Stallworth gets 30 Days Jail Time

Tuesday, June 16th, 2009

Prosecutors announced that Donte Stallworth, wide receiver of Cleveland Browns, will spend jail time of 30 days for DUI manslaughter under plea agreement terms. In March, he accidentally killed a construction worker, Mario Reyes, because he was driving under influence of alcohol.

Stallworth pleaded guilty and began serving his sentence right away. He also offered deep condolences to the family of the victim. “Though I can’t bring back Mr. Reyes, I will honor his memory through my commitment of time, resources, and voice in educating the whole community regarding the dangers of DUI,” he said in court.

Katherine Fernandez Rundle, state attorney, called it a “just” judgment and mentioned that the Reyes family has fully supported the plea agreement. They noted that Stallworth cooperated well with the police and also didn’t have any criminal convictions or even traffic violation records.

Stallworth’s defense lawyer, Chris Lyons, told the press that his client reached a financial settlement amicable to the Reyes family. He doesn’t want to disclose the amount but said that Stallworth has accepted responsibility with what he has done and has also shown genuine remorse. After his release, the athlete will still face house arrest of two years. He can still continue to play professional football but his license was already revoked for life.

Tags: attorney, Chris Lyons, Cleveland Browns, Defense lawyer, Donte Stallworth, dui, Katherine Fernandez Rundle, lawyer, Mario Reyes, prosecutors
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Privacy and Rights after a Criminal Conviction

Sunday, June 7th, 2009

Whether you have a prison sentence or just a payment of fine on your record, these are still histories of conviction. But even if you have been a convicted criminal, you still have privacy and rights under Human Rights act. In other words, others should respect your right to have a private family life.

First of all, you need to know that you’re obliged to declare your conviction record when you’re applying for a credit card, insurance, new home, or even a job. But after some time, you’re no longer required to do so (called the rehabilitation period). This period would depend on the sentence that you served.

Another thing is that you no longer have the right to request the destruction of data found during an investigation involving you – these are your DNA samples, photographs, or fingerprints. The police are entitled to retain samples and prints on these records since the 2001 terrorist attack.

Here are other rights after a criminal conviction:

· Rights to Privacy – the media must respect your private life because your name and details should be protected by Data Protection Act. You are entitled to contact a defense lawyer and sue if there’s any breach unless organizations or employers require these details when you’re applying for a loan or they’re hiring you for a “position of trust.”

· Rights to View your Prison Records – the prison office should provide you a copy of your records when you request it. You also have the right to correct any of the errors in it.

Tags: conviction, Criminal, Defense lawyer, Human Rights act, privacy, rehabilitation period, rights
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Police Officer Charged of Criminal Harassment

Thursday, May 14th, 2009

On July 17, a judge will sentence a regional police officer who is accused of harassing and stalking a woman and a 16-year-old girl. Jayson Doyle, a police force veteran for eight years, is charged with criminal harassment (two counts). The alleged crimes happened in between April 2006 to April 2008.

Prosecutor Alonzo Wright said that Doyle’s actions were reckless, “in fact, it made the two accusers very fearful.” On the other hand, defense lawyer David Bright defended his client by saying that prosecution was “taking a moral wrong and making it criminally wrong.” He said further that “My client is a married man and according to many people, what he did was morally wrong, but will it be legally wrong?”

In four days, Judge Robert Stroud heard 20 people’s testimony, including Doyle and the two accusers. The court heard that Doyle asked a woman to strip in front of a webcam. He also sent a 16-year-old girl a message on Facebook, called her at home and work, and parked across the street of her house to watch her.

When Doyle took the stand, he admitted that he crossed the line when he asked a woman to show her breasts on the webcam. However, he said he never threatened or pursued the woman. As for the teen, he said he thought she was 18 years old and denied that he’s harassing the girl.

Tags: Alonzo Wright, crime, Criminal, David Bright, Defense lawyer, Jason Doyle, lawyer
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Can you fight a “Disorderly Conduct” Charge?

Monday, May 4th, 2009

Imagine having barbecue with friends, eating well, and drinking beers. Then, while talking with several neighbors on the sidewalk, a police officer parked and told you that someone called regarding a “disturbance.” Before long, you are “taken into protective custody.” Also, you are issued a “public intoxication” misdemeanor citation.

What can you do in this case if you know that you’re not drunk and you’re not causing any disturbance? Well, you can ask a lawyer and turn to the law.

If you’re arrested in California, their Penal Code Section 647 concerning “disorderly conduct” states that anyone found under the influence of liquor in a public place may be put into civil protective custody. However, there should be conditions. The individual should be unable to care for his safety or for other’s safety, and interferes with the free use of a sidewalk, street, or any public way.

In the case above, there are many arguments to fight the charge. First of all, if you said that you were not so intoxicated, how did the officer conclude that you were? Did he perform any field sobriety tests on you? Remember that being “legally drunk” while driving is different from just talking with neighbors outside your house. So will your neighbors testify on your behalf?

Also, take note that a criminal conviction requires proof beyond reasonable doubt from a unanimous jury. If misdemeanor is your charge, then you can still reduce that to an infraction, upon advice of your defense lawyer.

Tags: California, Criminal, Defense lawyer, disorderly conduct, disturbance, infraction, law, lawyer, misdemeanor, Penal Code Section 647, public intoxication
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