Still Getting Paid Even if Fired and Behind Bars

Friday, June 5th, 2009

Charlene Schmitz is already behind bars in a Tallahassee, Florida detention center. She’s serving 10 years for sending instant messages and texts to seduce a student (14 years old).

Although she has recently been fired as a reading high school teacher in Leroy, Alabama, she’s still collecting a paycheck. Schmitz is also appealing her firing and federal conviction. Moreover, pending state charges are filed in connection with her case. And under Alabama law, she’s entitled to her usual $51,000 a year salary while in the process of appeal.

School officials are unhappy because they have to pay not only Schmitz, but her replacement as well. The school has no choice but to obey Alabama Teacher Tenure Law – this protects tenured teachers from sudden and unfair firings. In 2004, a law change requires the school board to continue paying fired teachers until their employment appeals are decided by arbitrators.

Schmitz was found guilty by a jury on Valentine’s Day of 2008. She received two federal charges due to child enticement using electronic means and a 10-year sentence. Then in late March, the school board officially terminated her.

Henry Caddell, Schmitz’s criminal attorney, filed an appeal and said “Ms. Schmitz is still entitled to receive her pay until all of this is determined.” On the other hand, all the school board wants now is for an arbitrator to hear Schmitz case so that it can move on.

Tags: Alabama, Alabama Teacher Tenure Law, attorney, Charlene Schmitz, Criminal, criminal attorney, Florida, Henry Caddell, law, Leroy, Tallahassee
Posted in Criminal, Criminal News, Defense lawyer | No Comments »

Tracking Microchips for Criminals

Tuesday, May 26th, 2009

Criminal attorneys and human rights advocates are caught up in a debate on how to administer justice to criminals without violating their human rights. They’re all aware of the Bill of Rights (Sixth Amendment) that states: “all those accused in criminal prosecutions shall enjoy the right to a public trial…..and have counsel assistance for his defense.”

However, the justice system is still grappling on what to do with repeat and violent offenders. This led to the suggestion of implanting microchips or radio frequency identification (RFID) tags in convicted criminals. This is in addition to using global positioning system (GPS) tracking devices.

GPS works together with aerial satellites, which are equipped with a receiver and transmitter. During the Cold War, it was invented by U.S. military to mobilize missiles and troops. When it was applied in law enforcement, officers were able to monitor a person’s movement 24 by 7. The subjects wear a removable PTU (personal tracking unit) and a non-removable ankle cuff (wireless) around the size of a huge wristwatch.

So instead of spending time in jail, the criminal attorney may accept a house arrest sentence with a GPS monitoring device. However, this would be an invasion of “the right to privacy and bodily integrity” as stated by the U.S. Supreme Court.

Tags: Bill of Rights, Cold War, criminal attorney, criminal attorneys, GPS, human rights advocates, PTU, RFID, Sixth Amendment
Posted in Criminal, Defense lawyer | No Comments »

Arrest: Beginning of the Criminal Justice Process

Tuesday, May 12th, 2009

An arrest occurs when someone is taken into custody and that person is prohibited to move about of leave. Sometimes the use of handcuffs or physical restraint is not necessary. An arrest is already complete when the police officer tells the suspects that they’re “under arrest.” So generally, an arrest can be described as a person’s involuntary or voluntary submission to a police officer’s exercise of authority over him or her.

A police officer can only arrest a person under the following circumstances:

• *The officer personally observed a crime – for example, the officer sees an actual purse snatching,   then he or she may arrest the purse-snatcher.
• *The officer has “probable cause” – when the officer has reasonable circumstances, facts, or belief that a particular person is about to commit or committed a crime, then that person may be arrested. For example, the officer received a call reporting armed robbery in a liquor store and then he sees the suspect with a gun and cash running down the street, then that man may be arrested.
• *The officer obtained a warrant to arrest – this is a legal document issued by any magistrate or judge to allow any officer to arrest the suspect.

If this happens to you, you can question the lawfulness of your arrest including the actions of the officer. However, this battle should be fought in court together with a criminal attorney rather than fight it on the street.

Tags: arrest, criminal attorney, criminla, custody, police officer, suspect
Posted in Criminal, Defense lawyer | No Comments »

Plea Bargain Possible for Serious Theft Offense

Friday, May 8th, 2009

A mother’s plea: Her son was arrested due to unlawful computer use, fraud, theft, and forgery. The charge costs about $100,000 (total of 11 counts) that he allegedly stole from the employers. He is really a good kid from a good family. However, he just made some poor choices. So what would be the chances that he’ll serve time if convicted? And most likely, will the DA accept a plea bargain?

If you ask an attorney about this, he or she would most likely say that merchandise theft worth $100,000 is a very serious crime. If you come from Nevada, theft offenses for more than $2,500 will have a penalty of 1-10 years in prison. In addition, the defendant needs to pay restitution.

The district attorney may offer a plea bargain (although it’s not his or her obligation) to a lesser crime carrying a mandatory prison term. It will surely help if the defendant has no prior arrests yet.

Only criminal attorneys in your jurisdiction could give you a realistic evaluation of the penalties that will be charged. The attorney needs to be familiar with the policies to make a favorable plea bargain. If successful, the defendant could get the lowest sentence possible.

Tags: attorney, Criminal, criminal attorney, defendant, district attorney, Nevada, plea, plea bargain
Posted in Criminal, Theft | No Comments »

Get your Defense for Murder

Thursday, May 7th, 2009

It’s against the law to kill another human being. This is called murder and if you are charged with this crime, the consequences are severe. While its exact definition varies depending on jurisdiction, many courts distinguish between a premeditated crime such as murder, to manslaughter, which is a less serious offense.

Those accused of murder may face severe punishments such as:

• -Fines and penalties
• -Life imprisonment either with/without parole
• -Death penalty

Punishment severity is also based on many factors including:

• -Status of probation/parole
• -Prior criminal convictions
• -Aggravating/mitigating circumstances
• -General community attitude towards the questioned crime

An aggressive and experienced criminal law attorney has a lot of defenses under his or her belt. As a result, the outcome of your murder case will improve. Some defenses that can be used in trial for a murder include: insanity, factual innocence, insufficient proof or evidence, or self-defense.

So if you or your loved one is charged with murder, it’s best to hire a criminal attorney who’ll aggressively defend your legal rights. If your attorney is good, he or she can devise many strategies to improve the case outcome like gather good evidence in your favor, negotiate alternative punishments, reduce your penalties, or even get your case dismissed.

Tags: attorney, crime, criminal attorney, criminal law attorney, defenses, murder
Posted in Criminal, Defense lawyer | No Comments »