Category Archives: felony

How To Protect Your Rights On Facebook

Constitutional Rights, Due Process, felony, law enforcement, misdemeanor, police, Pretrial Investigations, Privacy, Probable Cause, Search and Seizure, Search Warrant, Social Media, , ,

How to protect your privacy from Facebook | ZDNet

Think twice before posting those party pictures on Facebook.

The LaCrosse Tribune wrote an article on a University of Wisconsin-La Crosse student named Mr.  Bauer. He was popular with nearly 400 friends on Facebook. He got an offer for a new one about a month ago. “She was a good-looking girl. I usually don’t accept friends I don’t know, but I randomly accepted this one for some reason,” the 19-year-old said.

He thinks that led to his invitation to come down to the La Crosse police station, where an officer laid out photos from Facebook of Bauer holding a beer — and then ticketed him for underage drinking.

He was among at least eight people who said Wednesday they had been cited for underage drinking based on photos on social networking sites.

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My opinion?  First things first, there’s certainly nothing good to be said about these sorts of law-enforcement tactics. Police always have better things to do than roam the Internet looking for pictures of naughty college kids and there’s no excuse for invading people’s privacy to make a couple petty arrests. The very notion of officers assuming fake identities on Facebook is just inherently repugnant and serves only to destroy their relationship with the very people they’re supposed to be protecting.

That said, it’s also worth keeping in mind that you have a 5th Amendment right not to post incriminating pictures of yourself on Facebook. It’s just an unfortunate reality that police do creep around on the web an awful lot for no particularly good reason and you never know where their prying eyes might land. This means you should think about what you’re posting, and keep an eye out for other people incriminating you as well. Simply un-tagging yourself from a couple questionable photos could be all it takes to save you a huge hassle down the road.

In my experience, this issue goes beyond what may or may not have taken place in one photo on one particular night. Seriously, I’ve known – and heard of – people who got passed over for a job because their prospective employer found unflattering photos online. Worse, I know of instances in which online photos were used to attack someone’s character in an otherwise unrelated criminal case. The bottom line is that posting pictures online has much broader implications than simply showing your friends what a kick-ass weekend you had.

Finally, remember that if you’re ever confronted with a photo that shows you in a compromising situation, you don’t have to incriminate yourself. Rarely will the photo itself be sufficient evidence to convict you of anything. What they’re really looking for is the confession that they hope will come spilling out of your mouth after they show you what they’ve got. If you keep your mouth shut and ask for a lawyer, chances are they’ve got nothing.

BTW, I’m not offering legal advice by posting this subject matter.  It’s offered for educational purposes only.   😉

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Berghuis v. Smith: Defining the Hardship of Obtaining an Impartial “Cross Section” of the Jury Community

Constitutional Rights, Due Process, felony, Firearm, Homicide & Manslaughter, Jury Trial, Race & Law, United States Supreme Court, , ,

Jury Selection: How Social Media is Changing the Game | Richmond Journal of Law and Technology

In Berghuis v. Smith, the U.S. Supreme Court held that a Michigan state court did not create an unfair bias in jury selection for a murder trial. case.

The defendant was an African-American man charged with Second Degree Murder and Felony Firearm Possession.  He goes to trial.  At voir dire, the jury panel was composed of 60 and 100 individuals, only 3 of whom, at most, were African American.  At that time, African-Americans constituted 7.28% of the County’s jury-eligible population, and 6% of the pool from which potential jurors were drawn.  An all-white jury was selected.  The trial court rejected Smith’s objection to the panel’s racial composition.  The all-white jury convicted Smith of the crimes.  He was sentenced to life in prison.

For those who don’t know, the 6th Amendment gives criminal defendants the right to be tried by an impartial jury drawn from sources reflecting a fair cross section of the community.  The issue was whether, under the circumstances, the defendant’s right was violated by the all-white jury’s conviction.

The Court reasoned that a defendant raising a violation of the “fair-cross-section” requirement of the Sixth Amendment must establish that any existing underrepresentation was due to “systematic exclusion” of the group in the jury-selection process. Practices, such as excusing people who merely alleged hardship or simply failed to show up for jury service, reliance on mail notices, a failure to follow up on nonresponses, the use of old addresses, and the refusal of police to enforce court orders for the appearance of prospective jurors, are insufficient to establish “systematic exclusion.”  Consequently, the U.S. Supremes upheld Smith’s conviction.

My opinion?  Pollyannaish as it sounds, this opinion shows why it’s SO IMPORTANT for citizens to show up for jury duty.  Juries are the last bastion of objective, impartial justice.  We all experience moments when we are wrongfully accused; not because we intentionally did something wrong, but merely because we look/think/act outside the norms of the majority.

That’s exactly why juries MUST reflect a fair cross section of the community.  That “cross section,’ however, can only happen if YOU – the citizen – do your part and answer the call to serve on a jury.  Your lone perspective adds depth.  Your life experience – which, amazingly, might be similar to the defendant’s/petitioner’s/plaintiff’s – adds insight to their arguments.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

State v. Eaton: A Defendant’s Sentence Cannot Be Enhanced For Involunatry Acts

Constitutional Rights, Drug Offenses, Due Process, DUI, felony, Jail, law enforcement, Methamphetamine, police, Search and Seizure, Sentencing, Washington Supreme Court, , ,

sentence enhancements Archives - Oklahoma Justice Reform

In State v. Eaton, the WA Supreme Court decided a defendant must act volitionally – with intent – to put himself within a zone that requires an upward sentencing enhancement.  An enhancement should not apply for drugs the defendant possessed when arrested and brought to jail.

Mr. Eaton was arrested for DUI and taken by police to the Clark County Jail.  At the jail, Eaton was searched by staff who discovered a small bag of methamphetamine taped to his sock.  The State charged Eaton with DUI and Possession of Methamphetamine and sought a sentencing enhancement for possessing a controlled substance in a jail or prison.  A jury convicted Eaton on both charges and found by special verdict that Eaton possessed methamphetamine while in a jail.  The trial court imposed an enhanced sentence.

The WA Supremes overturned the sentencing enhancement.  They reasoned that once Eaton was arrested, he no longer had control over his location.  From the time of arrest, his movement from street to jail became involuntary: involuntary not because he did not wish to enter the jail, but because he was forcibly taken there by State authority. He no longer had the ability to choose his own course of action.  Nor did he have the ability through some other course of action to avoid entering the area that would increase the penalty for the underlying crime.

My opinion?  Again, excellent decision.  It’d be different if Eaton knew he was going to jail and tried sneaking meth within the facility. However, those circumstances did not exist.  He was arrested for DUI  – a different matter altogether – and immediately booked into jail.  He never voluntarily brought the drugs into the jail itself.  He merely happened to possess them when arrested for DUI.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Dow: Corpus Delicti vs. RCW 10.58.03

Constitutional Rights, Corpus Delicti, felony, Jury Trial, Rape, Sex Crimes, Uncategorized, Washington Supreme Court, , ,

Important Facts about Corpus Delicti

In State v. Dow, the WA Supreme Court held that RCW 10.58.035 does NOT change the corpus delicti rule that the State must prove every element of an alleged crime by evidence independent of the defendant’s statement.

 Defendant Mr. Dow was charged with with first degree child molestation.  The victim was a three year old female, and too young to testify.  Consequently, her statements to others about the alleged offense were inadmissible.  No persons other than Dow and the child were present at the time of the alleged offense.  During a recorded police interview, Dow made statements regarding the events surrounding the alleged molestation.

The trial court found these statements to be exculpatory and not an admission.  The State sought to introduce Dow’s statements as substantive evidence that he committed the crime charged.  Dow moved to exclude these statements, arguing they were inadmissible for lack of  corpus delicti.  The trial court agreed.  Dow’s case was dismissed.  The State appealed.  The case found its way to the Supreme Court.

Some background is necessary: the corpus delicti doctrine generally is a principle that tests the sufficiency or adequacy of evidence, other than a defendant’s confession, to corroborate the confession.  The purpose of the rule is to ensure that other evidence supports the defendant’s statement and satisfies the elements of the crime.  Where no other evidence exists to support the confession, a conviction cannot be supported solely by a confession.  The purpose of the corpus delicti rule is to prevent defendants from being unjustly convicted based on confessions alone.  Historically, courts have grounded the rule in judicial mistrust of confessions.

Along comes RCW 10.58.035. It allows a statement to be admitted into evidence if there is substantial independent evidence establishing the trustworthiness of the statement.   The following factors determine whether the statement is trustworthy:

(a)  Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;

(b)  The character of the witness reporting the statement and the number of witnesses to the statement;

(c)  Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or

(d)  The relationship between the witness and the defendant.

Here, the WA Supremes reasoned that even if the statements are admissible, no other evidence exists to establish the corpus delicti independent of Dow’s statement. Further, corpus delicti cases have always required sufficient evidence independent of a defendant’s confession to support a conviction.  RCW 10.58.035 does nothing to change this requirement. The State concedes it lacked evidence.  Indeed, the only evidence the State purported to have is Dow’s statement, which is insufficient under any standard.

Consequently, the WA Supremes upheld Dow’s dismissal.

My opinion?  I like the decision.  The WA Supremes dutifully followed corpus delicti and held people shouldn’t be charged with crimes unless evidence exists.  I fear, however, that even though the Court did not allow RCW 10.58.035 to swallow the corpus delicti rule, such decisions may come few and farther in between.  The statute was MADE to chip away at corpus delicti.  Period.  Perhaps it didn’t apply to Dow’s case because his statement was the ONLY evidence the State had.  Future defendants in future cases, however, might not be so lucky.

My prediction?  Future courts may find that if a scintilla of evidence beyond the defendant’s statement exists, then the statute kicks into effect and does away with corpus delicti.  Keep your eyes peeled . . .

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Whatcom County Jail Gets Record Number of Inmates

Animal Abuse, Assault, Bellingham, Bellingham Defense Attorney, Constitutional Rights, Cruel & Unusual Punishment, Domestic Violence, Drug Offenses, Due Process, DUI, felony, Firearm, Homicide & Manslaughter, Jail, law enforcement, marijuana, misdemeanor, police, Pretrial Investigations, Probable Cause, Property Crimes, Retail Theft, Search and Seizure, Search Warrant, Sentencing, Sex Crimes, Speedy Trial & Continuances, Terry Stop, Theft, Washington State Patrol, Whatcom County Criminal Defense, , ,

COVID-19 infections hit record high in California prisons | CalMatters

Whatcom County Jail’s population hit a record high over Presidents Day weekend and since then, law enforcement agencies have been booking fewer people, to ease the crowding.
The jail’s population reached 323 inmates – its operational capacity should be 212 inmates -the weekend of Feb. 13-15, causing the jail to run out of temporary beds and come close to running out of clothes, sheets and other resources. From Feb. 1 to Feb. 16, an average of 26 people were booked into the jail each day.

Bellingham police have been citing and releasing some people arrested on misdemeanor, and booking and then immediately releasing others.  An officer might take some people to jail to have their photos and fingerprints taken, then have the jail release them.

My opinion?  I’ll state the obvious: the criminal justice system in Whatcom County has reached peaked capacity.  Jails are overcrowded.  Trial calendars are filled.   Trust me, I know.

The easy solution?  Hire an additional judge, build additional courts, and build another jail.  Unfortunately, that’s not going to happen any time soon.   Put simply, The County lacks resources to build jails and/or hire more court staff.  This is not due to sloppy spending on the part of the County.  The Whatcom Superior Court has already eliminated numerous services due to the decrease in revenues.  That said, the likelihood of obtaining more revenue to hire another judge and/or construct another jail is slim to none.

The harder solution – and probably the more criticized; yet WORKABLE solution – is for the Prosecutor’s Office to negotiate more cases to a favorable resolution.  They’re a trial-happy bunch, and unnecessarily so.  Not every case must be brought to trial.  Justice happens when all parties leave the courtroom satisfied with the result.

At any rate, overcrowded jails are symptomatic of larger problems.  The County judiciary is burning the candlestick at both ends.  We’re seeing a decrease in judicial revenues and an increase in inmates.  The state of affairs certainly is alarming.  Why now, and why all of the sudden?

A tough nut to crack.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Harris: A Defendant May Argue Gant On Appeal Even Though It Was Not Argued At Trial.

Constitutional Rights, felony, Firearm, Jury Trial, law enforcement, marijuana, misdemeanor, police, Privacy, Search and Seizure, Search Warrant, Terry Stop, United States Supreme Court, Washington Court of Appeals, , ,

The Courts and the Constitution Arizona v Gant

In State v. Harris, the  WA Court of Appeals held that a defendant who did not bring a suppression motion prior to trial, may assert a claim under Arizona v. Gant  for the first time on appeal.

Defendant Stuart J. Harris, Jr. appealed his conviction for First Degree Unlawful Possession of a Firearm.  He argued  sufficiency of the evidence,  additional evidentiary error, and prosecutorial misconduct.   While this appeal was pending, the United States Supreme Court decided Arizona v. Gant, which deals with the scope of a car search pursuant to the arrest of its driver.  The Court of Appeals Division II allowed the parties to provide supplemental briefs on the Gant issue.

For those who don’t know, Gant rejected the reading of New York v. Belton, 453 U.S. 454, 101 S. Ct. 2860, 69 L. Ed. 2d (1981), that predominated in the lower courts, namely, that the Fourth Amendment allows a vehicle search incident to the arrest of a recent occupant even if there is no possibility the arrestee could gain access to the vehicle at the time of the search.

In departing from Belton, the Gant Court held instead that police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.  Gant, 129 S. Ct. at 1723.3

Here, the Court of Appeals reasoned the facts in Gant were similar to those here.  Harris was not within reaching distance of the passenger compartment of the car at the time of its search, and there was no reason to believe that the car contained evidence related to the offense for which he was arrested (driving with a suspended license). Therefore, absent other legal support for the search, the officer’s search of  the car was unlawful.

Furthermore, Gant applies retroactively because “A party should be allowed to take advantage of a decision rendered during the pendency of his case, even if he had not reserved the point decided, if the decision could not have reasonably been anticipated.”  State v. Harris at 6-7, quoting Judge Posner of the Seventh Circuit.

My opinion?  I’m a HUGE fan of the Arizona v. Gant opinion (please see my Dec. 24, 2009 blog), and by extension, I’m a HUGE fan of this opinion. Generally, United States Supreme Court decisions that announce new constitutional rules governing criminal prosecutions apply retroactively to all criminal cases not yet final on appeal.  I’m happy the Court of Appeals stuck to the law; and supported Gant, to boot.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Drum: Good Decision Regarding Stipulated Evidence At Drug Court Trials

Burglary, Drug Court, Evidence, felony, Washington Supreme Court, , ,

What's good 'evidence-based' practice for classrooms? We asked the teachers, here's what they said | EduResearch Matters

In State v. Drum, the WA Supreme Court held a trial court may find a defendant NOT GUILTY if it determines that the stipulated evidence does not establish all of the elements of a crime beyond all reasonable doubt.

Patrick Drum entered into a contract to participate in drug court, which provided for the eventual dismissal of a Residential Burglary charge if  Drum  successfully completed a substance abuse treatment program.  The contract required Drum to stipulate that the facts set forth in the investigation reports, witness statements, and laboratory tests were true and sufficient to support a finding of guilt.

After waiting in custody for 42 days for a bed to open up at a treatment facility, Drum requested to leave the drug court program.  He had a bench trial.  The judge found him guilty based on the evidence that was stipulated when Mr. Drum entered the contract.

Here, the WA Supremes reasoned that by entering a drug court contract, a defendant is NOT giving up his right to an independent finding of guilt beyond a reasonable doubt.  A trial court still has the authority to find the defendant not guilty if it determines that the stipulated evidence does not establish all elements of the crime beyond a reasonable doubt.  Finally, if a trial court independently reviews the evidence and makes findings, a stipulated drug court agreement is NOT the equivalent of a guilty plea.

My opinion?  EXCELLENT DECISION.

For those who don’t know, Drug Courts are programs that divert nonviolent, drug-related offenders into intensive treatment programs with the  goal of encouraging offenders  into a productive, drug-free lifestyle.  In general, offenders participate in required drug treatment and counseling, find work, meet with corrections officers, attend regular visits with a judge, and meet any other conditions set by the court.  Personal involvement by the drug court judge, prosecutor, defense attorney, and treatment providers is cited as the key to the success of drug courts.

Drug Court is a privilege.  It’s difficult to get into.  A defendant must be evaluated and found a good candidate by the evaluator, prosecutor and judge.  To gain entry, defendant must also stipulate – essentially, agree – to the truth of the evidence alleged against them in the police reports.  Worst-case scenario; if defendants either quit or are kicked out of Drug Court, then they have already waived their right to a jury trial, waived their right to challenge the evidence through direct/cross examination of witnesses, and essentially waived their presumption of innocence.  Ouch.

State v. Drum gives judges broad discretion to review the truth and veracity of the “stipulated evidence.”  In other words, judges may consider whether the State can prove their case beyond a reasonable doubt.  Best-case scenario for a defendant, it appears they have a chance to get a case acquitted by a judge upon leaving Drug Court.

Practically speaking, the likelihood of an acquittal is slim.  Drug Courts are highly political venues.   Indeed, look at how the WA Supreme Justices voted, it was a SLIM 5-4 majority.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington State Felons Should Have Voting Rights, Federal Court Rules

Constitutional Rights, felony, Race & Law, Theft, , ,

Opinion | Restoring Voting Rights for Felons - The New York Times

Here’s some good news.  On Martin Luther King Jr. day, no less.

A federal appeals court tossed out Washington’s law banning incarcerated felons from voting, finding the state’s criminal-justice system is “infected” with racial discrimination.

Muhammad Shabazz Farrakhan was serving a three-year sentence at the Washington State Penitentiary in Walla Walla for a series of felony-theft convictions. Ultimately, five other inmates, all members of racial minority groups, joined as plaintiffs.

The plaintiffs’ brought studies and social-science data which showed that minorities in Washington are stopped, arrested and convicted in such disproportionate rates that the ban on voting by incarcerated felons is inherently discriminatory.

The federal court agreed.  The decision, written by Judge A. Wallace Tashima, said the studies “speak to a durable, sustained indifference in treatment faced by minorities in Washington’s criminal justice system — systemic disparities which cannot be explained by ‘factors independent of race.’ ”

Blacks are 70 percent more likely — and Latinos and Native Americans 50 percent more likely — than whites to be searched in traffic stops.  The research also showed that blacks are nine times more likely to be incarcerated than whites, despite the fact that the ratio of arrests for violent crime among blacks and whites is less than four-to-one. One result of that: 25 percent of black men in Washington are disenfranchised from voting.

My opinion?  I’m overjoyed with the decision.  Granted, convicted felons should face appropriate consequences if found guilty of committing crimes.  However, the Washington law stripping them of voting rights was simply Draconian.

Eventually, the convicts will serve their sentence and return to society.  Studies show that voting by incarcerated felons is the best tool to re-integrate them into society.  Why deny them the right to vote?  What good does that do?

The decision is a step in the right direction.  Let them vote.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

State v. Pugh: WA Supremes Admit “Excited Utterance” Hearsay Evidence of 911 Call; Disregard State v. Crawford

911 Call, Assault, Constitutional Rights, Domestic Violence, Evidence, felony, Jury Trial, Washington Supreme Court, , ,

What is EXCITED UTTERANCE? What does EXCITED UTTERANCE mean? EXCITED UTTERANCE meaning & explanation - YouTube

In State v. Pugh, the WA Supreme Court admitted “Excited Utterance” hearsay evidence of a 911 call, thus disregarding State v. Crawford.

Defendant Timothy Pugh and his wife Bridgette are married.  They had problems.  In November 2004, she obtains a no-contact order (NCO) against him.  On March 21, 2005, and in violation of the NCO, the Pughs were together at a friend’s apartment.  At 3:13 a.m., she calls 911 and states, “My husband was beating me up really bad.”

She provided his description.  When the operator asked her whether he was still there, Mrs. Pugh said, “He’s just outside.” She again reported being beaten, but this time stated it in the present sense.  She also said she needed an ambulance.  The call terminated when police officers arrived.  Mrs. Pugh had a bruised face and a chipped tooth.  The officers soon arrested Mr. Pugh in the parking lot outside the apartment where Bridgette was.

Before trial, the State delivered a subpoena to Mrs. Pugh.  However she refused to arrive and/or testify at trial.  Despite her decision, and in clear violation of State v. Crawford (2004 case where WA Supremes upheld the Confrontation Clause and dismissed a case where the State’s victim/witness refused to testify) , the trial court admitted her 911 call as evidence.  Pugh was convicted of felony violation of the court order, domestic violence.

 The WA Supremes held Mrs. Pugh’s statements to the 911 operator were nontestimonial, and therefore admission of a recording of the 911 call at Mr. Pugh’s trial did not violate his right to confrontation under the Sixth Amendment.  They reasoned that her statements qualify as res gestae under the res gestae doctrine as it applied at the time the state constitution was adopted.

They further argued that statements of this type do not implicate the state confrontation clause.  Because the statements are nontestimonial and do not implicate article I, section 22, admission of the 911 recording violated neither the federal nor the state confrontation clause.

My opinion?  I hold the same disdain as Justice Sanders’ dissenting opinion.  Article I, Section 22 of the WA Constitution states, “In criminal prosecutions the accused shall have the right . . . to meet the witnesses against him face to face . . .”  This is the essence of the Confrontation Clause.

And, to quote Justice Sanders, “What is there about face to face that the majority opinion does not understand?”  Crawford applies – and cases get dismissed – if a victim refuses to testify.  Period.  Here, the victim refused to testify.  Nevertheless, and in total violation of Crawford, the majority pulls out some archaic res gestae analysis, breathes life into it, and totally stomps the heck out of Crawford.

 Unbelievable.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Proposed Law Changes To Prevent Future Police Murders

Accomplice, Constitutional Rights, felony, Firearm, Homicide & Manslaughter, law enforcement, Legislation, police, Violent Crime, Washington State Patrol, , ,

2009 Lakewood shooting - Wikipedia

In the wake of the Lakewood police officer shooting tragedy, Representative Mike Hope (R-Lake Stevens) is drafting legislation to prevent serial offenders like Maurice Clemmons from having an opportunity to harm others. Hope, a Seattle police officer who works patrol when not in session, said this was at the top of his legislative agenda.

The three-part legislation will include two proposed changes to the Washington State Constitution and a sentencing enhancement, proposals he says would have prevented the murders of four Lakewood police officers Nov. 29.

The first bill would remove bail opportunities for dangerous individuals who have committed two felonies and are charged with a possible “third strike” felony offense.   The second bill would prevent defendants from receiving bail if they commit another violent crime in Washington and are proven dangerous to the public.  The third bill would require a sentencing enhancement against those who aid and abet criminals who are not bailable.

A change to the state constitution requires a two-thirds approval in both the House and the Senate and simple majority approval from voters.

My opinion?  Like everyone, I’m deeply saddened with the deaths of the four Lakewood Officers.  Their murders were completely meaningless and senseless.  I’m also disturbed the defendant’s friends/relatives assisted him.

That said, I question whether altering the WA Constitution and chipping away at a defendant’s rights is the answer to preventing similar murders from happening in the future.  I’m a staunch defender of constitutional rights.  Indeed, if I were to wrap an American flag around myself and proclaim my patriotism out loud, then THAT is the platform I stand upon: vigilant, aggressive protection of individual rights against a tyrannical government.

The proposed legislation is strong medicine.  Too strong.  At worst, defendants can be held without bail.  This is disturbing.  Under court rules, judges may hold defendants without bail only if the charge they face is a capital charge; like murder.  Additionally, judges must impose the least restrictive release alternatives to defendants.

Disallowing bail and indefinitely holding defendants in jail laughs in the face of “least restrictive alternative.” Finally, holding defendants without bail leads to “plea tenderization” by cutting defendants off from work and family.  As a result, defendants may plead guilty not because they committed a crime; but simply to get out of jail and move on with their lives.  That’s an utterly inhumane result if the defendant is innocent of the charges.

We’ll see what happens.  The bill needs extremely strong support.

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.