Teen DUI and DWI Offenses Driving College Kids Straight

September 19, 2008 By Leave a Comment

By Aaron R Klimchuk

Cindy is 19 years old. One afternoon, she has one beer with a couple friends, and then she drives her little sister to a friend’s house. Along the way, the police stop her because a tail light is out. Guess what? She’s arrested, taken to jail, and the car is impounded. Later, she’s convicted under her state’s new Zero Tolerance law, designed to discourage teens under 21, who are not legally allowed to drink, from drinking and driving. She loses her license for a year, she has to perform 40 hours of community service, and she has to attend a driver safety course for three months. And, because a minor was in the car with her, she has to spend several days in jail. [Read more...]

Filed Under: DUI, Getting Out, Teen DUI Tagged With: ,

DUI And Probation

September 11, 2008 By Leave a Comment

By Eddie Tobey

The criminal justice system has gradually shifted its focus from filling prisons to a more compassionate approach, namely rehabilitation. Thus, conditional probation has become an increasingly important aspect of sentencing. In general, the power to suspend a sentence and impose probation is statutorily created, and must, therefore, be exercised in accordance with the statute authorizing it. Depending upon the restrictive nature, some statutes permit the court sole discretion in setting certain conditions of probation, while others specifically restrict the judge to certain conditions.

The most restrictive statutes may require the imposition of certain conditions for certain offenses, require defendants to complete a minimum sentence before being eligible for probation, or simply prohibit granting probation entirely for offenses which prescribe punishment of a certain severity.

When probation is granted, some statutes explicitly authorize the imposition of certain conditions such as restitution, fines, recoupment and incarceration. These conditions have been upheld to deter further offenses and contribute to the defendant’s rehabilitation. Recoupment statutes have withstood arguments that they may operate to deter defendants from exercising their right to counsel, on account they are based on the ability of the defendant to pay. However, where revocation of probation occurs and the defendant is indigent or has made a good-faith effort to pay fines or the costs of rehabilitation programs, courts have held that revocation of the probation violates equal protection.

A Violation of Probation is generally initiated by your probation officer and may result in a warrant for your arrest. The warrant may block your ability to post bond. It is therefore important to consult with an attorney as soon as you learn that a warrant has been issued for your arrest. An attorney may be able to arrange for your surrender and obtain your release on your own recognizance (ROR), or a low bond.

In addition to the explicitly authorized conditions of probation, formulation and imposition of other conditions is often left to the sound discretion of the trial court. These conditions are generally limited only by the requirement that they be reasonably related to the defendant’s rehabilitation. Accordingly, trial courts should be viewed as having wide discretion in imposing these conditions. [http://www.e-sandiegoduilawyers.com]San Diego DUI Lawyers provides detailed information on San Diego Alcohol Treatment, San Diego Dui Laws, Driving Under The Influence, Dui And Fines and more. San Diego DUI Lawyers is affiliated with [http://www.e-CriminalDefense.com]White Collar Criminal Defense.

Article Source: http://EzineArticles.com/?expert=Eddie_Tobey http://EzineArticles.com/?DUI-And-Probation&id=232212

Filed Under: Probation Tagged With: , ,

What Are Probation and Parole?

September 11, 2008 By Leave a Comment

By Joseph Devine

If you are convicted of a crime but do not seem to be at a high risk of making the same mistake again, the judge may be lenient and put you on probation instead of sending you to prison. Probation is a period of time during which you must live up to a certain standard of behavior. If you fail to meet this standard, you will be expected to serve your full sentence. It is up to the judge or probation officer to determine the length of your probation, the exact guidelines you are to follow and the length of time you will serve if your probation is revoked.

Parole is somewhat similar to probation, except that is it granted to people who have already served part of their prison sentence. When a judge hands down a sentence, it will specify the amount of time the convicted person must spend in prison before they are eligible for parole. For example, a sentence of “twenty years to life” means that the prisoner may apply for parole in twenty years; if it is never granted, they will spend the rest of their life in prison. Parole is offered to prisoners in exchange for exceptionally good behavior and other indications that they will probably not reoffend, such as lining up a permanent residence and employment outside of prison. This offer always comes with strings; once released from prison, a person is expected to follow certain guidelines. If they fail to do so, they can be sent back to prison for the remainder of their original sentence, plus additional time if they commit another crime while out of prison.

Common requirements for people offered one of these options are taking and passing regular drug tests, regular meetings with a probation or parole officer, maintaining employment, and staying within state lines. Additional requirements are sometimes listed, such as sticking to a curfew and not fraternizing with any other convicted criminals. It is up to the PO to decide which and how many guidelines a parolee or person on probation will have to follow. Generally, breaking the law is an automatic violation of the guidelines.

If a person violates one of these rules, they may receive a warning from their PO, or the officer may decide to revoke the person’s parole or probation. If the officer chooses the latter, the person is entitled to a legal hearing to determine if they are truly guilty.

For more information on these and related laws, contact [http://kohlerandhart.com/]Milwaukee probation and parole revocation lawyers Kohler & Hart.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine http://EzineArticles.com/?What-Are-Probation-and-Parole?&id=1388613

Filed Under: Probation Tagged With: , ,

Have You Been Arrested Or Released From Jail Recently?

September 8, 2008 By Leave a Comment

By Sonia Munoz

Recent changes in Immigration policies make mandatory detention
much more likely for Visa holders and Lawful Permanent Residents.

If you have been recently arrested or have been released from prison after October 8, 1998, you may be a candidate for mandatory detention. Immigration and Customs Enforcement (ICE) may arrest and hold you in an Immigration Detention Facility based on the criminal charge.  This may happen even if you served a minimal amount of time in jail. The key element is that the criminal charge, arrest, or release from custody have occurred after October 8, 1998.

On March 21, 2007, in Matter of KOTLIAR-, 24 I&N Dec. 124 (BIA 2007), the Board of Immigration Appeals ruled on the topic of mandatory detention during a bond re-determination hearing.  The Board of Immigration Appeals (BIA) is the governmental body having jurisdiction over appeals submitted by detainees and respondents who have been ordered deported by an Immigration Judge during removal proceedings.

According to the BIA, its ruling is consistent with the concern from Congress that criminal aliens will continue to commit crimes and not appear at the removal hearings.  It is important to note that the alien is able to request release and bond in front of an Immigration Judge where the grounds for detention are not included in the charging document from the Department of Homeland Security.

Based on the BIA’s recent ruling, an alien who has been apprehended from home while on probation for a criminal conviction is subject to mandatory detention. The individual is to be mandatorily detained by ICE regardless of the reason for the criminal custody or arrest. He or she can be subject to mandatory detention as long as the arrest or the release occurred after October 8, 1998. This recent ruling came about as a result of an appeal from an individual who entered the United States as a visitor and stayed for longer than authorized, who had been convicted of several crimes.  According to the BIA’s ruling, individuals having served time in jail or on probation are subject to mandatory detention. Even an individual who has been arrested before a conviction is given may be subject to mandatory detention for immigration purposes.  It is important to note that even if the arrest was based on a crime that is not the grounds for your charges of deportation, you may still be subject to mandatory detention.

An individual can appeal a final order of deportation by the Immigration Judge to the BIA.  In some cases, the individual can even appeal to the Circuit Court having jurisdiction over the case.  In general, the BIA is the last governmental body to review the individual’s case. Hence, the decision by the BIA is the final say on whether the individual appealing is able to stay in the United States or is to be deported.

If you have been arrested or released from probation, parole, or incarceration recently, you might be subject to mandatory detention. Feel free to contact an attorney at Immigration Legal Experts, Inc. at 1-866-482-VISA (8472) to find out more information.  Initial Legal Consultation is FREE. Also visit   [ http://www.immigrationlegalexperts.com] Immigration Legal Experts, Inc.  on the web.

Authored by Sonia M. Munoz, Esq. Attorney and President of Immigration Legal Experts, Inc. For her CV and more information about her previous experience, seminars, and other published articles visit http://www.immigrationlegalexperts.com

Article Source: http://EzineArticles.com/?expert=Sonia_Munoz http://EzineArticles.com/?Have-You-Been-Arrested-Or-Released-From-Jail-Recently?&id=512446

Filed Under: Getting Out Tagged With: , , ,

What’s The Differences Between Probation And Parole

September 5, 2008 By Leave a Comment

By Robert Davis

A reader asked this good question and I’ll try to give you the facts between the two.

First, parole is only given to an individual that is serving time in a prison. If your original sentence is two years, it could be cut short. Say you served one year of your sentence with no behavior problems. Then you might go before the parole board and be eligible to serve your last year as a semi free person. The reason why I say semi free is because you must serve that free time crime free. If you commit a violation or crime, you’ll have to go back to prison and serve that last year, plus whatever sentence you received for the crime that put you back there!

Probation is usually time given to a person in lieu of jail. Say you committed a crime that carries a sentence of two years. The judge could then suspend sending you to jail for two years and instruct you to serve that time a semi free person. This means no criminal action during those two years. If you commit a crime, off to jail you go for the original two years. It’s usually given to people who committed no violent crime, has no criminal record, or if the judge simply has compassion for you.

Oh, before someone asked what’s a parole board. A parole board is a group of officials ( usually consisting of 3-7 people) that reviews prisoners profiles to determine which are a risk to society and which might be trusted to faithfully perform the ‘parole’. They are usually appointed by the governor of the state they represent.

I hope this explains the differences between the two actions. Take care all!

This author submits professional articles to http://www.ezinearticles.com  His articles informs citizens about how to handle different situations when confronted by the police. He is a former award winning police officer. Mr. Davis is an authorize speaker to young police recruits in Louisiana. He is also a master in wilderness suvival. He studied criminal law at Loyola University in New Orleans, Louisiana.

In addition, Mr. Davis has been a featured guest on many television shows detailing how to detect rogue police officers as well as a defense against such officers. This author is also working with Authors Stephen Peach, the award winning ex swat officer of California, and Mike Madigan.  These two authors have also dedicated their lives to exposing rogue cops. Mr. Davis will be at Barnes and Noble, CitiPlace Ct., in Baton Rouge, Louisiana at a book signing on April 14, 2007, from 1:00pm – 2:00pm.

Article Source: http://EzineArticles.com/?expert=Robert_Davis http://EzineArticles.com/?Whats-The-Differences-Between-Probation-And-Parole&id=644662

Filed Under: Getting Out, Parole, Probation Tagged With: ,

Getting Out of Jail – What to Do Next

September 5, 2008 By Leave a Comment

By Joseph Devine

When you are just getting released from jail, there is a lot that you have to worry about. There are probably so many things that are on your mind that you need to take care of. This is just a few things that you won’t have to worry about because you already know how the process will work.

The first thing you will have to do is to have a visit with your probation officer. At this meeting, they will tell you all the rules and regulations that you are required to follow while you are on probation. One of the rules that they will tell you is that you are not allowed, for any reason, to leave the state. If you leave the state, they will consider this a violation of probation and will put you back in jail. If you get arrested for any offense no matter what it is, you will be put back into jail. Getting arrested while you are on probation is also considered a violation of probation by the courts. If you are arrested at any time during your probation, you need to contact your probation officer as soon as possible to let them know of the situation.

Once you are officially released from jail, there are treatment services that you are required to go through. These are classes that the state requires you to take to help to integrate you back into the community smoothly. You may have to pay for these classes depending on the circumstances and where the classes are offered. If you do not participate in these treatments that are assigned, the court does have the right to call that a violation of probation and send you back to jail.

If you are required to make restitution payments of any kind, your probation officer will be able to help you with this portion. They will most likely give you a form that will explain where to mail your money and who to give your information to in Texas.

Another rule of thumb for anyone who may be on probation is that you are not allowed to carry any type of firearm. This may seem like it is an unfair rule, but if you were convicted for any crime and sentenced to jail time; the court finds that this rule is just for safety precautions for those who are on probation.

For more information, contact the Denton Criminal Attorneys of Alexander and Associates at http://www.criminallawyerdenton.com

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine http://EzineArticles.com/?Getting-Out-of-Jail—What-to-Do-Next&id=1221773

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Using attachment theory with offenders

December 31, 1969 By

Attachment theory has routinely been considered essential for those working with children. However, contemporary literature and research on attachment offers some compelling insights for work with offenders, particularly in the way that empathy is developed and mood is regulated.

Filed Under: Probation Tagged With:

Work for the benefit of the community as a criminal sanction in Spain

December 31, 1969 By

Work for the benefit of the community as a criminal sanction was first introduced into Spanish legislation by the 1995 criminal code. However, orders have not been implemented as expected and the gap between the written law and the law in action has been considerable. Regulation and implementation of orders pose serious problems, which reflect more general trends of criminal policy and practice in Spain. After briefly describing the regulation and implementation of work for the benefit of the community orders, this article focuses on the main problems they present and discusses them in the context of wider policy issues.

Filed Under: Probation Tagged With:

People First: Probation Officer Perspectives on Probation Work

December 31, 1969 By

The Probation Service has experienced massive changes during the past 10 years, including the way in which its probation officers are trained. Whether or not the espoused intention of this latter change was to introduce a `new breed' of officer more versed in control than care, the three studies reported here all demonstrate the same finding, namely that individuals enter the training to work with people, and that they continue to achieve most satisfaction from this. The studies focus variously on newly qualified officers, those in training, and those applying for training. This article reviews these studies and offers a critical analysis of their key findings.

Filed Under: Probation Tagged With:

An exploration of the purposes and outcomes of probation in European jurisdictions

December 31, 1969 By

The theme of this article was developed at a conference organized by Conférence Permanente Européenne de la Probation (CEP) together with the Ministry of Justice of Estonia which took place in Tallinn, September 2007. The title of the conference was `Unity and Diversity in Probation'. Within this context, this article aims to examine issues and dilemmas in evaluating probation effectiveness in different jurisdictions. According to the published aims of various probation services, probation systems in EU countries could be divided into four main types: probation services based on promoting community measures and sanctions; probation services based on the model of assisting the judiciary; probation services based on the rehabilitation model/public protection; and probation services based on a punishment or enforcement model. These different types require different criteria for evaluating probation effectiveness, but each criterion has some important risks, which need to be carefully assessed. The article's focus therefore is on the methodological dilemmas and not on the ethical aspects of defining probation's purposes and objectives.

Filed Under: Probation Tagged With:
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