BUREAU OF JUSTICE ASSISTANCE (BJA) DRUG COURT CLEARINGHOUSE/TECHNICAL ASSISTANCE PROJECT
|
|
- Gary Pitts
- 8 years ago
- Views:
Transcription
1 JUSTICE PROGRAMS OFFICE SCHOOL OF PUBLIC AFFAIRS BUREAU OF JUSTICE ASSISTANCE (BJA) DRUG COURT CLEARINGHOUSE/TECHNICAL ASSISTANCE PROJECT FREQUENTLY ASKED QUESTIONS SERIES: States Considering Presumptive Sentencing Provisions Requiring DUI Drug Court Participation for DUI Misdemeanor Offenses Subject: States Considering Presumptive Sentencing Provisions Requiring DUI Drug Court Participation for DUI Misdemeanor Offenses From: BJA Drug Court Clearinghouse/Technical Assistance Project Date: February 2, 2013 Michelle Bartley, State Drug Court Coordinator for Alaska, has raised the following concerns regarding the state s consideration of changing their current practice relating to the process for referring individuals to misdemeanor DUI Courts. At the time of her request, participation in misdemeanor DUI Courts in Alaska had been voluntary. However, the Therapeutic Courts subcommittee, a policy level stakeholder group, had been considering the possibility of mandating participation in misdemeanor DUI Drug Courts for persons who (1) had committed their second misdemeanor DUI offense within 12 months; and/or (2) met the criteria for high risk as defined by NHTSA, as space permits. Michelle indicated that there has been a belief in Alaska that defendants with a 2 nd DUI offense within 12 months would be appropriate for a mandatory referral and if deemed appropriate, would be placed in the DWI court. With this background, Michelle asked for the following information on behalf of the therapeutic courts subcommittee: Questions (1) Is there any other state that sentences defendants, charged with misdemeanor DUI offenses, to be screened and evaluated for participation in a misdemeanor DUI Court? (2) If so, what is the experience with that approach? NOTE: Ms. Bartley indicated that Alaska would like to move to what they're calling a "presumptive system" where every defendant who meets the legal criteria (charged with a second DUI within 12 months of the first conviction) would be offered the option of entering the DUI therapeutic court if (a) there is an opening in the court; and (b) a clinical assessment indicates that the defendant's treatment needs can be met. She indicates "We would like to move away from the current admissions system which is seen by many as highly subjective and time-consuming because it involves the defense
2 attorney proposing particular clients for admission and the prosecutor then determining whether he/she wants to forward those names to the team. RESPONSES CONNECTICUT Kimberly D. Joyner, L.M.F.T Caseflow Management Specialist Court Operations - Criminal Division Judicial Branch, Superior Court State of Connecticut Wethersfield, CT Kimberly.Joyner@jud.ct.gov Comment [AU1]: It is only listed as court operations in the . I searched online and I believe that it is the court operations department for the state of CT. [succeeded by Chris Pleasanton, Court Planner/Coordinator Chris.Pleasonton@Jud.Ct.Gov] Connecticut does not have a DUI/DWI court. MARYLAND Judge Neil Edward Axel District Court of Maryland for Howard County Ellicott City, MD Neil.Axel@courts.state.md.us A problem solving approach to repeat DUI offenders has proven to be more effective than traditional sentencing approaches and certainly any effort to refer offenders to a Drug or DUI Court program is beneficial. Of note, however, is a recent webinar from the National Drug Court Institute that addresses the important differences between DUI Court participants and Drug Court participants, and why separate tracks should be maintained. It is a 60-minute program on "The DWI vs. the Drug Offender" and the second half of the program (Judge Patrick Bowler) discusses this issue. The webinar can be found at the following website. Once you get there, simply click on the "Watch this webinar"link. In Howard County, Maryland we run both a Drug and DUI Court program, and although there is some overlap with the same Team members, we schedule the DUI review hearings in the afternoon and the Drug Court review hearings in the morning. Kerin Raymond Drug Court Coordinator MASSACHUSETTS
3 Concord and Ayer Drug Courts Massachusetts does not have any guidelines or regulations pertaining to this inquiry. Abby Kuschel Wellness Court Coordinator Itasca County Wellness Court Grand Rapids, MN MINNESOTA Itasca County in Minnesota currently doesn t employ this practice; however, I find it very intriguing. I would love to get a summary of the responses you receive to take into consideration. Joseph K. Craft State Drug Court Coortdinator Mississippi Administrative Office of the Courts Jackson, MS jcraft@courts.ms.gov MISSISSIPPI Mississippi does not. However, I like the idea of this and would like to know how this turns out. Linda Miller Coordinator Billings Municipal Treatment Court Billings, MT millerl@ci.billings.mt.us MONTANA In April of 2011, the State of Montana passed a new law stating anyone found guilty of an Aggravated DUI (link to statute: m) must be sentenced into mandatory treatment court where available. I was very happy the law had passed and finally our state (ranked 2 nd in the nation per capita for DUI s) was being proactive with treating DUI offenders. The only drawback was the Legislature forgot one important thing funding! Billings, the largest town in MT with a population of 109,000. The Court has seen over 150 people charged with Aggravated DUI s, not counting 1 st -3 rd offenses. At this point, we do not have a designated DUI Court and we are seeking funding to offset the DUI offenses from our Drug Court. Secondly, NADCP strongly supports voluntary admission into Treatment Courts; I feel the voluntary requirement is important because offenders must want to change rather than have attempts to MAKE THEM CHANGE BEFORE THEY ARE READY. Our team has seen an influx of Aggravated DUI offenders with low motivation or little chemical dependency issues who are not willing to participate while in treatment. Their poor attitude towards the court and treatment is counterproductive to the people who want help. Our team has decided to enroll all Aggravated DUI offenders into the Prime For Life class. Based on
4 an exit interview, we can determine if treatment court is the correct approach or a less intensive alternative is warranted. We believe each person should be taken on a case by case basis. NEVADA Toni R. Barden Judicial Executive Assistant to Judge Douglas W. Hedger Henderson Municipal Court Department 2 Henderson, NV Toni.Barden@cityofhenderson.com We do not have such a provision. Robert A. Gasser Coordinator Grafton County Superior Court Drug Court North Haverhill, NH ragasser1@yahoo.com NEW HAMPSHIRE We have no DUI courts at this time in New Hampshire. Judge Ernie L. Glenn Bexar County Felony Drug Court San Antonio, TX eglenn@bexar.org TEXAS One section of the Texas Drug Court Enabling Statute, specifically, Sec of the Health and Safety Code, seems to require participation in Drug Court for subsequent DWI offenders if the county has a Drug Court program but not a DWI specific program. It reads as follows: "(a) The Commissioners Court of a county may establish under this chapter a drug court program exclusively for persons arrested for, charged with, or convicted of an offense involving the operation of a motor vehicle while intoxicated. (b) A county that establishes a drug court program under this chapter but does not establish a separate program under this section must employ procedures designed to ensure that a person arrested for, charged with, or convicted of a second or subsequent offense involving the operation of a motor vehicle while intoxicated participates in the county's existing drug court program." On the felony side, we are receiving quite a few DWI cases due to this language and it seems to be working quite well. Of course, the alternative for these participants could be 2-10 years in prison! Our biggest problem at this point is capacity. WASHINGTON
5 Bradley Finegood, LMHC Therapeutic Specialty Courts Coordinator Clark County Superior Court Clark County [In this case] the State would mandate each jurisdiction to have a DUI court also. Debbie Garvin Programs Manager Cowlitz County Drug Court Longview, WA GarvinD@co.cowlitz.wa.us Cowlitz County does not have a DUI Court. Rose Wilhelm Deputy Prosecuting Attorney rwilhel@co.pierce.wa.us Cowlitz County Pierce County Pierce County, WA does not have a DUI court. Shannon Koutecky DUI/District Court Probation Manager Spokane County District Court Spokane, WA SKoutecky@spokanecounty.org Spokane County Here in Spokane Washington, we, too, have a DUI Court. A couple of years ago we changed our criteria from opt in to Mandatory. If an offender has been convicted of a 3rd or more DUI within 10 years, he/she is ordered into our DUI Court. It's working ok for us. However, we have gotten some push back from defense attorneys on this issue. What we do see are deals being made to reduce that 3rd charge to a lesser offense so that offenders are not "ordered" to enter the program. This [negotiation] occurs because the prosecutors may have legal issues that create problems for them to take that case to trial. We will see in a few more years just how effective this process will be for us in making it mandatory. Shauna McCloskey Therapeutic Specialty Courts Coordinator Clark County District Court shauna.mccloskey@clark.wa.gov
6 Here in the State of Washington, Spokane County moved to a mandatory DWI Court a few years ago on a 3 rd DUI offense w/in 10 years. I ve been discussing this exact concept with my DUI Court team in the last few months and hitting resistance. I d like to learn more. I ve been proposing a DUI Court for offenders picking up their 3 rd or 4 th DUI within 7 years (that coincides with our sentencing structure here in the state). Thurston County Ellen Goodman Program Administrator, DUI/Drug Court Programs Thurston County Superior Court Olympia, WA goodmae@co.thurston.wa.us Here in Thurston County, Washington we have a DUI/Drug Court. Shelly L. Fox Special Projects Manager Office of Court Operations Madison, WI Shelly.Fox@wicourts.gov WISCONSIN I am not aware of any of our Wisconsin OWI courts having a model similar to that proposed by Alaska. WYOMING Enid White Supervised Treatment Program Manager State of Wyoming Court Behavioral Health Division Cheyenne, WY enid.white@wyo.gov In Wyoming, all participants who enter the programs must do so voluntarily. This is statutory. Here is the language from Wyo. Stat (c) and (d): (c) Participation in a program shall only be with the consent of the referring judge, the participant and the prosecuting attorney, and acceptance of the participant by the program team in accordance with a written agreement between the participant and the program team. The agreement shall include the participant's consent to release of medical and other records relevant to his treatment history and assessment that meets the requirements of 42 U.S.C. 290dd-2(b), 42 C.F.R. part 2.31 or W.S (c), as applicable. Prior to a participant's entry into a written agreement, the participating judge shall inform the participant that he may be subject to a term of probation that exceeds the maximum term of imprisonment established for the particular offense charged, as provided in W.S and
7 (d) Nothing in this act shall confer a right or an expectation of a right to participate in a program, nor does this act obligate a program team to accept any proposed participant. Neither the establishment of a program nor anything herein contained shall be construed as limiting the discretion of a prosecuting attorney in regard to the prosecution of any criminal or juvenile case. Peggy Hora Judge (Ret.) Superior Court of California Walnut Creek, CA peggyhora@sbcglobal.net OTHER In California, they are for High Risk/High Need repeat offenders and first timers with high Blood Alcohol Readings. For instance, in California, it s not a felony until the 4 th time and then it s a wobbler (misdemeanor or felony). Whether misdemeanor or felony, depending on state law. DWI courts are specifically for repeat offenders or first offenders with high BACs (typically.15 or >) ************************ We welcome any additional information and/or perspective readers may have on this topic. BJA Drug Court Clearinghouse Justice Programs Office, School of Public Affairs American University 4400 Massachusetts Avenue NW, Brandywine, Suite 100 Washington D.C Tel: 202/ Fax: 202/ justice@american.edu Web:
8
*Time is listed as approximate as an offender may be charged with other crimes which may add on to the sentence.
Victims of drunk driving crashes are given a life sentence. In instances of vehicular homicide caused by drunk drivers, these offenders rarely receive a life sentence in prison. Laws vary greatly on the
More informationFREQUENTLY ASKED QUESTIONS SERIES: Current Focus of Drug Court Programs
JUSTICE PROGRAMS OFFICE SCHOOL OF PUBLIC AFFAIRS FREQUENTLY ASKED QUESTIONS SERIES: Current Focus of Drug Court Programs Subject: Current Focus of Drug Court Programs Within The Criminal Justice Process
More informationVIRGINIA 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 informationFELONY DUI SYNOPSIS. 46 states have felony DUI. Charts 1 and 2 detail the felony threshold for each of the 46 states analyzed.
FELONY DUI SYNOPSIS The information in the following charts was compiled by examining the felony DUI laws in all 50 sates and the District of Columbia. The analysis focuses on the felony DUI threshold,
More informationALABAMA s FELONY DUI STATUTE- A HISTORY. [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.
ALABAMA s FELONY DUI STATUTE- A HISTORY [This document was originally prepared by AOC and was later revised and updated by Patrick Mahaney.] Felony DUI, as a statutory offense under the Alabama Code, was
More informationAdult Plea Negotiation Guidelines
From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed
More informationFACT SHEET. Views from the National Council on Crime and Delinquency. Youth Under Age 18 in the Adult Criminal Justice System. Christopher Hartney
June 26 FACT SHEET Views from the National Council on Crime and Delinquency Youth Under Age 18 in the Adult Criminal Justice System Christopher Hartney Negative Impacts on Youth Processed in the Adult
More information**************************************** I. FACTUAL BACKGROUND.
STATE OF IDAHO County of KOOTENAI ss FILED AT O clock M CLERK, DISTRICT COURT Deputy IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, vs. STATE OF IDAHO IN AND FOR THE COUNTY
More informationPenalties by State for Driving While Revoked, Suspended or Otherwise Unlicensed
Penalties by State for Driving While Revoked, Suspended or Otherwise Unlicensed State Citation Penalties Alabama 32-6-19 Misdemeanor.100-$500 fine, additional fine of $50; Possible jail sentence of not
More informationTHE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY STATE OF ARIZONA CASE NO: CR v. APPLICATION TO: DEFENDANT RESTORE CIVIL RIGHTS RESTORE GUN RIGHTS Complete and Date of Birth: Attach Request to Restore Right
More informationIN 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 informationFAVORABLE 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 informationChapter 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 informationTHE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY
THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY STATE OF ARIZONA CASE NO: CR v. APPLICATION TO: DEFENDANT RESTORE CIVIL RIGHTS RESTORE GUN RIGHTS Complete and Date of Birth: Attach Request to Restore Right
More informationChild Endangerment. Black s Law Dictionary defines child abuse as:
Child Endangerment In 2012, 20 percent of the children age 14 and younger who were killed in motor vehicle crashes were killed in alcohol-impaired crashes. Of the 239 children 0 to 14 years old who were
More informationDWI Conviction Penalties. Penalty Overview
Penalty Overview As your Attorney, I will work to have your DWI charge dismissed or have you found not guilty. If DWI conviction penalties, such as a fine or jail time, are incurred, we will work together
More informationIgnition Interlocks: Every State, For Every Convicted Drunk Driver
Ignition Interlocks: Every State, For Every Convicted Drunk Driver In 2013, 10,076 people were killed in crashes caused by a drunk driver with a blood alcohol concentration (BAC) of.08 or greater. General
More informationTo: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M
To: Commission From: Christopher Cavaiola and Laura C. Tharney Re: Title 39 Driving while intoxicated Date: July 11, 2011 M E M O R A N D U M Various officials have asked the Commission to consider revising
More informationI just got arrested for a State of South Carolina DUI charge. What happens now?
I just got arrested for a State of South Carolina DUI charge. What happens now? ISSUE ONE: The South Carolina Implied Consent Proceeding: Under South Carolina's implied consent law, a person who drives
More informationJuvenile Life Without Parole (JLWOP) February 2010
Life Without Parole (JLWOP) February 2010 STATE LWOP Law JLWOP 1 ALABAMA YES 62 0 court Ala. Stat. 13A-6-2 ALASKA No LWOP parole always possible No -- -- - Max. age of 18 yrs. old Alaska Stat. 11.41.100
More informationRULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX
RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting
More informationSenate 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 informationUNDERSTANDING 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 informationRECOMMENDATIONS FOR GUIDELINE AREA 5A DIAGNOSIS AND SCREENING (** Priority Recommendations)
RECOMMENDATIONS FOR GUIDELINE AREA 5A DIAGNOSIS AND SCREENING (** Priority Recommendations) 1. DEVELOP/PROVIDE SCREENING MECHANISM FOR DUI OFFENDERS - ** Connecticut should implement pre-sentence screening
More information[As Amended by Senate Committee of the Whole] SENATE BILL No. 351. By Joint Committee on Corrections and Juvenile Justice Oversight 1-11
Session of 00 [As Amended by Senate Committee of the Whole] SENATE BILL No. By Joint Committee on Corrections and Juvenile Justice Oversight - 0 0 0 AN ACT concerning crimes, punishment and criminal procedure;
More informationPurpose 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 informationIt s a Privilege to Drive: Snapshot of Impaired Driving in Montana
It s a Privilege to Drive: Snapshot of Impaired Driving in Montana Unlawful Acts Notes Montana Code Drive under the influence of drugs or alcohol: DUI Operate a noncommercial vehicle with excessive alcohol
More informationOVERPAYMENTS IN GENERAL
IN GENERAL This chapter deals with state law provisions identifying, establishing, and collecting overpayments. All states have provisions addressing these matters. A state s law generally differs in the
More informationDELAWARE STATE PROFILE
The National Hardcore Drunk Driver Project DELAWARE STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationThe Consequences of a Juvenile Delinquency Record in Minnesota
The Consequences of a Juvenile Delinquency Record in Minnesota 1. Is it true that a juvenile delinquency record will not limit a young person s future opportunities in Minnesota? No, it is not true. Although
More informationHow to Apply for a Pardon. State of California. Office of the Governor
How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary
More informationExternal Advisory Group Meeting June 2, 2015
External Advisory Group Meeting June 2, 2015 1. There seems to be an extended wait from disposition to sentence where defendants are in jail awaiting the completion of the pre-sentence report. How many
More information2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY
2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 Annual Report presented in April 2015 FUNCTIONS AND RESPONSIBILITIES The primary function of the Office of the District Attorney is to prosecute
More informationHENRY COUNTY SUPERIOR COURT
Date: HENRY COUNTY SUPERIOR COURT REFERRAL FORM FOR IN-PATIENT TREATMENT Referred by: Relationship: (Name) Contact Number(s): PARTICIPANT INFORMATION: (Lawyer, Probation Officer, Jail staff, DA or Solicitor
More informationCRIMINAL LAW UPDATE 2014 LEGISLATURE. André de Gruy Capital Defender
CRIMINAL LAW UPDATE 2014 LEGISLATURE André de Gruy Capital Defender Corrections and Criminal Justice Task Force Created - HB 1231 2013 Leg. Judge and Prosecutor concerns about lack of certainty in sentencing/time-served
More informationCONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2055
SESSION OF 2015 CONFERENCE COMMITTEE REPORT BRIEF HOUSE BILL NO. 2055 As Agreed to May 18, 2015 Brief* HB 2055 would amend law related to battery against a law enforcement officer, determination of criminal
More informationATTORNEY GENERAL OPINION NO. 86-172. Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501
ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1986 ATTORNEY GENERAL OPINION NO. 86-172 Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 Re:
More informationPRETRIAL DUI DIVERSION INFORMATION SHEET
PRETRIAL DUI DIVERSION INFORMATION SHEET If you have been charged with Driving Under the Influence of Alcohol and/or Drugs or an alcohol related charge, you may be eligible for consideration for the City
More informationPROJECT 375 EMPLOYMENT APPLICATION
PROJECT 375 EMPLOYMENT APPLICATION Thank you for your interest in PROJECT 375. Our application process is built to ensure the very best experience for you the applicant. Please follow these instructions
More informationVermont Legislative Council
Vermont Legislative Council 115 State Street Montpelier, VT 05633-5301 (802) 828-2231 Fax: (802) 828-2424 MEMORANDUM To: From: House Judiciary Committee Erik FitzPatrick Date: February 19, 2015 Subject:
More informationLEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 2015 IN THE SENATE SENATE BILL NO. 1026
LEGISLATURE OF THE STATE OF IDAHO Sixty-third Legislature First Regular Session - 0 IN THE SENATE SENATE BILL NO. 0 BY JUDICIARY AND RULES COMMITTEE 0 0 0 0 AN ACT RELATING TO DRIVING UNDER THE INFLUENCE;
More informationYour 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 informationMental Illness and the Criminal Justice System. Ashley Rogers, M.A. LPC
Mental Illness and the Criminal Justice System Ashley Rogers, M.A. LPC 1. Dallas County Diversion Program options, components, and interventions 2. Outline of the Dallas County Court System and required
More informationOWI SENTENCING GUIDELINES
FIFTH JUDICIAL DISTRICT OWI SENTENCING GUIDELINES Citation Issued On or After: July 2, 2013 District Court Administrator 215 S. Hamilton Street, Room 6111 Madison WI 53703-3295 (608) 267-8820 James P.
More informationWisconsin 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 informationGAO. JUVENILE JUSTICE Juveniles Processed in Criminal Court and Case Dispositions. Report to Congressional Requesters
GAO United States General Accounting Office Report to Congressional Requesters August 1995 JUVENILE JUSTICE Juveniles Processed in Criminal Court and Case Dispositions GAO/GGD-95-170 GAO United States
More information2016 Individual Exchange Premiums updated November 4, 2015
2016 Individual Exchange Premiums updated November 4, 2015 Within the document, you'll find insights across 50 states and DC with available findings (i.e., carrier participation, price leadership, gross
More informationCriminal Justice 101. The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness. April 2009
Criminal Justice 101 The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness April 2009 Acronyms DOC = Department of Corrections DYC = Division of Youth Corrections DCJ
More informationCommonwealth of Kentucky Court of Appeals
RENDERED: MARCH 14, 2008; 2:00 P.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2007-CA-001304-MR DONALD T. CHRISTY APPELLANT v. APPEAL FROM MASON CIRCUIT COURT HONORABLE STOCKTON
More information90 day license suspension. 5 year license suspension
STATE LICENSEE WITH IN STATE DUI RESULT OF REFUSAL LICENSEE WITH OUT OF STATE DUI ALABAMA Alabama Department of Public Safety Division Chief: (334) 353 1470 Chief Driver License Examiner: (334) 353 1974
More informationDUI FAQ Guide. FAQs to Help Guide You Through The Florida DUI Process
DUI FAQ Guide FAQs to Help Guide You Through The Florida DUI Process Randy Berman, Esq. Law Offices of Randy Berman (561) 537-3877 RandyBermanLaw.com A Simple guide for someone recently arrested for a
More informationT2007 Seattle, Washington
T2007 Seattle, Washington Search Warrants for BAC Test Refusals James Hedlund* 1, Douglas Beirness 2, and Amy Berning 3 1 Highway Safety North, Ithaca, NY, U.S.A.; 2 Beirness & Associates, Ottawa, ON,
More informationThe NH Court System excerpts taken from http://www.courts.state.nh.us/press/030608guide.pdf
The NH Court System excerpts taken from http://www.courts.state.nh.us/press/030608guide.pdf NH court system: The modern trial and appellate court system in New Hampshire took shape in 1901, when the legislature
More informationILLINOIS STATE PROFILE
The National Hardcore Drunk Driver Project ILLINOIS STATE PROFILE KEY HARDCORE DRUNK DRIVING LEGISLATION: Administrative License Revocation Yes High BAC Law (0.15 BAC or greater) Yes Enhanced Penalties
More informationRemoval of Youth in the Adult Criminal Justice System: A State Trends Update. Rebecca Gasca on behalf of Campaign for Youth Justice
Removal of Youth in the Adult Criminal Justice System: A State Trends Update Rebecca Gasca on behalf of Campaign for Youth Justice Juvenile Court founded in 1899 to create a separate justice system for
More informationCRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?
THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never
More information1255 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 informationPROBATION LENGTH AND CONDITIONS IN KANSAS
kslegres@klrd.ks.gov 68-West Statehouse, 300 SW 10th Ave. Topeka, Kansas 66612-1504 (785) 296-3181 FAX (785) 296-3824 http://www.kslegislature.org/klrd January 27, 2015 To: From: Re: House Committee on
More informationOBJECTIVES CRIMINAL PROCESS- PROSECUTING ATTORNEY S OFFICE NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES
NAVIGATING THE CRIMINAL AND CIVIL PROCESS IN CHILD ABUSE AND NEGLECT CASES LORI FLUEGEL ASSISTANT PROSECUTING ATTORNEY JACKSON COUNTY OBJECTIVES UNDERSTANDING OF THE CRIMINAL AND CIVIL PROCESS OF CHILD
More informationSEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney
SEALING OF RECORDS Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE DAVID ROGER District Attorney NOTICE: This Website contains instructions for using the Clark County District
More informationSTATE INCOME TAX WITHHOLDING INFORMATION DOCUMENT
STATE INCOME TAX WITHHOLDING INFORMATION DOCUMENT Zurich American Life Insurance Company (ZALICO) Administrative Offices: PO BOX 19097 Greenville, SC 29602-9097 800/449-0523 This document is intended to
More informationCRIMINAL RECORD INFORMATION STATEWIDE CRIMINAL CHECKS CRIMINAL RECORD DATABASES FAIR CREDIT REPORTING ACT RESTRICTIONS
CRIMINAL RECORD INFORMATION STATEWIDE CRIMINAL CHECKS CRIMINAL RECORD DATABASES FAIR CREDIT REPORTING ACT RESTRICTIONS If you have surfed the Internet you have no doubt seen all types of criminal record
More informationThe Honorable Kevin G. Sasinoski. Assistant District Attorney: Lawrence Mitchell. Paralegal: Aleta Pfeifer. Public Defender: Richard Romanko
DUI Court is a Problem Solving Court or commonly referred to as a drug court. A "drug court," as defined by the National Association of Drug Court Professionals, is "a special court given the responsibility
More informationMaricopa 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 informationSUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA
SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA CRIMINAL BAIL SCHEDULE Adopted January 2, 2014 pursuant to Penal Code sections 1269b.(c) and 1269b.(d) CHANGES TO THE BAIL SCHEDULE 2014 ** New PC section
More informationIowa Legislative Fiscal Bureau. Impact of Changing Iowa's Operating While Intoxicated (OWI) Statute
Iowa Legislative Fiscal Bureau I S S U R V I W Dennis Prouty State Capitol (515) 281-5279 Des Moines, IA 50319 FAX 281-8451 December 4, 2002 ISSU Impact of Changing Iowa's Operating While Intoxicated (OWI)
More informationCRIMINAL 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 informationIssue Current Law House Bill Senate Bill Mandatory
Mandatory booking A police officer has authority to arrest a person when the officer has probable cause to believe that the person has violated certain traffic laws. Requires mandatory arrest upon a person's
More informationLexisNexis Law Firm Billable Hours Survey Top Line Report. June 11, 2012
LexisNexis Law Firm Billable Hours Survey Top Line Report June 11, 2012 Executive Summary by Law Firm Size According to the survey, we found that attorneys were not billing all the time they worked. There
More informationLIMITED PARTNERSHIP FORMATION
LIMITED PARTNERSHIP FORMATION The following Chart has been designed to allow you in a summary format, determine the minimum requirements to form a limited partnership in all 50 states and the District
More informationOccupational Licenses for Justice of the Peace Courts
Occupational Licenses for Justice of the Peace Courts Presented by G. Cole Spainhour Attorney at Law 1811 North Austin Avenue, Suite 204 Georgetown, TX 78626 Phone (512) 930-0797 cspainhour@outlook.com
More informationInformation 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 informationSENATE FILE NO. SF0112. Substance abuse prevention and treatment-juveniles.
00 STATE OF WYOMING 0LSO-0 SENATE FILE NO. SF0 Substance abuse prevention and treatment-juveniles. Sponsored by: Senator(s) Scott and Jennings and Representative(s) Brechtel, Gilmore, Hastert, Iekel, Jackson,
More informationProgram Narrative. effectiveness of state and local criminal justice systems by providing a centralized and impartial
Program Narrative The Criminal Justice Commission s (CJC) purpose is to improve the efficiency and effectiveness of state and local criminal justice systems by providing a centralized and impartial forum
More informationTHEFT AND FINANCIAL CRIMES DEFERRED JUDGMENT INFORMATION SHEET
THEFT AND FINANCIAL CRIMES DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with the crime of petty larceny, (Contrary to Section 5.42.010 of the Code of the City of Wichita), Issuing a Worthless
More informationwww.centurycouncil.org D r u n k D r i v i n g
State of www.centurycouncil.org D r u n k D r i v i n g Fatalities in America 2 0 0 7 Chairman The Honorable Susan Molinari Board of Directors Bacardi U.S.A., Inc. Beam Global Spirits and Wine, Inc. Brown-Forman
More information1 VERGERONT, J. 1 Daniel Stormer was convicted of operating a motor vehicle while intoxicated, third offense, contrary to WIS. STAT.
COURT OF APPEALS DECISION DATED AND FILED May 31, 2001 Cornelia G. Clark Clerk, Court of Appeals of Wisconsin NOTICE This opinion is subject to further editing. If published, the official version will
More informationADP TOTALSOURCE MODEL EMPLOYMENT APPLICATION
ADP TOTALSOURCE MODEL EMPLOYMENT APPLICATION INSTRUCTIONS: Please detach this instruction page prior to giving the application form to the applicant. Please note that we generally advise against making
More informationAppendix I. Thurston County Criminal Justice Treatment Account Plan
Appendix I Thurston County Criminal Justice Treatment Account Plan 2014-2016 Thurston County Criminal Justice Treatment Account Plan 2014-2016 This plan has been prepared in response to Behavioral Health
More information2014 Changes in DUI Law
2014 Changes in DUI Law Mississippi Code 63-11-30: All the following changes take effect on October 1, 2014. Driving under the influence as provided by 63-11-30: (1) It is unlawful for a person to drive
More informationDUI HANDBOOK. Driving Under the Influence in Pennsylvania. The Martin Law Firm, P.C. www.jbmartinlaw.com
DUI HANDBOOK Driving Under the Influence in Pennsylvania Find us on Facebook Follow us on Twitter Connect with us on LinkedIn THE MARTIN LAW FIRM, P.C. Pennsylvania DUI Handbook Introduction Drunk driving,
More informationVirginia DUI/DWI Frequently Asked Questions
Virginia DUI/DWI Frequently Asked Questions By T. Kevin Wilson, Esq. 9300 Grant Avenue, Suite 301 Manassas, Virginia 20110 (703) 361-6100 (540) 347-4944 Fax: (703) 365-7988 Table of Contents General...3
More informationDECRIMINALIZATION OF CANNABIS. An overview of national, state and local government policy considerations
DECRIMINALIZATION OF CANNABIS An overview of national, state and local government policy considerations WHAT IS DECRIMINALIZATION? Amending existing legislation that categorizes something as a crime in
More informationDiversion Guidelines. Hennepin County Attorney s Office
Diversion Guidelines Hennepin County Attorney s Office Pretrial Diversion Programs Minnesota Statute 401.065 Minnesota Rule of Criminal Procedure 27.05 1 Minnesota Statute 401.065 Subdivision 1 Definitions
More informationHow To Defend A Drugged Up Drugged Out Dui Charge
WHAT HAPPENS AFTER YOUR DUI ARREST? Terry L. Gilbeau, Attorney-at-Law Law Offices of Terry L. Gilbeau 5701 Lonetree Boulevard, Suite 304 Rocklin, CA 95765 Telephone 916/626-5539 www.rocklinduiattorney.com
More informationPENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE
PENALTIES AND FINES FOR ALCOHOL AND DRUG RELATED DRIVING OFFENSES IN NEW YORK STATE Offense Mandatory Fine Maximum Jail Term Mandatory Action Against Your License DRIVING WHILE INTOXICATED OR WHILE ABILITY
More information22 States do not provide access to Chapter 9 Bankruptcy
22 States do not provide access to Chapter 9 Bankruptcy -Georgia explicitly denies access to municipal bankruptcy. (GA Code 36 80-5) States with No Statutes: Alaska Delaware Hawaii Indiana Kansas Maine
More informationAuto Theft & Carjacking State Statutes
Auto Theft & Carjacking State Statutes Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware 13A-8-3: Provides that the theft of a motor vehicle, regardless of its value, constitutes
More informationHOUSE BILL 1305. State of Washington 64th Legislature 2015 Regular Session
H-0.1 HOUSE BILL State of Washington th Legislature 0 Regular Session By Representatives Walkinshaw, Rodne, Jinkins, Kagi, Moscoso, Gregerson, Ormsby, and Riccelli Read first time 01/1/. Referred to Committee
More informationCarl Lobitz. San Antonio Criminal Defense Lawyer. Recent Sampling of Criminal Case Results (Latest Results Near Bottom)
Carl Lobitz San Antonio Criminal Defense Lawyer Recent Sampling of Criminal Case Results (Latest Results Near Bottom) Disclaimer: Every case is different. Your results may vary from those mentioned here.
More informationIN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT
Filed 3/1/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION EIGHT THE PEOPLE, Plaintiff and Appellant, v. B264693 (Los Angeles County Super.
More informationCITY OF SALINA MUNICIPAL COURT DIVERSION INFORMATION AND APPLICATION
CITY OF SALINA MUNICIPAL COURT DIVERSION INFORMATION AND APPLICATION A diversion is a written agreement between the City Prosecutor and the defendant. During the diversion period, the prosecutor agrees
More informationDavid Crum, Esq. Managing Partner New Mexico Legal Group, P.C.
David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense
More informationCriminal Record Clearing in a Nutshell
Criminal Record Clearing in a Nutshell March 2014 Justice Studies Department College of Applied Sciences and Arts CommUniverCity San José State University Record Clearance Project 3.12.14 Laws change.
More informationSHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency.
SHORT TITLE: Criminal procedure; creating the Oklahoma Drug Court Act; codification; emergency. STATE OF OKLAHOMA 2nd Session of the 45th Legislature (1996) SENATE BILL NO. 1153 By: Hobson AS INTRODUCED
More informationEXPUNCTIONS IN TEXAS
EXPUNCTIONS IN TEXAS Texas Young Lawyers Association Family Law Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 For additional family law resources, visit www.tyla.org.
More informationI. ELIGIBILITY FOR BOTH PRE-CHARGE AND POST-CHARGE DIVERSION: 1. Admit guilt and acknowledge responsibility for their action.
ANOKA COUNTY ADULT CRIMINAL DIVERSION PLAN Effective July 1, 1994 - Revised 8/1/02, 9/5/07, 9/11/08 (Revisions apply only to crimes occurring on or after 9/1/08). The following plan has been developed
More informationMEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report 3-13. A Fifty State Survey of Tort Reform Provisions
MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY HOUSE OF DELEGATES CL Report 3-13 INTRODUCED BY: SUBJECT: REFERRED TO: Council on Legislation A Fifty State Survey of Tort Reform Provisions Reference Committee
More information42 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 informationOLMSTED 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