A Litigation Manual for Inmates
The Columbia Human Rights Law Review has published a very informative handbook of legal rights and procedures for people in prison. It is called the Jailhouse Lawyer's Manual, and some of its chapters include:
Is Sealed or Expunged Information Ever Released to Anyone?
I am sometimes asked whether the information contained in a criminal-history record that has been sealed or expunged is ever released to anyone. An article that I wrote on my website Florida Criminal Records: Frequently Asked Questions tries to answer this question.
When is Failing to Register as a Sex Offender Not a Crime?
In the case of Carr v. United States, the U.S. Supreme Court ruled that the Sex Offender Registration and Notification Act ("SORNA") does not apply to sex offenders who traveled to another state or country before that law went into effect in 2006. An article that I posted on my website, Federal Criminal Lawyer: Frequently Asked Questions, examines the facts of the Carr case as well as the reason why the Supreme Court ruled in Mr. Carr's favor.
Marijuana Possession No Longer a Crime in California
Last week, CBS News published the following article regarding a significant change in the law pertaining to the charge of marijuana possession in California:
"California Gov. Arnold Schwarzenegger on [September 30, 2010] signed into law a bill that reduces the charge for possession of up to an ounce of marijuana from a misdemeanor to a civil infraction.
Upon signing the bill, however, Schwarzenegger took the opportunity to reiterate his opposition to Proposition 19, the measure that would legalize the growth, possession and distribution of marijuana in California.
The new law does not change the penalties for possession. Currently, carrying up to an ounce of marijuana is punishable by a fine of up to $100; no jail time or probation can be ordered. One key difference, however, is that until now a defendant has been entitled to a jury trial and a defense attorney. By downgrading possession to an infraction, that will no longer be the case.
'In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement, and the courts cannot afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket,' Schwarzenegger wrote in a signing statement.
The new rules go into effect in California January 1, 2011.
Randy Thomasson, president of saveCalifornia.com, decried the new law, the Los Angeles Times reports.
'This virtual legalization of marijuana definitely sends the wrong message to teenagers and young adults,' Thomasson said. 'It invites youth to become addicted to mind-altering pot because there's not much hassle and no public stigma and no rehab if they're caught.'
On the other side of the debate, Dale Gieringer, director of California NORML, said the measure will save the state millions.
'Gov. Schwarzenegger deserves credit for sparing the state's taxpayers the cost of prosecuting minor pot offenders,' Gieringer said in a statement. 'Californians increasingly recognize that the war on marijuana is a waste of law enforcement resources.'
State officials have determined that legalizing and regulating marijuana could generate up to $1.4 billion in tax revenues for California, a figure proponents of Prop. 19 often tout as a reason to support the measure. The impact the specific ballot measure could have on state revenues is less clear, since it would allow municipalities to enact their own regulations, but the California Legislative Analyst's Office said in an analysis it could generate 'hundreds of millions' for the state.
Schwarzenegger said in his statement, however, that Prop. 19 'is a deeply flawed measure that, if passed, will adversely impact California's businesses without bringing in the tax revenues to the state promised by its proponents.'
A poll released by the Public Policy Institute of California on Wednesday showed Californians now support Prop. 19 overall 52 percent to 41 percent."
Undoubtedly the most important thing for those caught with one ounce or less of marijuana is that they no longer have to fear going to jail or being placed on probation.
Florida Criminal Records and Background Checks
If you were to ask the Florida Department of Law Enforcement ("FDLE") to do a background check on either yourself or someone else, that department would search various state and federal databases for records of such things as arrests, warrants, and domestic violence injunctions. An article that I wrote on my website Florida Criminal Records: Frequently Asked Questions looks at what a background check consists of including a list of the databases that are routinely searched.
How to Reduce the Cost of Florida's Prison System
A recent article by Will Hanlon, a Tampa criminal attorney, discusses a change to the sentencing process in Missouri's criminal courts which could come to Florida. This change to the factors which judges could consider during sentencing is so important for Florida taxpayers that our lawmakers should examine it.
