEY PRELIMINARY HEARING DOCUMENT PACKET NON-DUI RELATED WORKSHEET Name of Docket Year Docket Number OTN Arraignment Date Omnibus Deadline Enter First and Last

More information

CONSTITUTIONAL RIGHTS

CONSTITUTIONAL RIGHTS RIGHTS OF THE CRIMINALLY ACCUSED GENERAL LEGAL RIGHTS CHAPTER 10 INTRODUCTION Constitutional rights relating to American criminal law are the same for all adult persons, whether they have a disability

More information

courts within the City and also may not accept referral fees for referring such cases to lawyers in

courts within the City and also may not accept referral fees for referring such cases to lawyers in Page 2 of 6 courts within the City and also may not accept referral fees for referring such cases to lawyers in private practice. Background A criminal matter involves an action or proceeding in which

More information

THE FEDERAL RESERVE BANK OF RICHMOND RICHMOND - BALTIMORE-CHARLOTTE Post Office Box 27622 - Richmond,VA 23261 Phone 804-697-8000- www.richmondfed.

THE FEDERAL RESERVE BANK OF RICHMOND RICHMOND - BALTIMORE-CHARLOTTE Post Office Box 27622 - Richmond,VA 23261 Phone 804-697-8000- www.richmondfed. THE FEDERAL RESERVE BANK OF RICHMOND RICHMOND - BALTIMORE-CHARLOTTE Post Office Box 27622 - Richmond,VA 23261 Phone 804-697-8000- www.richmondfed.org September 17, 2008 Via Certified Mail Stephen Wayne

More information

APPLICATION NAMES OF PARTNERS AND/OR ASSOCIATES ON CJA PANEL: PROFESSIONAL AFFILIATIONS/BAR MEMBERSHIPS:

APPLICATION NAMES OF PARTNERS AND/OR ASSOCIATES ON CJA PANEL: PROFESSIONAL AFFILIATIONS/BAR MEMBERSHIPS: APPLICATION FOR ADMISSION ON THE CRIMINAL JUSTICE ACT DEFENSE PANEL WESTERN DISTRICT OF WASHINGTON NAME: FIRST MIDDLE LAST NAME OF LAW FIRM: ADDRESS: OFFICE PHONE: CELL PHONE: E MAIL: NAMES OF PARTNERS

More information

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360

MONROE COUNTY PUBLIC DEFENDER MONROE COUNTY COURTHOUSE 610 MONROE STREET, SUITE 21 STROUDSBURG, PENNSYLVANIA 18360 CHECKLIST FOR ALL FIRST OFFENSE DRIVING UNDER THE INFLUENCE CASES IMPORTANT: HIRE A LAWYER OR, IF YOU CANNOT AFFORD ONE, APPLY FOR A PUBLIC DEFENDER IMMEDIATELY. YOU MUST MEET INCOME GUIDELINES TO QUALIFY

More information

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition)

Chapter 153. Violations and Fines 2013 EDITION. Related Laws Page 571 (2013 Edition) Chapter 153 2013 EDITION Violations and Fines VIOLATIONS (Generally) 153.005 Definitions 153.008 Violations described 153.012 Violation categories 153.015 Unclassified and specific fine violations 153.018

More information

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes.

A petty offense is either a violation or a traffic infraction. Such offenses are not crimes. F REQUENTLY A SKED Q UESTIONS A BOUT T HE C RIMINAL J USTICE S YSTEM WHO IS THE DISTRICT ATTORNEY? The New York State Constitution provides that the District Attorney is a public official elected by the

More information

Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL

Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL Kittitas County Prosecuting Attorney GREGORY L. ZEMPEL KITTITAS COUNTY COURTHOUSE 205 WEST FIFTH, ROOM 213 ELLENSBURG, WA 98926-3129 Deputies: TELEPHONE (509) 962-7520 L. Candace Hooper FAX (509) 962-7022

More information

U.S. Department of Justice. United States Attorney Southern District of New York. May 11, 2010

U.S. Department of Justice. United States Attorney Southern District of New York. May 11, 2010 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew s Plaza New York, New York 10007 By Hand Michael Pancer, Esq. 105 West F Street

More information

Filing Fee $117.00. Instructions for Sealing a Criminal Record

Filing Fee $117.00. Instructions for Sealing a Criminal Record Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *

More information

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. 42 4 1301. Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties. (1) (a) It is a misdemeanor for any person who is under the influence of alcohol

More information

Office of the Bexar County Criminal District Attorney

Office of the Bexar County Criminal District Attorney M.I.L.E.S. (Meaningful Intervention Leading to Enduring Success) A Pre-Trial Diversion Program by the Bexar County Criminal District Attorney s Office Overview The Bexar County Criminal District Attorney

More information

Case 2:11-cv-01100-RSL Document 121 Filed 12/02/11 Page 1 of 23 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 2:11-cv-01100-RSL Document 121 Filed 12/02/11 Page 1 of 23 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE Case :-cv-00-rsl Document Filed /0/ Page of 0 JOSEPH JEROME WILBUR, a Washington resident; JEREMIAH RAY MOON, a Washington resident; and ANGELA MARIE MONTAGUE, a Washington resident, individually, and

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney

OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney OFFICE OF THE DISTRICT ATTORNEY Third Judicial District Of Kansas Chadwick J. Taylor, District Attorney Shawnee County Courthouse Fax: (785) 251-4909 200 SE 7th Street, Suite 214 Family Law Fax: (785)

More information

OFFICE OF THE DISTRICT ATTORNEY

OFFICE OF THE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont

More information

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v.

Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing. The Charging Decision. Grand Jury 5/22/2014. Misdemeanors v. Criminal Justice 101 (Part II) Grand Jury, Trial, & Sentencing Presented at: Office of the Attorney General 2014 Texas Crime Victim s Services Conference Transformations: Building Community Networks Grand

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 04, 2014 WILLIAM NEWSON v. STATE OF TENNESSEE Appeal from the Circuit Court for Madison County No. C13358 Roy B. Morgan,

More information

U.S. District Court Eastern District of Michigan (Detroit) CRIMINAL DOCKET FOR CASE #: 2:02-cr-81007-RHC-1

U.S. District Court Eastern District of Michigan (Detroit) CRIMINAL DOCKET FOR CASE #: 2:02-cr-81007-RHC-1 U.S. District Court Eastern District of Michigan (Detroit) CRIMINAL DOCKET FOR CASE #: 2:02-cr-81007-RHC-1 Case title: USA v. Issa Magistrate judge case number: 2:02-mj-81007 Date Filed: 12/04/2002 Date

More information

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009

Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009 Rule 6 Adopted at a joint meeting of the District and County Court at Law Judges of Webb County on December 2, 2009 Committee Members Pete Garza Hugo Martinez Richard Gonzalez Fernando Sanchez Eduardo

More information