Crisis in Public-defender Offices

Monday, June 15th, 2009

Kimberly Hurrell-Harring admits that what she has done wasn’t the brightest decision she made. But when her husband pleaded with her to bring a very small amount of marijuana to “get high” in his awful maximum-security prison, she consented. So she drove 7 ½ hours to visit him and hid the dope in her private part.

Someone may have been listening because as soon as she arrived into Great Meadows Correctional Facility, the guards immediately yanked her and told her that things would be easier if she just hand over the dope without fuss. However, as soon as she did, she was handcuffed and immediately brought to jail.

No public defender was available during her arraignment and she has no money to hire her own lawyer. So standing alone in court, she was charged with a felony count of bringing a dangerous contraband to prison. And since she could not afford bail, she went back to jail.

A public defender appeared after three weeks and spent 15 minutes with her before the sentence hearing. The advice was to plead guilty and not to fight the recommended punishment of the district attorney, which is six months behind bars as well as five years of probation.

She begged that she has no criminal record and there might be a chance that a small possession of pot could be considered a misdemeanor. However, it seems like the attorney has no time for her.

Tags: attorney, Criminal, district attorney, Great Meadows Correctional Facility, Kimberly Hurrell-Harring, marijuana, public defender
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Top DWI Fatalities among Large Counties

Wednesday, June 10th, 2009

Among the most populous counties in the nation, the highest rate of DWI-related traffic deaths belongs to Harris County. In fact, this claim was backed up by a series of horrible crashes in recent days.

Experts agree that limited public transportation and an urban sprawl that would lead their 3.9 million residents to drive many miles are partly to blame for their high DWI fatality. Meanwhile, the county jail is constantly filled with DWI suspects due to more officers and stepped-up reinforcement patrolling roadways at peak times. Added to this mix is the public’s stubborn reluctance to get cabs or rely on designated drivers when they get drunk.

“Our biggest problem is dealing with driving after we start drinking – we just don’t make plans before we drink,” said Paul Lassalle, an officer of DWI task force Police Department in Houston.

Each year, the cases of driving while intoxicated number to about 10,000. Due to this, district attorney Pat Lykos has called the DWI problem of the county as “pandemic plague.” He hopes to lower the rates by offering a pretrial probation term to first-time offenders, in hopes that it will avoid conviction and get them into treatment.

Tags: attorney, district attorney, driving while intoxicated, dwi, Harris County, Pat Lykos, Paul Lassalle
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Family Court Judge Accused of Overstaying

Thursday, June 4th, 2009

A family court judge was accused by a local attorney of overstaying in his bench. In fact, he’s taking this constitutional challenge to Nevada Supreme Court.

It does not always happen that a private person will try to remove a judge, but that’s exactly what is happening. According to Attorney Bob Leuck, Judge Bob Teuton is illegally sitting in office and if he continues his service, it would jeopardize every custody matter, every divorce, and every decision that he makes.

A former Assistant District Attorney, Teuton has been sitting for 30 years on the bench and was appointed in August 2008 to Department D Family Court. He expects to serve until November 2010 unless a constitutional challenge unseats him. He said “I’m a judicial officer and I have faith that the court system will make the right result.”

Meanwhile, Leuck argued that Teuton’s appointment should have ended on January 5, 2009. It was stated clear in the Nevada Constitution that the appointment should have ended on the first Monday of January. He explains that it’s nothing personal. He simply wants to follow the constitution.

If Supreme Court finds an overstaying term, Teuton says that the governor would be expected to re-appoint him. On the other hand, Leuck disagrees and explains that determinations made by an illegal person in office are not worth the paper they are printed on. Ultimately, this will also be determined by the Supreme Court.

Tags: Attorney Bob Leuck, district attorney, Divorce, famiy court, Judge Bob Teuton, Nevada Supreme Court
Posted in Divorce, Latest Legal News | No Comments »

Possible Criminal Charges in Trolley Crash

Thursday, May 28th, 2009

Criminal charges are being considered in a Suffolk County grand jury against Aiden Quinn, an MBTA Green Line trolley driver. Earlier this month, Quinn rear-ended another trolley near Government Center Station, according to two officials who are familiar with the case.

Quinn’s attorney, Michelle Menken said, “It’s not a surprise. I have not been notified and I’m not aware that Quinn had already been asked to testify.”

Meanwhile, the district attorney’s spokesman of Suffolk, Jake Wark, said “By nature, the grand jury proceedings are confidential and we cannot discuss, deny, or confirm such proceedings.”

The 24-year-old Quinn told authorities that he was sending a text message to his girlfriend so he missed the red light and slammed into three trolleys, injuring nearly 50 people in the process.

Quinn has already been fired from MBTA and could still face criminal charges, according to authorities. This crash has sparked a public debate about the dangerous habit of texting while driving. Some disagree with the criminal charges filed against Quinn while some say that he’s self-incriminating for telling the truth.

This case could be a wake up call for people who constantly use their cell phones while driving. In fact, it appears that there’s enough momentum for the State House to completely ban texting while driving cars.

Tags: Aiden Quinn, attorney, Criminal, district attorney, Government Center Station, MBTA, Michelle Menken, Suffolk County
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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 »