Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Minimum Mandatory Sentencing Rules’

Justice System Punishment In The Toilet

 The Corrections system is Broken. Mandatory Minimum Sentences are a bad idea. Total Incarceration does not work. – So Says Two U.S. Supreme Court Justices. Two United States Supreme Court Justices, Stephen Breyer and Anthony Kennedy, gave testimony before a House Appropriations subcommittee on March 23rd, 2015. Justice Kennedy called the corrections system in many respects “broken”. He found lawyers to be ignorant on this corrections or punishment aspect of the justice system. “I think, Mr. Chairman, that the corrections system is one of the most overlooked, misunderstood institutions we have in our entire government. In law school, I never heard about corrections. Lawyers are fascinated with the guilt/innocence adjudication process. Once the adjudication process is over, we have no interest in corrections. Doctors know more about the corrections system and psychiatrists than we do. Nobody looks at it. California, my home state, had 187,000 people in jail at a cost of over $30,000 a prisoner. compare the amount they gave to school children, it was about $3,500 a year. Now, this is 24-hour care and so this is apples and oranges in a way.… Read More

Self-Defense and Florida’s New Perspective | Criminal Defense Law

Self-Defense Criminal Law

 Florida’s New Perspective on Self-Defense Florida Governor Rick Scott made it official that the use of defensive threats of force, such as “warning shots”, is considered self-defense. By signing HB89, Floridian’s are now allowed to use a defensive threat as a means of self-defense, without the fear of going to prison. An Affirmative defense is defined as one in which a defendant admits to all elements of the crime but is not held criminally liable. Affirmative defenses fall into two categories, either an excuse or justification. In a justification defense, the defendant admits to all elements of the crime, but argues there is no criminal liability because the acts are justified. Where as in an excuse defense, the defendant argues the wrongdoing is excused for some reason that is personal to the defendant. Lack of mental capacity, insanity, and duress are all examples of an excuse defense. Self-defense is a justification defense. The defendant is a non aggressor who reasonably believes that force is necessary to protect themselves from the imminent use of unlawful force by another. The force used by the defendant must be… Read More

PUSH FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES

White collar crimes criminal defense

GROUP PUSHES FOR LIGHTER SENTENCES FOR WHITE COLLAR CRIMES Families Against Mandatory Minimums has entered the picture for Americans convicted of fraud and other white-collar crimes. An advocacy group that has primarily fought strict drug sentences, has begun to shift their attention towards lighter punishment for financial crimes. It’s been noted that sentences in cases of fraud, insider trading and other economic crimes are now and again inconsistent and excessive, says the advocacy group Families Against Mandatory Minimums (FAMM). Lighter sentences for white-collar crimes have been an issue that many defense lawyers and some federal judges been trying to resolve. Unfortunately their efforts have been unsuccessful. This is due to the fact that consumer advocates along with Congress believe that more cases should have been brought against Wall Street during the financial crisis of 2007-2009. Prolonged prison terms have resulted from dozen of these cases over insider trading by Federal prosecutors in New York and other districts. Judges are still relying heavily on sentencing guidelines for consistency, even though they are advisory rather than mandatory. The guidelines are “mixed up and crazy” argue the advocates which… Read More

Plea deal ends Florida ‘warning shot’ case

Marissa Alexander | Law

Stand Your Ground In a case that garnered all of its attention due to a “stand your ground” defense, has ended via a plea deal. A women accused of firing a gun at her estranged husband and his two sons in what she claimed to be self-defense, arguing that she feared for her life before discharging the weapon. Marissa Alexander is charged with three counts of aggravated assault with a deadly weapon for the 2010 shooting. She will receive credit for the 1,030 days she has already served, under the deal with the prosecutors. Had the 34-year-old Alexander, of Jacksonville, been convicted of all counts at her second trail in the case, she would have had to serve 60 years because of Florida’s minimum-mandatory sentencing rules when a firearm is involved. A jury deliberated for just 12 minutes during her first trial, before delivering a guilty verdict. Under Florida Law, anyone who fires a gun during a commission of a felony is subject to a minimum of 20 years in prison, which was her original sentence. Alexander’s conviction was overturned 21 months into her punishment,… Read More