Kerry Kennedy, daughter of late senator Robert F. Kennedy, was acquitted of charges of driving while intoxicated (similar to California’s DUI charges) earlier this morning in a New York courtroom. Jurors spent just over an hour deliberating the facts before delivering their verdict.
Kennedy was found collapsed over the steering wheel of her vehicle after swerving and sideswiping a tractor-trailer on a New York interstate highway back in July, 2012.
If there is one thing that being an Orange County criminal defense attorney has taught me it is that good people do bad things. And all people have reasons for doing what they do. When a loved one has come into contact with the criminal justice system, it is the role of his criminal defense attorney to make the prosecutor and/or judge understand why. Few actions can be accurately summarized by knee-jerk or one-word responses such as “greed,” “anger” or “lust.” Like the fictional Valjean in Victor Hugo’s Les Miserables who stole a loaf of bread for his starving sister, many have motives that most would find sympathetic. It is the criminal defense lawyer’s job to find out what, in particular, was going on in a defendant’s life when an incident occurred.
Was he subject to unusual pressures?
In an earlier post, I detailed an example of a lawyer who got herself into some trouble in an incident involving alcohol, police, and a whole bunch of negative publicity. That fiasco was the result of a series of poor decisions regarding her personal life that unfortunately affected her professional career. But certainly any attorney—or even a judge, for that matter—would never allow a lapse of professional conduct in the courtroom to jeopardize his or her career, right?
Prosecutors, district attorneys, and judges like to be viewed as “tough on crime.” In the case of judges, that’s how many of them get elected to their positions. Although many are objective, fair, and just in their rulings, there are some who secretly challenge the “innocent until proven guilty” paradigm of criminal proceedings. An unfortunate few officials have convinced themselves that anyone who stands before their bench must somehow be guilty; the question is, “how guilty?”
Home confinement is often an attractive alternative to doing jail time, but in some cases, making your ankle bracelet attractive carries its own punishment.
Rebecca Gallanagh was charged with the crime of public disorder for being involved in a fight outside of a local nightclub in the UK. As an alternative to incarceration, she was fitted with an electronic ankle bracelet that monitors her position through GPS satellites. She was ordered to adhere to a strict 9PM curfew in her home that officials could monitor through the signals received by the device.
A Florida man Lazaro Sopena, wanted to help his new wife carry on her Vietnamese surname, and so decided to change his last name to Dinh when they were married in honor of his wife–opposite the usual custom of women adopting their husbands’ surnames.
After their marriage, he presented his marriage license to his local DMV showing that he had a new last name in effort to obtain an updated driver’s license, just as a woman would. The agency granted his request and issued a new license without any complications.
Imagine you’re in court, charged with a crime, telling a judge the facts surrounding your case that show your innocence. Now imagine a police officer taking the stand and contradicting everything you’ve just said. Who is the judge going to believe? Who would a jury believe? Overwhelmingly, in a battle of credibility, a cop is going to win most of the time.
Cops are sworn to serve and protect their communities, right? They dress sharp, they’re well-groomed, wear a shiny badge and appear completely trustworthy. On the witness stand, they are relaxed, confident, and nearly anyone is going to believe what they say.
Being arrested is not only embarrassing, but it can also endanger your employment, licensing, marriage, and reputation. And although you are technically “innocent until proven guilty,” society at large often doesn’t see it that way. Even though they don’t know all of the facts surrounding your case, if you were arrested, you were probably doing something you shouldn’t have been, right?
Not always. Arrests happen all the time, and not always with probable cause. In the case of DUI, field sobriety tests are designed to make you fail, even when sober. In a domestic violence call, an officer will make an arrest for even minor physical contacts, or when one party simply admits that some kind of physical contact occurred during their argument. People can be arrested for an assault and/or battery in self-defense, and mistaken identity occurs a lot more frequently than you would imagine.
A group of Yale researchers recently conducted a jury trial study. They formed a group of 471 “jurors” of various body sizes to read a case surrounding the crime of check fraud while viewing one of four possible images of the “defendant.” Each image depicted a lean female, a lean male, an obese female, and an obese male. The participants in the mock trial were asked to rate the culpability (or guilt) of the defendant on a 5-point scale.
The number of inmates in Orange County jails has increased in recent years, and so has the average length of time that these inmates remain incarcerated. This has resulted in a larger number of inmates requesting medical attention in recent years. The types of medical care authorities must provide to inmates (such as kidney dialysis) are also growing. To counter this trend, sheriff’s officials will begin charging inmates next year a medical “co-pay” of $3 per visit to the nurse.
Officials at the Orange County Sheriff’s Department maintain that the fee is not meant to be a punishment. Their argument is that while some inmates may be truly sick and need to see a nurse, others may take advantage of the medical facilities to meet with friends, exchange information, or simply to get out of their cell for a while.
Who doesn’t remember the Rodney King video? George Holliday, the man who recorded the video from his apartment balcony in 1991, contacted the police station about his video, but was (conveniently?) ignored. He then sent the video to a TV station that aired it in its entirety and the rest is history.
With the advent of smartphones, we can all now record others with just the touch of a button. We can upload our videos directly to Facebook, Twitter, or even YouTube instantly, where the content can quickly spread to thousands, if not millions.
The Orange County Criminal Lawyer Blog