The Department of Corrections will soon issue photo identification to offenders released from prison to aid them in obtaining new driver's licenses or Washington state identification cards, the agency announced Friday.
Convicts often lack proper identification because they lost their driver's licenses or failed to keep track of other documents such as Social Security cards. That can make it more difficult upon their release to find employment or housing, which boosts their chances for recidivism, according to the Corrections Department.
When they're released, Corrections will provide offenders with department-issued ID cards that the Department of Licensing has agreed to accept as one of several required documents for obtaining a state driver's license or ID card. The department still will require offenders to present documents such as birth certificates, passports or military ID to verify identity.
Under the agreement with the Licensing Department, Corrections will send an electronic notification to Licensing with the offender's photo, description, Social Security number and date of birth.
http://seattlepi.nwsource.com/local/337010_doc27.html
Saturday, October 27, 2007
Wednesday, October 17, 2007
Prof. John Strait's Three Golden Rules of Criminal Defense Work
1. Get the money up front.
2. If somebody goes to jail, make sure it's your client and not you.
3. Get the money up front.
2. If somebody goes to jail, make sure it's your client and not you.
3. Get the money up front.
Tuesday, October 16, 2007
Scare Them To Death Or Work Them To Death
The term plea bargaining can be defined as the process whereby the defense and the prosecution in a criminal case work out a mutually acceptable disposition of the defendant's case. That disposition, called a plea agreement, is subject to court approval. Properly negotiated and structured, plea agreements in general benefit defendants, the government, and the judiciary. In addition, the public benefits from plea-bargaining because plea agreements result in the conservation of public resources as well as the quick disposition of criminal cases.
Although to a defense attorney there are no sweeter words than the two words "not guilty," years of experience have taught me that a client is usually better served by a good deal than by going to trial. Unfortunately what the prosecutor offers is usually not what the defense would call a good deal.
There are more than a few defense attorneys, derisively called "dump trucks," who, when faced with bad facts and a bad plea offer, will turn on their clients to get them to plead guilty no matter how bad the deal. The true masters are those who when faced with bad facts, no defense and a bad plea offer, still manage to get their clients a better deal and a reasonable sentence.
How do the masters do it? To paraphrase what John Houseman used to say in his commercials for Smith Barney, "they earn it."
The defense attorneys who get the best deals are the ones who have a reputation for trying tough cases and making the prosecutor work hard to gain a conviction. Nothing motivates a busy prosecutor to deal away a case more than the thought of having to spend the weekend working to reply to numerous legal memorandums or even worse, the thought of losing face by possibly losing at trial. Even though the case is a slam dunk winner for the prosecutor the true master makes his/her client's case the prosecutor's worse nightmare, a case from hell. Like the constant drip, drip, drip of water on a rock, you have to wear the prosecutor down in order to extract every concession possible.
Scare Them To Death Or Work Them To Death. That's the way you do it.
Although to a defense attorney there are no sweeter words than the two words "not guilty," years of experience have taught me that a client is usually better served by a good deal than by going to trial. Unfortunately what the prosecutor offers is usually not what the defense would call a good deal.
There are more than a few defense attorneys, derisively called "dump trucks," who, when faced with bad facts and a bad plea offer, will turn on their clients to get them to plead guilty no matter how bad the deal. The true masters are those who when faced with bad facts, no defense and a bad plea offer, still manage to get their clients a better deal and a reasonable sentence.
How do the masters do it? To paraphrase what John Houseman used to say in his commercials for Smith Barney, "they earn it."
The defense attorneys who get the best deals are the ones who have a reputation for trying tough cases and making the prosecutor work hard to gain a conviction. Nothing motivates a busy prosecutor to deal away a case more than the thought of having to spend the weekend working to reply to numerous legal memorandums or even worse, the thought of losing face by possibly losing at trial. Even though the case is a slam dunk winner for the prosecutor the true master makes his/her client's case the prosecutor's worse nightmare, a case from hell. Like the constant drip, drip, drip of water on a rock, you have to wear the prosecutor down in order to extract every concession possible.
Scare Them To Death Or Work Them To Death. That's the way you do it.
The Lost Jewel by Emily Dickenson
I held a Jewel in my fingers -- And went to sleep -- The day was warm, and winds were prosy -- I said "Twill keep" -- I woke -- and chide my honest fingers, The Gem was gone -- And now, an Amethyst remembrance Is all I own --
These days it is common in plea negotiations where there is a firearm involved in the facts for a state prosecutor to threaten defense counsel that if the defendant doesn't take the state's plea offer, the defendant's case will be reviewed for federal filing.
The prospects of having a state case go federal is real. In theory any drug or gun case can be both a federal case and a state case. The federal government has concurrent jurisdiction with the state over drug and firearm related offenses. Although most people think otherwise, the concept of double jeopardy does not apply to prevent the federal government from prosecuting the same offense a second time after a state prosecution. But, as a practical matter, the lack of prosecutorial resources keep most state firearm cases in the state courts and the government usually doesn't prosecute a state offender for the same offense again in federal court.
In the past decades, however, with the advent of federal funding for prosecution of firearms and firearm related offenses, more and more state prosecutor offices have had one of their deputy prosecutors sworn in as a Special Assistant United States Attorneys whose sole job is to select for federal prosecution and then prosecute in federal court repeat firearm offenders.
If the case is indicted as a federal offense the client is often facing a sentencing scheme that is two or three times harsher than the state sentencing structure. Once a defendant's case has been referred for review by one of these Special Assistant United States Attorneys, it's a real problem getting the client to believe that the state prosecutor is not bluffing about having the case go federal.
Over the past years I've spoken to numerous individuals who had been detained without bond in the federal detention center because they refused the state's plea offer, set their state case for trial and then found themself arrested on a federal bench warrant. Unbeknownst to the client the federal government indicted, the state then dismissed and the former plea deal, which once looked so bad, became a sought after jewel that was lost forever.
These days it is common in plea negotiations where there is a firearm involved in the facts for a state prosecutor to threaten defense counsel that if the defendant doesn't take the state's plea offer, the defendant's case will be reviewed for federal filing.
The prospects of having a state case go federal is real. In theory any drug or gun case can be both a federal case and a state case. The federal government has concurrent jurisdiction with the state over drug and firearm related offenses. Although most people think otherwise, the concept of double jeopardy does not apply to prevent the federal government from prosecuting the same offense a second time after a state prosecution. But, as a practical matter, the lack of prosecutorial resources keep most state firearm cases in the state courts and the government usually doesn't prosecute a state offender for the same offense again in federal court.
In the past decades, however, with the advent of federal funding for prosecution of firearms and firearm related offenses, more and more state prosecutor offices have had one of their deputy prosecutors sworn in as a Special Assistant United States Attorneys whose sole job is to select for federal prosecution and then prosecute in federal court repeat firearm offenders.
If the case is indicted as a federal offense the client is often facing a sentencing scheme that is two or three times harsher than the state sentencing structure. Once a defendant's case has been referred for review by one of these Special Assistant United States Attorneys, it's a real problem getting the client to believe that the state prosecutor is not bluffing about having the case go federal.
Over the past years I've spoken to numerous individuals who had been detained without bond in the federal detention center because they refused the state's plea offer, set their state case for trial and then found themself arrested on a federal bench warrant. Unbeknownst to the client the federal government indicted, the state then dismissed and the former plea deal, which once looked so bad, became a sought after jewel that was lost forever.
Monday, October 8, 2007
Sorry we missed you ....
Paranoia is a disturbed thought process characterized by excessive anxiety or fear, often to the point of irrationality and delusion. Paranoid thinking typically includes persecutory beliefs concerning a perceived threat.Sorry we missed you ....
It would be nice if the government would leave a calling card when you were suspected of criminal behavior. But the fact that the government doesn't let you know you are under investigation does not mean you are not being watched and observed. It's getting more and more common these days for the government to eavesdrop on your cell phone calls, read your email correspondence, analyized your bank records, search your garbage, check your credit background and interview your neighbors without ever getting a warrant or contacting you. As the old joke goes, just because you're paranoid doesn't mean they aren't out to get you.
Sunday, October 7, 2007
GVM (Green Vegetable Matter)
With three months still to go, teams of federal, state, and local law-enforcement officials have already confiscated a mind-bending haul of marijuana plants from indoor and outdoor grows across Washington this year, they say. The remarkable seizure of 242,000 plants—38,000 from one Central Washington garden alone—is altogether about 100,000 more plants than all of last year's record confiscation, says Lt. Rich Wiley of the Washington State Patrol narcotics program, pushing the Evergreen State ever higher on the list of America's top dope-producing regions. Almost 250 suspects were arrested in the past nine months for tending or aiding the operations, most of them outdoor grows east of the Cascades.
MARIJUANA BY THE NUMBERS
Price to set up a full house indoor marijuana grow: $50,000
Pounds of marijuana seized in 2006 in Washington: 9,598
Plants seized at Washington indoor grows, 2003: 23,557
Plants seized at Washington indoor grows, 2006: 32,440
Plants seized in raids at King County indoor grows in 2006: 17,618
Price paid by traffickers for marijuana grown indoors in the Northwest: About $2,200 per pound
Price paid for outdoor-grown marijuana: About $1,800 per pound
Plants seized at Washington indoor grows, 2003: 23,557
Plants seized at Washington indoor grows, 2006: 32,440
Plants seized in raids at King County indoor grows in 2006: 17,618
Price paid by traffickers for marijuana grown indoors in the Northwest: About $2,200 per pound
Price paid for outdoor-grown marijuana: About $1,800 per pound
Potential penalty for getting caught with 1000 plants or more marijuana plants: 10 years
Having a good defense attorney: Priceless!
Sources: Seattle PI, National Drug Intelligence Center, court documents
Thursday, September 27, 2007
Feds: Man reported his lost cocaine
Federal agents thought there was something fishy about Leroy Carr.
On four occasions since last December, Carr either crossed the Canadian border or was found near it with thousands of dollars in cash, according to a complaint filed in U.S. District Court. He also sometimes carried night vision goggles and a GPS device programmed with coordinates for a well-known drug-smuggling trail.
But Carr refused to speak with Immigration and Customs Enforcement agents, and they let him go — until he called to ask if they had seen his cocaine.
According to the complaint, he told agents that on Aug. 3, he had stashed two blue backpacks containing 68 pounds of cocaine by the entrance to a Boy Scout camp near the Canadian border. When he returned the next day, they were gone, he said.
Carr, of suburban Federal Way, asked if ICE could put out a news release saying that federal agents had seized the drugs. That way, according to the complaint, the organization he was working for would believe his statements that he hadn't stolen them.
Two weeks later, a Boy Scout ranger found the backpacks, which were dry and in good shape, and called police.
Carr was arrested last weekend on a federal charge of cocaine possession with intent to distribute. He made his initial appearance in U.S. District Court in Seattle on Monday and is scheduled for a detention hearing Thursday.
Actually this type of situation is neither funny nor uncommon. More times than I can remember individuals have contacted me asking for help in establishing that ICE (formerly Customs), DEA or FBI agents had seized drugs or money from them. You see, occationally government agents make a seizure without making an arrest.
In situations where a seizure has taken place but no arrest occurs there is no court record confirming the seizure. Without proof of a seizure the poor schnook to whom the drugs and/or money was entrusted is on the hook to the person who fronted it to him/her for the value of what was seized. Hence you can understand Mr. Carr's predicament and why, probably in desperation, he went to the unusual step of reporting the loss of the cocaine he was transporting.
Sometimes there is a way to verify that a seizure has actually taken place, other times not. Without verification the person who lost the load is in deeper sh*t than if he was arrested and charged. Except, of course, Mr. Carr, who is likely still on the hook for misplacing the cocaine and in jail because of his damning admissions.
On four occasions since last December, Carr either crossed the Canadian border or was found near it with thousands of dollars in cash, according to a complaint filed in U.S. District Court. He also sometimes carried night vision goggles and a GPS device programmed with coordinates for a well-known drug-smuggling trail.
But Carr refused to speak with Immigration and Customs Enforcement agents, and they let him go — until he called to ask if they had seen his cocaine.
According to the complaint, he told agents that on Aug. 3, he had stashed two blue backpacks containing 68 pounds of cocaine by the entrance to a Boy Scout camp near the Canadian border. When he returned the next day, they were gone, he said.
Carr, of suburban Federal Way, asked if ICE could put out a news release saying that federal agents had seized the drugs. That way, according to the complaint, the organization he was working for would believe his statements that he hadn't stolen them.
Two weeks later, a Boy Scout ranger found the backpacks, which were dry and in good shape, and called police.
Carr was arrested last weekend on a federal charge of cocaine possession with intent to distribute. He made his initial appearance in U.S. District Court in Seattle on Monday and is scheduled for a detention hearing Thursday.
Actually this type of situation is neither funny nor uncommon. More times than I can remember individuals have contacted me asking for help in establishing that ICE (formerly Customs), DEA or FBI agents had seized drugs or money from them. You see, occationally government agents make a seizure without making an arrest.
In situations where a seizure has taken place but no arrest occurs there is no court record confirming the seizure. Without proof of a seizure the poor schnook to whom the drugs and/or money was entrusted is on the hook to the person who fronted it to him/her for the value of what was seized. Hence you can understand Mr. Carr's predicament and why, probably in desperation, he went to the unusual step of reporting the loss of the cocaine he was transporting.
Sometimes there is a way to verify that a seizure has actually taken place, other times not. Without verification the person who lost the load is in deeper sh*t than if he was arrested and charged. Except, of course, Mr. Carr, who is likely still on the hook for misplacing the cocaine and in jail because of his damning admissions.
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