Texas legislature considers DWI deferred adjudication
The Texas legislature is reviewing a bill that would reinstate deferred adjudication for DWI offenders. John Patton was 22 years old and was on top of the world.
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Monthly Archives: April 2011
Texas legislature considers DWI deferred adjudication
Six Seek Three Seats on East Aurora School Board, No Incumbents Running in Holland
When voters head to the East Aurora Middle School cafeteria on May 17 to support or oppose the school budget, they will also decide on who will fill three of the seats on the seven-member School Board. While the 2009, 2008 and 2007 elections were quiet affairs, this year’s contest promises to be more boisterous, with six candidates competing for three spots. The last contested election was in …
Read more on East Aurora Advertiser
Moratorium on Flag Lots Proposed in Marilla
Citing an increase in requests, the Marilla Town Board is proposing a six-month moratorium on flag lots to review and update the current law. Supervisor George Gertz said there were only a few specific items in the law that might be changed, such as the required distance between driveways “because the current law is not clear and people are always asking questions,” and possibly reinstating a …
Read more on East Aurora Advertiser
by Jackman Chiu
Having your criminal record expunged in Florida
Criminal records are records of the crimes you have committed and the punishment given to you, which at times can hold you back from qualifying for a job or housing. They often lead to a bad reputation, which is not desired by some people, companies, land lords etc. State and national criminal history information is available to governmental agencies for licensing and employment as required under Florida law. Florida criminal history information on an individual can be accessed by general public by paying only .00. Furthermore, you can get a free copy of your criminal record by contacting the Florida Department of Law Enforcement. (FDLE)
Expunging your criminal record means that your prior conviction is set aside. If you have a conviction expunged, you are considered not to have been convicted for almost all purposes. For example, you can honestly tell potential employers that you have a clean criminal record. To state it differently, you can legally deny the existence of the arrest.
Your conviction can only be used for very limited purposes, such as increasing your sentence if you are convicted of a new offense. An expunged conviction is not supposed to appear on your rap sheet. Getting your criminal record expunged can make it much easier for you to get a job, housing, or credit. Many employers won’t hire you if you have a criminal record. A criminal record may prevent you from getting subsidized housing or public benefits. If you have a criminal record, you probably already know how much harder it makes many things in life. If you can get your record expunged, the law treats you, in most cases, as if you had never been convicted.
The FDLE (Florida Department of Law Enforcement) provides a service through which certain criminal records can be expunged (removed from their records) or sealed (placed under highly restricted access). The laws and rules which govern expunction or sealing of criminal history record(s) include: Sections s.943.0585 – s.943.059, Florida Statutes and Chapter 11C-7, Florida Administrative Code. The Florida Legislature has determined that Florida criminal history records are public unless the record is sealed or expunged. See Section 943.053(3), Florida Statutes, which provides for public access to criminal history records. The term “criminal history information” is defined, tracking the federal definition, at Section 943.045(4), Florida Statutes. A criminal history record is created when a person is arrested and fingerprinted, and includes the disposition of that arrest, whether it is a conviction, acquittal, dismissal of charges before trial, or other disposition.
A person wanting his criminal record to be expunged should first apply for certificate of eligibility. In order to obtain a Certificate of Eligibility to petition the court to seal or expunge a criminal history record, the following requirements must be met pursuant to s.943.0585(2) and s.943.059(2), Florida Statutes.
Section A of the application must be completed and signed in the presence of a notary public.
The applicant must be fingerprinted by authorized law enforcement personnel or a criminal justice agency. The fingerprint form must include the applicant’s name, race, sex, date of birth, *social security number (SOC), and signature, prior to submission to FDLE. A FDLE Fingerprint Form, FD 40-024, is supplied with the application package.
The applicant must provide a certified disposition of the case that he/she is applying to have sealed or expunged. This may be obtained from the Clerk of Court in the county in which the charge(s) were brought. For Pre-trial Intervention cases and other Diversion programs, a certified letter of completion from the State Attorney’s office may substitute for a certified disposition. Please provide a certified copy of Termination of Probation, if applicable.
A Nonrefundablemoney order or cashier’s check for .00 made payable to the FDLE must accompany the application.
If you are requesting an expunction of a criminal history record, you must have the state attorney or statewide prosecutor complete Section B of the application. If not completed, the application will be processed as a sealing of your criminal history record.
All of the items listed above are required at the time that the application is submitted. If an item is missing or the application or fingerprint form is not completed, the application will be returned unprocessed.
If your child enters a juvenile diversion program for certain nonviolent misdemeanor charges, then your child may be entitled to expunge the arrest and prosecution records under Florida law. If your child is eligible for the juvenile administrative expunction, then no downside exists to using this important protection. Florida laws for juvenile diversion expunction include:
Florida Statute Section 943.0582, F.S.; and
Chapter 11C-7.009, Florida Administrative Code.
The law requires the application to be submitted to FDLE no later than six months after completion of the diversion program. In order to obtain a juvenile diversion expunction of a criminal history record, the following documents must be provided to FDLE pursuant to s.943.0582, F.S.
Section A must be completed by the applicant and signed by the applicant or the applicant’s parent or legal guardian if the applicant is under 18 years of age at the time of signing, and the applicable signature must be notarized.
A NONREFUNDABLE money order, or Cashier’s check, in the amount of .00 made payable to the Florida Department of Law Enforcement.
The applicant must be fingerprinted by authorized personnel with a law enforcement or criminal justice agency.
by Chris Yarzab
Question by I’m gonna start another riot: What do you think Two illegal aliens charged with murder in Virginia Beach (sanctuary city)?
On Saturday night, Virginia Beach police arrested Jorge Alberto Fuertes Loredo, 31, and Isidor Loredo Amaya, 31, after Florentino Martinez-Melendez, 40, was shot to death in a trailer park. A second victim survived the shooting but remains in critical condition in a local hospital.
Apparently, the fatal shooting was the result of a heated argument.
Both Loredo and Amaya have been charged with murder and use of a firearm in the commission of a felony. Both Mexican nationals are in the country illegally, and Immigration and Customs Enforcement have placed a hold on them.
Virginia Beach Commonwealth Attorney, Harvey Bryant, said that the two illegal aliens have been living in the state for quite some time.
Bryant said: “It appears that Mr. Amaya has been in Virginia for about 10 years, spending his time between Harrisburg, Virginia and here.”
A hearing for the two is scheduled for Feb. 4, 2010.
Both shooting victims were also illegal aliens.
This case demonstrates the ongoing dangers posed by the city’s large illegal immigrant population.
In April 2007, in Virginia Beach, Va., a Mexican national named Alfredo Ramos slammed into the rear of a vehicle in which Allison Kuhnhardt and Tessa Tranchant were stopped while waiting at a traffic light. Ramos, 22 was traveling at a high rate of speed and was drunk at the time (he blew a .14 BAC). The two high school students had to be cut from their crumpled car and both later died after being taken to the hospital. Ramos suffered only a busted lip.
Though an illegal alien, Alfredo Ramos had been living in Virginia Beach for quite a while and worked at local a Mexican restaurant known as Mi Casita. Ramos had been previously convicted of three separate charges of public intoxication, identity theft, and even a DUI, but continued to live in the area. He speaks only Spanish and required an interpreter at all of his court proceedings.
The girls which Ramos killed were ages 16 and 17. Tessa Tranchant’s brother Dylan had only been home from Iraq for two weeks, when his sister was killed. Dylan was tasked with identifying his little sister’s body. The case gained national fame thanks to the reporting of Fox News’ Bill O’Reilly, who helped expose Virginia Beach as a haven for illegal aliens.
O’Reilly placed the spotlight on that city’s Mayor and Police Chief and characterized the resort town as a place where drunken Mexican invaders are allowed to roam freely.
Immediately after the case was reported on the O’Reilly Factor, Virginia Beach Police Chief Jake Jacocks went on the offensive and claimed that O’Reilly was wrong in focusing on the fact that Ramos was an illegal alien. He accused the Fox News commentator of turning the girls’ deaths into a “political issue.”
However, local ABC affiliate WVEC showed that the police chief was at least culpable in the tragedy when they reported that “Chief Jacocks says the policy of not reporting illegals until after three DUI charges was his idea. He hoped it would let illegal immigrants feel comfortable if they were involved in an accident.”
Former Mayor Obendorf told reporters: “I never want anyone to miss the fact that someone who was drunk caused the death of two innocent young women, and it had nothing to do with nationality or anyone doing anything inappropriate as far as the government is concerned.”
While the leadership of Virginia Beach has never formally declared the city to be a ‘sanctuary’ for illegal aliens, the way the leadership of Chicago or Tucson have done, it is every bit the haven to invaders that those two cities represent. Virginia Beach is dominated by hotels, restaurants, and housing developers, all of which hire tremendous numbers of illegal aliens.
Hotel owners often declare that they could simply not operate without the influx of Mexican and Central American nationals who can frequently be seen passed out drunk on the beach during the summer. The city has also seen thousands of over-priced cookie cutter homes built in the last several years, most of which have been constructed by illegal Mexican labor.
Answer by David C
I think it was one of several dozen murders in Virgina Beach. Somehow all those that get committed by citizens seem to have gone unnoticed in the report.
Add your own answer in the comments!
Public record for April 27, 2011
— JACOB S. RUFFIN, 20, of 2904 Carrousel Lane, Janesville, at 10 p.m. Sunday at Black Bridge Road and Greenwich Lane, Janesville, on charges of possession with intent to deliver marijuana, maintaining a drug-trafficking place and possession of drug paraphernalia.
Read more on The Janesville Gazette
Police Blotter: April 20, 2011
Editor’s note: The Police Blotter consists of excerpts from dispatch reports by area law enforcement agencies. These reports are public record. 8:29 a.m. — A caller from a business on the 1000 block of E. Main St. reported someone broke in through a locked sliding glass door and stole money.
Read more on The Grass Valley Union
Lawrence Taylor shows the depth of his commitment to the DUI field with continual study, painstaking attention to all aspects of DUI defense, including knowing the law, the science, and the people involved in DUI law. He also gives his advice to social drinkers on how to avoid being arrested for DUI or how to mitigate your circumstances. Don’t flunk the ‘attitude test” and what sobriety or chemical tests you should refuse and why. (www.myDUIattorney.org)
What to Expect After a DUI Arrest
To be pulled over for a DUI can be quite a frightening event. However, being aware of what to expect helps reduce the fear after the unfortunate circumstance of a public arrest. What’s going to come to pass right after your DUI?
To start with, there is the arrest. Virtually all the authorities would need is ‘probable cause’ that an individual may be driving intoxicated. Subsequently, a motorist can be kept in jail overnight and would need to cover bail before being let go. The court will settle on just how much bail should be, based upon many things: if it is his or her first criminal offense, the person’s conduct since the arrest, and the chances of their compliance in regards to the imminent court dates. Bail is simply insurance the DUI offender will show up at court, given that the bail money is going to be returned to them, without court charges, at the finish of the court process.
If a driver is held, he has to be arraigned inside of two to three days. If the offender isn’t held in custody, then the arraignment may be taking place later. The arraignment is where a judge explains the pending criminal charges against the individual. They are granted the legal right to a lawyer, the right of trial by jury, along with the right to be aware of any evidence employed in the process. At that point, the driver can submit a plea of guilty or not guilty.
Next are pre-trial motions. These are typically requested during the arraignment. Popular ones could be to suppress evidence, exchange of information, and motions to dismiss. Not actually a step, but most certainly a possibility, could be the plea bargain. This is where the driver has an alternative to admit guilt on a less significant charge. The final phase of a DUI court process is a trial.
When the trial begins, both the prosecutor and driver’s attorney present their opening arguments. They question those who witnessed the incident, and, finally, the judge advises the jury concerning how to view the legal guidelines in terms of the scenario. It is followed through jury deliberation. This is when the jury can determine the outcome of this case, yet it’s the judge who orders the penalties in accordance with the consensus.
For assistance with your DUI, talk to an experienced San Jose criminal lawyer. A California DUI attorney can fight for your rights, and work to ensure that one mistake doesn’t lead to a life-long criminal record.
Article from articlesbase.com
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Fort Lauderdale Criminal Defense Attorney Available 24/7
Fort Lauderdale, FL (PRWEB) September 30, 2006
Roger P. Foley, an experienced criminal defense attorney based in Fort Lauderdale, is pleased to announce the launch of his firm’s new website.
Roger P. Foley is an experienced criminal defense attorney (http://www.rpfoley.com) representing clients charged in state and federal courts throughout Florida.
His firm is pleased to announce the launch of it’s new website (http://www.rpfoley.com). The website provides information for prospective clients who are facing criminal charges. As a criminal defense attorney, Mr. Foley’s philosophy is that every case can be won. To win a case it is essential that the client understands what is happening in his/her case and that is only achieved through communication with their attorney. That is why Mr. Foley is available to his clients 24 hours a day. Mr. Foley hopes that the new website will assist him in establishing this initial communication with clients. The site includes contact information,explanations of basic principals relating to criminal law, and relative statutes.
The hiring of a criminal defense attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.This web site (http://www.rpfoley.com) is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a criminal defense attorney / client relationship.
Law Offices of Roger P. Foley, P.A.
524 South Andrews Ave., Suite 200-North
Fort Lauderdale, Florida 33301
Fax: (954) 764-5330
# # #
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Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC.
A man pulled over on I-10 in Madison County Florida is arrested for an outstanding warrant in another county.
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