West Palm Beach Criminal Lawyer Blog : Ronald Chapman: West Palm Beach Criminal Lawyer | Florida Criminal Attorney: DUI, Assault & Battery, Felonies | Criminal Law Firm

A pardon has been defined as “the forgiveness of crime and the penalty associated with it.”  In Florida, it is the governor who has the power to grant pardons.  Assuming you are fortunate enough to obtain a pardon, does that automatically mean that you can get your criminal record sealed or expunged?  That was the question decided by the Florida Supreme Court in the case of R.J.L. v. State of Florida.  An article that I posted on my website Florida Criminal Records:  Frequently Asked Questions discusses that case.

• Print
• Comments
• Trackbacks
• Share Link

          In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order Number 10.102-9/08 which automatically dismisses the following types of cases:

          1.  All criminal-traffic cases that have had no court activity for the past 5 years.  (Such cases include driving a motor vehicle without a valid driver's license, reckless driving [unless serious bodily injury occurred], and leaving the scene of an accident [not involving death or personal injuries]).

          2.  All violation of probation cases related to #1 that have had no court activity for the past 5 years.

          3.  All driving under the influence cases (DUI cases) that have had no court activity for the past 8 years.

          4.  Cases in which the Palm Beach County Clerk of Court receives documents proving that a defendant is dead (such as a death certificate).

          Also, as stated in a related article that I posted several days ago:

[T]his order goes on to state that if the Clerk of Court fails to dismiss one of the above-mentioned types of cases, a defendant is not entitled to have his case dismissed simply by filing a motion with the court.  In fact, if a defendant were to do so, the court could actually reactivate his case and set it for trial.

 

So what should you do if you believe that your case ought to be dismissed because it has been inactive for several years?  For one thing, do not file anything in writing with the judge or clerk.  That may well result in your case being reactivated.  Instead, contact a criminal defense lawyer for advice about how to proceed and hopefully get your case dismissed.

• Print
• Comments
• Trackbacks
• Share Link

          In 2008, the Chief Judge in Palm Beach County Florida signed Administrative Order 4.605-9/08 which automatically dismisses the following types of cases:

          1.  All nontraffic-related misdemeanor cases (for example, battery cases or trespassing cases) that have had no court activity for the past 5 years.

          2.  All violation of probation cases related to #1 that have had no court activity for the past 5 years.

          3.  All driving under the influence cases (DUI cases) that have had no court activity for the past 8 years.

          4.  Cases in which the Palm Beach County Clerk of Court receives documents proving that an accused individual is dead (for example, a death certificate).

          However, this order goes on to state that if the Clerk of Court fails to dismiss one of the above-mentioned types of cases, a defendant is not entitled to have his case dismissed simply by filing a motion with the court.  In fact, if a defendant were to do so, the court could actually reactivate his case and set it for trial.

          So what should you do if you believe that your case ought to be dismissed because it has been inactive for several years?  For one thing, do not file anything in writing with the judge or clerk.  That may well result in your case being reactivated.  Instead, contact a criminal defense lawyer for advice about how to proceed and hopefully get your case dismissed.

• Print
• Comments
• Trackbacks
• Share Link

          Federal Rule of Criminal Procedure 5 states in part that "[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, . . ., unless a statute provides otherwise."

          But what happens if the police violate this rule and the arrested person confesses to committing a crime after he is arrested but before he is taken before a judge?  An article that I posted on my Federal Criminal Lawyer website looks at the U.S. Supreme Court case of Corley v. United States which addresses this question.

• Print
• Comments
• Trackbacks
• Share Link

          The penalties are severe for drug trafficking in Florida.  For example, if a person is convicted in State Court of trafficking in 200 grams or more of cocaine but less than 400 grams, that person must be sentenced to a mandatory minimum term of imprisonment of 7 years and ordered to pay a fine of $100,000.  And if someone is convicted of trafficking in 400 grams or more of cocaine but less than 150 kilograms, that individual must be sentenced to a mandatory minimum term of imprisonment of 15 years and ordered to pay a fine of $250,000.

          One way of avoiding such mandatory penalties is through something called substantial assistance which has been defined as assistance "directed to the investigation and prosecution of criminal activities by persons other than the defendant."

          Florida statute section 893.135(4) provides that "[t]he state attorney may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of that person's accomplices, accessories, coconspirators, or principals or of any other person engaged in trafficking in controlled substances. . . .  The judge hearing the motion may reduce or suspend the sentence if the judge finds that the defendant rendered such substantial assistance."

          All is well and good if an individual provides substantial assistance and in return receives a reduction in sentence. Some people, though, are unable to provide the prosecutor with such information.  Others are simply unwilling to do so.  In either case, substantial assistance is of no help to them.

          Sometimes, however, a defendant provides a prosecutor with information about the criminal activities of others but still does not receive a sentence reduction because the prosecutor or the judge does not believe that his assistance warrants it since the information turned out to be of little value.  It is particularly frustrating when that occurs because the accused individual has, as it were, stuck his neck out by providing information about others, yet he receives nothing in return.  It is for that reason that some defendants choose not to provide substantial assistance.

• Print
• Comments
• Trackbacks
• Share Link