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Friday, November 26, 2010
'Blasting' Misdemeanor Backlogs
The man wasn't transported from jail that morning as scheduled, the kind of mistake that usually leads to a postponement. But Tuesday was an exception. The judicial bench had declared a moratorium on deferrals as part of a three-day effort dubbed the "Misdemeanor Blast."
No felony or civil trials were scheduled in Baltimore on Friday, Monday or Tuesday, so that judges, prosecutors and defense lawyers could chip away at the backlog of 1,400 misdemeanor cases — assaults, drug arrests, minor thefts — clogging the courts.
That meant typical delays would not be tolerated. After a quick call to the judge in charge of the criminal division, M. Brooke Murdock, Young announced that the defendant would be fetched. In the meantime, he chatted with the lawyers and handled several drug cases, sentencing a 29-year-old to time served for marijuana possession and a 28-year-old to 18 months in prison for attempted cocaine distribution.
Under state law, anyone charged with a crime in District Court that's punishable by at least 90 days incarceration has a right to ask for a trial by jury, which only the higher Circuit Court can handle. At any given time, three judges are assigned to those cases, but they can't keep up with the requests, which have steadily increased during the past decade.
They're "getting farther and farther behind," Murdock said in an interview. "There are just so many."
Defense attorneys say there's little incentive to plead guilty in District Court because defendants know that the stretched Circuit Court may cut them a better deal simply to clear their cases. The "probations" offered in District Court often turn into "dropped cases" in Circuit Court, attorneys said, and the six-month sentences sometimes become time served.
The Misdemeanor Blast was designed to sweep through several hundred cases quickly, without compromising justice.
"It's not a fire sale," said Albert Peisinger, a felony prosecutor assigned to five cases Tuesday.
Roughly 15 judges were assigned eight trials a day in the hopes that they could clear a quarter of the backlog, about 360 cases that had been repeatedly postponed, Murdock said. Judges called for extra jurors and attorneys who usually handle felony cases stepped forward to pick up the slack.
"All the component parts pulled together to make this a smooth operation," Murdock said.
Most of the cases still ended in plea deals, however, after defendants realized that the court was ready to go to trial, Murdock said. She believes that's why one man, whose case had already been postponed 14 times, took a time-served sentence Monday for fleeing police.
"He had asked for a jury trial," she said, "but he changed his mind and pled guilty."
Murdock was something of a point person for the effort, but she wouldn't claim it as her own. It's been tried before, she said, though she doesn't remember when. And it may be tried again.
"First we want to see how it works and sort of get a sense of whether we actually were successful," Murdock said. "We're trying not to be overly confident. We'll wait until we see the numbers."
www.baltimoresun.com
Tuesday, July 6, 2010
Arizona Sheriff Gets Death Threats Over New Law
A high-profile Arizona law-enforcement officer who has been outspoken about his support for the state's controversial new immigration law is receiving death threats, myFOXphoenix.com reported late Monday.
Some of the threats against Pinal County Sheriff Paul Babeu were from the Mexican mafia and drug cartel members.
Outside law enforcement teams brought in to investigate the threats found them credible.
Babeu was very outspoken about the need to secure the state's border with Mexico -- a known entry point to the U.S. for drug smugglers and illegal immigrant traffickers -- and supports law SB1070, which makes illegal immigration a state crime.
Despite the threats, Babeu declined a personal security detail because the county resources were already stretched.
"I understand this threat, yet I will not run in fear or change my support for SB1070 and my demands for President Obama to secure our border with 3,000 armed soldiers in Arizona and start building the fence again," he said.
"I'm always armed, and as every law enforcement member knows, we always have to be aware of our surroundings and possible threats."
Pinal County is nearly 5,400 square miles and much of the desert is known as a drug and human trafficking corridor.
Tuesday, June 29, 2010
Almost 900 State Laws To Take Effect In Virginia On July 1, 2010
Almost 900 new laws passed by the 2010 General Assembly will take effect Thursday.
Preoccupied with closing a $4 billion budget deficit, legislators avoided many of the hot-button issues that have dominated other sessions by killing or deferring action on bills.
But here's a look at some new laws that could affect Virginians' daily lives.
State workers
What's new? New state employees hired on July 1, or after, must pay 5 percent of their salary into the Virginia Retirement System. Local governments and school divisions have the option of picking up some, or all, of the 5 percent member contribution. What's changing? Since 1983, the state has been paying the employees' contribution and the state's share of state workers' retirement.Concealed weapons
What's new? Holders of concealed-handgun permits will be allowed to carry concealed guns into bars and restaurants, but they aren't supposed to drink. What's changing? Under current law, it is illegal to carry a concealed handgun into a restaurant or club where alcohol is consumed on the premises.Speed limits
What's new? The Virginia Department of Transportation can raise the speed limit from 65 to 70 mph on interstates and other limited-access highways after conducting traffic engineering studies of the roads.What's changing? Initially, the only interstate where the limit will rise to 70 mph is Interstate 295 from Petersburg nearly to Interstate 64 east of Richmond.
Seat belts
What's new? Sixteenand 17-year-olds riding in the back seat must buckle up and can be ticketed if a law-enforcement officer sees they are not wearing seat belts. What's changing? Currently, only passengers 15 and younger are required to wear seat belts in the back seat. What's new? Front-seat passengers ages 16 or 17 can be ticketed if seen not wearing seat belts. What's changing? Under current law, such passengers can get tickets only if an officer has pulled the car over for a different infraction.'Move over' law
What's new? A motorist approaching a tow truck or highway-maintenance vehicle displaying flashing amber lights must change lanes. What's changing? Currently, the law applies only to motorists approaching emergency vehicles displaying red or blue flashing lights.Underage drinking
What's new? A juvenile who commits a second offense of underage possession of alcohol can lose his driver's license for up to one year. What's changing? Currently, such a juvenile can lose his license for up to six months What's new? Courts will no longer be allowed to issue a restricted driver's license for school travel to a person under 18 who has been convicted of driving under the influence or refusing a breath test. What's changing? Courts currently have that discretion.Health insurance
What's new? A new state law says Virginians cannot be required to purchase health insurance. What's changing? The new law is meant to protect Virginians against a mandate in the federal health-care law. Which law will prevail is the subject of a fight playing out in federal court.Animal cruelty
What's new? The penalty for a violation of the minimal standards of animal care becomes a Class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine. What's changing? It had been a Class 4 misdemeanor, punishable by a fine of up to $250. What's new? The penalty for abandoning an animal becomes a Class 2 misdemeanor, punishable by up to six months in jail and a $1,000 fine. What's changing? It has been a Class 3 misdemeanor, punishable by a maximum fine of $500. What's new? The penalty for animal cruelty remains a Class 1 misdemeanor, punishable by up to 12 months and a $2,500 fine, but there are new restrictions. What's changing? The penalty will require a mandatory minimum of five days in jail and a prohibition on the possession and ownership of companion animals.Alcohol
What's new? Wine and liquor-tasting events can be held at government Alcoholic Beverage Control Stores. What's changing? Such events have been allowed at restaurants and festivals, but not at ABC stores.Flags
What's new? A unit owners' or property owner's association cannot bar a property owner from displaying the American flag. The association can establish "reasonable restrictions" on the size and placement of a flag.What's changing? The law, inspired by the case of Van T. Barfoot, a Medal of Honor winner who lives in Henrico County, is meant to protect the rights of homeowners, while treating homeowners associations fairly.