Posts tagged with: "mandatory minimums"
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5 Jan 2014, 12:27 pm by W.F. Casey Ebsary, Jr.
Florida Statute § 893.135  Marijuana Minimum Mandatory SentencesThe Florida Statutes on Cannabis and Marijuana provide harsh minimum mandatory sentences that kick-in at 25 pounds and 2000 plants. The stakes become higher when 10,000 pounds or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive … [read post]
11 Jan 2014, 6:49 am by W.F. Casey Ebsary, Jr.
Florida Statute § 893.135  Amphetamine or Methamphetamine Minimum Mandatory SentencesFlorida laws on Amphetamine or Methamphetamine provide harsh minimum mandatory sentences that kick-in at 14 grams. The stakes become higher when 28 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. A 15 year minimum prison sentence is possible at 200 grams.The United States Code also provides harsh sentences for trafficking in this… [read post]
10 Jan 2014, 11:25 am by W.F. Casey Ebsary, Jr.
Florida Statute § 893.135 Oxycodone, Hydrocodone, Hydromorphone Minimum Mandatory SentencesThe Florida Statutes on Morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer, including heroin provide harsh minimum mandatory sentences that kick-in at as little as 4 grams. The stakes become higher when 14 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. At 30… [read post]
9 Jan 2014, 6:33 pm by W.F. Casey Ebsary, Jr.
Florida Statute § 893.135  Cocaine Minimum Mandatory SentencesThe Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine:Drug Amount  … [read post]
31 Oct 2012, 10:17 am by McNabb Associates, P.C.
The Register Guard on October 31, 2012 released the following: "Mandatory sentences rejected A judge refuses to send a father and son to prison for five years for burning trees and brush on federal land BY KAREN MCCOWAN Rejecting mandatory minimum five-year sentences as "grossly disproportionate" to the crimes, a federal judge in Eugene on Tuesday sentenced an Eastern Oregon rancher to three months in prison and his adult son to one year and a day for deliberately setting fires on federal land. A… [read post]
15 Jan 2014, 10:55 am by W.F. Casey Ebsary, Jr.
Florida Statute § 893.135 Phenethylamines aka Molly aka MDMA Minimum Mandatory Sentences Florida laws on Phenethylamines aka Molly aka MDMA provide harsh minimum mandatory sentences that kick-in at 10 grams. The stakes become higher when 200 grams are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts. A 15 year minimum prison sentence is possible at 400 grams.Phenethylamines  10 – 200 grams 3 years, $50,000… [read post]
12 Aug 2013, 7:26 am by McNabb Associates, P.C.
Los Angeles Times on August 11, 2013 released the following: “Atty. Gen. Eric H. Holder Jr. plans to announce a federal policy shift to reduce penalties for low-level, nonviolent offenders and to ease prison overcrowding. By David G. Savage SAN FRANCISCO — Federal prosecutors will no longer seek long, “mandatory minimum” sentences for many low-level, nonviolent drug offenders, under a major shift in policy aimed at turning around decades of explosive growth in the federal… [read post]
26 Sep 2011, 11:28 am by Michael O'Hear
The New York Times has a new article on mandatory minimums and plea bargaining.  The article notes the near-disappearance of the American criminal trial over the past generation: Plea bargains have been common for more than a century, but lately they have begun to put the trial system out of business in some courtrooms. By one count, fewer than one in 40 felony cases now make it to trial, according to data from nine states that have published such records since the 1970s, when the ratio was about… [read post]
Our prisons are filled with people who shouldn't be there.  As this blog has noted minimum mandatory drug sentencing destroys more lives than do the drugs that are outlawed. And the extraordinary sentences served by nonviolent drug offenders have undermined American claims that our system of justice is fair and impartial, especially in Florida where one can be convicted without knowledge of drugs. Those involved in the criminal justice system such as prosecutors, judges and even Clearwater… [read post]
25 Feb 2013, 9:06 am by Lewis Gainor
An arrest for driving under the influence is typically a misdemeanor. However, there are some circumstances under which even a first offense can be a felony. For review, a misdemeanor is different from a felony in that the maximum sentence for a misdemeanor is less than one year in jail. A felony charge, however, has [...] [read post]
13 Sep 2011, 2:17 pm by Lewis Gainor
The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family or household member. These charges are found under sections 720 ILCS 5/12-3.2(a)(1) and (a)(2). Technically, the prosecution must prove beyond a reasonable doubt that the… [read post]
5 Dec 2011, 2:02 pm by Lewis Gainor
The potential penalties for a Class A misdemeanor offense include up to one year in the county jail and a maximum fine of $2500. Technically, a sentence of incarceration can last for only 364 days. A jail sentence of 365 days or more is only permissible for a felony offense. Additionally, any sentence lasting one year or longer must be served in the state penitentiary system, the Illinois Department of Corrections. Misdemeanor sentences of incarceration are served in jail, whereas felony sentences… [read post]
A psychologist in California thought he had a great deal on a used van at $14,000. But 14 months later when he had his breaks fixed the mechanic found over half a million dollars of Cocaine. "My hands went numb," he said.He's a lucky man. He's lucky that the drug cartel missing the cocaine didn't find him, then lead him toward a life ending accident.  And he's especially lucky he doesn't live in Florida. In Florida, Knowledge of the Cocaine is not required for arrest, prosecution and conviction of… [read post]
21 Oct 2010, 5:12 am by Lewis Gainor
The breathalyzer test that is part of nearly all driving under the influence arrests serves as the State’s best evidence that the driver is guilty. A result of 0.08 or more is per se a violation of 625 ILCS 5/11-501. But the breath test does more. A high breath alcohol concentration can subject the defendant to additional penalties and a harsher sentence if found guilty. Illinois DUI law provides that a defendant who is found guilty and has an alcohol concentration in his blood or breath of 0.16… [read post]
Florida's harsh Drug Laws and outrageous penalties are making headlines in Britain. The latest case involves a girl who just turned 18 a few days after her arrest for bringing in cocaine as a clueless mule. Mercy? Justice? Leniency? Of course not, this is Florida, where even your favorite Clearwater Drug Attorney never fails to be amazed and astonished that Prosecutors - not impartial Judges - ultimately determine the length of drug sentencing by how the Prosecution initially files the charge. Do… [read post]
6 Nov 2010, 11:51 am by Lewis Gainor
The law against driving under the influence in Illinois has enhanced penalties where the defendant was transporting a child passenger. The DUI statute in Illinois is 625 ILCS 5/11-501. A first offense is a Class A misdemeanor offense. The sentencing range is up to one year in jail and a possible fine of $2,500. But where the driver has a passenger who was younger than 16 years old, the sentence increases under 625 ILCS 5/11-501(c)(3). A minor who is less than 16 years of age is considered a child… [read post]
28 Apr 2011, 10:14 am by Lewis Gainor
The penalties for an arrest for driving under the influence in Illinois were increased in 2011. A second offense of DUI is still a misdemeanor, but the penalties are far more severe than any other misdemeanor. The law provides that a second offense of DUI is a Class A misdemeanor. The law in Illinois provides that a Class A misdemeanor offense has a maximum punishment of up to one year in the county jail, and a maximum fine of $2,500. The judge is permitted to sentence the defendant to probation… [read post]
2 Apr 2011, 10:13 am by Lewis Gainor
Another year comes and another set of penalties for driving under the influence in Illinois. The law in Illinois on DUI changes every year. The reasons for this include the fact that ambiguities in earlier statutes are detected or become problematic in court, and these instances are reported to state lawmakers. Another reason the law is in a constant state of change is that DUI is highly political and new legislators can quickly make a name for themselves with new laws punishing intoxicated… [read post]
29 Jan 2014, 1:32 pm by W.F. Casey Ebsary, Jr.
Florida Marijuana Laws Summary With all the media attention on the ballot issue in November, people may still forget that Cannabis / Marijuana is still a violation of Chapter 893 of the Florida Statutes. Until the law changes, there is essentially no medical marijuana and there is no legal way to use marijuana. Legal Issues of constructive possession, knowledge, dominion and control, lack of a search warrant, and probable cause still remain issues to be challenged and presented to the… [read post]
29 Aug 2013, 2:12 pm by Robert Hambrick
Your favorite Clearwater criminal defense attorney just obtained a memorandum sent today to each federal prosecutor working in every United States Attorney's office. The memorandum outlines the factors which every prosecutor must now consider before pursuing marijuana trafficking cases.Here are the six critical factors to be used by prosecutors in the future for every Department of Justice prosecution as delineated in the memorandum:Is Cannabis Legal?1. Preventing the distribution of marijuana… [read post]