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Criminal Law

bill cosbys conviction overturned
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Why Bill Cosby’s Conviction was Overturned
Why Bill Cosby’s Conviction was Overturned 1400 788 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Why Was Bill Cosby Set Free?

Most of you have probably seen by now that Bill Cosby’s conviction for the sexual assault of Andrea Constand was overturned by the Supreme Court of Pennsylvania. Many people are asking why Bill Cosby was set free. The court’s majority opinion alone spans 79 pages, but we’ve pared it down to its essence. The court’s decision is interesting not just because the court found that Cosby was wrongfully convicted, but also because the court held that Cosby could not even be retried, which is rare to see from an appellate court.

The Decision

The decision stems from a violation of the Fifth Amendment to the United States Constitution. The Fifth Amendment contains several rights, including one that prohibits the government (including the courts) from forcing you to make statements that may incriminate yourself. When District Attorney Bruce Castor first investigated Constand’s allegations of sexual assault against Cosby in 2005, he determined that he would probably not be able to prove that Cosby was guilty beyond a reasonable doubt as required to convict him. But Constand could still sue Cosby in civil court for the sexual assault, so the D.A. made a compromise: his office issued a press release stating that it would never prosecute Cosby in criminal court. Now, because there was no longer the threat of a criminal case against Cosby, he could not invoke the Fifth Amendment in his civil case. Cosby was then forced to testify in the civil case and made incriminating statements, including that he had given Quaaludes to other women he wanted to sleep with, and the case ultimately settled with Constand winning over $3 million.

Things changed when a new District Attorney took over. She felt that she was not bound by the first D.A.’s decision and decided to reopen the criminal case against Cosby in 2015. With the help of the incriminating statements Cosby had made in the civil case a decade earlier, Cosby was successfully convicted of aggravated indecent assault.

Which leads us to the state supreme court’s decision overturning the conviction. Because Cosby was compelled to testify and made incriminating statements in the civil case due to the prior D.A.’s announcement that his office would never prosecute Cosby, the D.A.’s office was bound to honor that promise so that Cosby’s Fifth Amendment rights weren’t thwarted.

Cosby’s Case a ‘Special One’

What is unusual is how the court decided to correct the violation. Ordinarily in a criminal case, if a defendant’s rights are violated in the trial court, then the appellate court will order a new trial and prohibit the prosecutor from using any evidence that came from the violation—here, that would mean preventing the D.A.’s office from using Cosby’s incriminating statements from the civil case. But the court concluded that this was a special case where simply excluding Cosby’s statements would not completely correct the violation. First, Cosby was not allowed to defend himself by invoking the Fifth Amendment in the civil case, and he was required to pay millions to Constand—having a new criminal trial without the incriminating statements would not fix that. Second, Cosby and the prior D.A. had essentially reached an agreement that Cosby would not be prosecuted at all if he testified in the civil case, so another trial would result in Cosby being forced to uphold his end of the bargain while not requiring the same thing from the prosecutor. Therefore, the court concluded that the only fair decision was to enforce the promise of the D.A.’s office to never prosecute Cosby, and the court ordered that he be set free.

Does this mean that the court found that Bill Cosby is innocent?

No, the ruling just means that Cosby must be released and could not be put on trial for the crime.

How to Start, Draft, and File a Petition for a Writ of Certiorari - Leppard Law
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How to Start, Draft, and File a Petition for a Writ of Certiorari
How to Start, Draft, and File a Petition for a Writ of Certiorari 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

HOW TO BEGIN

If you want to appeal, you will have 30 days after the Hearing Officer’s final order is issued to file a certiorari petition. Fla. R. App. P. 9.100(c), 9.190(b)(3). This deadline is jurisdictional and heavily enforced.

The deadline applies even if the Department is late in giving you the final order or other documents you would need to complete the petition. In that case, you still need to file the petition within the 30-day deadline, even if only a barebones one, and you can ask for leave to amend the petition and appendix in the near future (which should be granted with little trouble).

Once you know you’re appealing, you need to gather the following:

The Hearing Officer’s final order.

The audio recording of the hearing. (Contact the Hearing Officer for the recording. If the hearing was held on multiple days, get the recordings for each day).

Any documents presented at the hearing. (Hopefully you already have these in the form of the Department’s discovery, along with any evidence you may have introduced for your client.)

If you can’t get everything for some reason, you may exclude it from the appendix if it isn’t relevant (except for the final order), as the appellate rules only require you to include what is necessary to resolve the issues presented. See Fla. R. App. P. 9.220. For example, we usually don’t include the client’s driving record because the Department doesn’t provide it to us and it’s irrelevant—but if it becomes relevant, then of course you should obtain and include it.

This next step is important: Get the hearing audio officially transcribed as soon as possible. The transcript is usually essential, and it can take as long as a couple weeks to be completed, and then you have to incorporate it into the petition—all before the 30-day deadline. For transcription, we generally use Marge Raeder Court Reporting at margeraedercourtreporting@gmail.com.

PREPARING THE APPENDIX

The appendix is required and governed by Florida Rule of Appellate Procedure 9.220. You will file the appendix with the certiorari petition. Do the following to create an appendix that complies with the rule:

Make an appendix cover, which includes a caption (court heading), an index of the appendix’s contents, and a certificate of service. This cover will be the beginning of the appendix itself.

Compile the Hearing Officer’s final order, the documents introduced at the hearing, the hearing transcript, and any other documents you choose to include into a single PDF. The documents must be arranged in accordance with how your index orders them. Also, make sure that every page is 11 x 8.5 inches, or the eFiling Portal won’t accept it.

Insert the appendix cover at the beginning of the PDF. Then have the pages numbered. Make sure that “the page numbers displayed by the PDF reader exactly match the pagination of the index,” as Rule 9.220(c)(2) puts it.

Note that you may choose to start drafting the petition before the appendix is completed (owing to the strict deadline), but you won’t be able to finalize the petition until the appendix is completed because your factual and procedural assertions must cite the appendix and be accurate.

WRITING THE PETITION

Petitions invoking the original jurisdiction of appellate courts (including certiorari petitions) are technically different from appeals and are governed by different rules. Florida Rules of Appellate Procedure 9.100(g) and (l) govern these petitions. Here are their requirements:

Both the main text and the footnotes of the petition must be in either Arial 14-point font or Bookman Old Style 14-point font.

The text (except for the headings) must be double-spaced.

The petition must include a caption (court heading) and describe 1) the basis for the court’s jurisdiction, 2) a statement of facts, 3) the nature of the relief sought, and 4) supporting argument and legal citations. While not technically required, you should also include a table of contents, a table of citations, and perhaps a summary of argument as in regular appellate briefs. See Fla. R. App. P. 9.210.

You now have to choose which court you’re filing the petition in (considering it will be reflected in the caption and jurisdictional statement). The petition can be heard by the circuit court in either the county wherein the client resides or the county where the hearing was held. § 322.2615(13), Fla. Stat. E.g., if the client was stopped and arrested in Lake County, the client lives in Polk County, and the hearing was held in Orange County, you must file in either Polk or Orange County.

Once you’ve written everything except for the table of contents and table of citations, you will need to place a certificate of compliance immediately after the certificate of service. Florida Rule of Appellate Procedure 9.100(l) requires this certificate, which must certify that the petition complies with the font requirements of the rule by being double-spaced and in Arial 14-point font or Bookman Old Style 14-point font. Once this certificate is included and you’re done revising the petition, you’re ready to finalize the table of contents and table of citations.

Here are some last things to note while writing the petition:

You are technically not making an appeal, but filing a petition to invoke the original jurisdiction of the court to issue a writ of certiorari.

The client was not the “defendant” at the hearing, but the “licensee” or the “driver” (choose one and stick with it).

Since this is a petition and not an appeal, your client and the Department are not the “appellant” and the “appellee”; instead, they are the “petitioner” and the “respondent.”

HOW TO FILE THE PETITION (WITH PICTURES)

These are the instructions for filing in Orange County, but it could differ in other counties.
In the eFiling portal, navigate to the E-Filing Map and click “Case Initiation,” select the county you’re filing in, and click on “File Now.”

You should now be on the “Case Information” tab with some drop-downs to fill out:

How to Do Writs - Step 1 Example

For Division, select “Circuit Civil”

For Case Type, select “Specialized Other”

For Sub Type, select “Certiorari”

Don’t select anything for Total Number of Defendants or Summons to be issued

For Proceeding Type of Case, select “Circuit Civil – Not Applicable”

For Complex Business Indicator, select “No”

For Remedies Sought, check “Non-monetary, declaratory or injunctive relief”

For Number of Causes of Action, Enter “1”

For Class Action, select “No”

For Related Cases Filed, usually select “No” (unless you’re trying to consolidate the petition with others)

For Jury Trial Demanded, select “No”

Now proceed to the Case Parties tab:

How to Do Writs - Step 2

When adding your client as a party, select “Plaintiff” for the Role and mark off both checkboxes for Primary Party and Filed On Behalf of, then enter the client’s information.

When adding the Department as a party, select “Defendant” for the Role and mark off only the checkbox for Primary Party, then enter the Department’s information: Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, Tallahassee, FL 32399.

Proceed to the “Documents” tab, and you’ll see that a civil cover sheet has been autogenerated for you. This is where you submit the petition and appendix (and other documents if applicable, such as a motion to consolidate or a motion for attorney’s fees and costs).

Proceed to the “ServiceList” tab. Serve the Department at Office of General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, Tallahassee, FL 32399, at OGCFiling@flhsmv.gov.

After that, you just have to pay the $400 filing fee, review your submissions, and file.

WHAT HAPPENS ONCE THE INITIAL PETITION IS FILED

Unlike with regular appeals, filing a petition will not automatically set a briefing schedule. Instead, you must wait until the court determines whether the petition presents a “preliminary basis for relief”; if it does, the court will then issue an order to show cause, directing the Department to file a response and allowing you to file a reply. See Fla. R. App. P. 9.100(h).

The court will generally require the response to be filed within 30 days of the order to show cause and the reply to be filed within 30 days after the response is filed. Note that the petition, response, and reply correspond with the initial brief, answer brief, and reply brief in regular appeals.

Finally, you should file a request for oral argument to get the full attention of the court. The deadline to file such a request is 15 days after the deadline to file the reply. Fla. R. App. P. 9.320(b).

Important: The request for oral argument must be filed as a separate document. Fla. R. App. P. 9.320. If you try to request oral argument in your petition or reply, the request may be disregarded as invalid.

Criminal Process Chart
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Criminal Process Chart (Free Download)
Criminal Process Chart (Free Download) 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Here are the various processes involved in a criminal case, including the steps, whether or not to move forward with a motion to suppress, as well as what to expect at your plea hearing and your trial. Want to download a free copy of the official Criminal Process Chart PDF from Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC? No problem — click here!

Table of Contents

• Steps in a Florida Criminal Case

• Should I Move Forward with a Motion to Suppress?

• The Motion to Suppress Hearing

• What To Expect at Your Plea Hearing

• Trial

Steps In A Florida Criminal Case

ARREST / NOTICE TO APPEAR

This marks the beginning of your criminal case. If an officer has probable cause to believe you have committed a crime, he can make an arrest and file the case with the Clerk of Court.

Sometimes an officer may give you a Notice to Appear in lieu of an arrest, which informs you that you are being charged with a crime and sets a court date.

Arraignment (Usually Waived)

At arraignment, your charges are formally read to you and you must enter a plea of guilty, not guilty, or no contest. We will usually waive arraignment and simply file a written plea of not guilty.

This means that your arraignment is cancelled and you don’t need to attend.

DISCOVERY

At the beginning of your case we will file a notice of appearance and demand for discovery (evidence known to the prosecutor), which the prosecutor is required by law to disclose. The prosecutor must also disclose any evidence that could help establish your innocence.

It can take up to several months to receive all the discovery from the prosecutor and often times extends over several pretrial conferences.

PRETRIAL CONFERENCES

Between the beginning of the case and its resolution are pretrial conferences, where your attorney, the prosecutor, and the judge will discuss your case status.

MOTIONS

As the case progresses, we will file motions to prepare your case and sometimes pressure the prosecutor to drop your case. A motion simply asks the judge to make a decision or take a certain action on your case.

Here are some examples of motions:

  • A motion to suppress will try to get evidence thrown out if it is the product of an illegal search, seizure, or confession.
  • A motion to dismiss tries to get the case dropped because you cannot be prosecuted: e.g., the prosecutor does not have enough evidence to prove you committed a crime, you were granted immunity, or double jeopardy applies.
  • A motion to compel asks the judge to order the prosecutor to turn over any outstanding discovery.

PLEA DEAL

There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.

TRIAL

As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.

PLEA DEAL

There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.

OR…

TRIAL

As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.

Should I Move forward with a Motion to Suppress?

RISKS & REWARDS TO CONSIDER

If the motion to suppress is granted, you can have your entire case dismissed or receive a better plea offer. Even if all of the prosecutor’s evidence isn’t thrown out, the prosecutor may offer a better plea deal after the motion is heard. But it cuts both ways: If the court denies the motion, the prosecutor could also revoke the plea offer or add more sanctions.

The Motion to Suppress Hearing

WHAT YOU NEED TO KNOW

The point of the motion to suppress is to throw out any evidence that was obtained as a result of a violation of your constitutional rights. At the hearing, we and the prosecutor will present evidence and argue whether the officers violated your rights. The judge will then issue an order throwing out all, some, or none of the evidence.

WHAT IS THE HEARING ABOUT?

A motion to suppress tries to have evidence thrown out that police obtained in violation of your constitutional rights. For example, the motion may challenge evidence or statements you made that are the product of an illegal traffic stop or illegal questioning.

The point of a hearing on a motion to suppress is not to see whether you are guilty, but to determine whether the police violated your constitutional rights—the focus is on what the officers did, not what you did. The judge will then decide whether the prosecutor will be allowed to show the evidence to the jury.

EVIDENCE IS PRESENTED

At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.

ARGUMENT

Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.

RULING

The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.

The ultimate ruling can take one of several different forms:

  • The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
  • If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
  • The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.

EVIDENCE IS PRESENTED

At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.

ARGUMENT

Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.

RULING

The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.

The ultimate ruling can take one of several different forms:

  • The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
  • If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
  • The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.

What To Expect At Your Plea Hearing

BEFORE THE PLEA

  • When you show up to court for your plea hearing, be sure to dress nicely to make a good impression on the judge.
  • Once we’re in court, we usually have to wait in line while the judge goes through a list of cases.
  • Once your case is called up, you and your attorney will walk up and tell the judge that you are pleaing and what the agreed-upon conditions are.

THE PLEA HEARING

The judge will then ask a series of questions to make sure you understand the consequences of your plea. You can see a list of questions the judge may ask in the next section below.

QUESTIONS THE JUDGE MAY ASK

  • Do you understand the minimum and maximum penalties of your charges?
  • Has anyone forced you or promised you anything (other than the plea offer) to get you to enter this plea?
  • Are you under the influence of alcohol, drugs, or medication?
  • Are you satisfied with your representation by your lawyer?
  • Do you understand that you are giving up certain rights by entering this plea, including the right to remain silent, the right to confront your accusers, the right to present witnesses on your behalf, and the right to a trial by a jury of your peers?

You don’t have to worry about the judge asking questions about the case, as that almost never happens. The judge is more concerned with making sure you understand what you are pleaing to.

AFTER THE PLEA

Once the judge accepts your plea, we will wait for paperwork. If you are put on probation, you will have to take your paperwork to the probation office to check in, which usually must be done on the same day as the plea. We will go over this and any other consequences of your plea in detail after the plea hearing.

Trial

JURY SELECTION

The first step of trial is choosing who will serve on the jury. During jury selection, we question potential jurors and try to remove jurors who would be bad for your case.

OPENING STATEMENTS

Trial will begin once your jury is selected, starting with opening statements. This gives us a chance to explain to the jury what we think the evidence will show.

RULING

Once opening statements are completed, the prosecutor will be the first to present evidence by questioning witnesses and showing pictures or videos that were taken in your case.

DEFENSE CASE-IN-CHIEF

Once the prosecutor has finished presenting evidence, we can present evidence for your side. This isn’t required, and sometimes it’s beneficial not to put on a case—for example, when the prosecutor’s evidence fails to prove that you are guilty.

MOTIONS

Once each side’s evidence is presented, we can make certain motions to the judge, which asks the judge to take a certain action on the case. We will typically make a motion for a judgment of acquittal, which argues that even if the jury believes all of the prosecutor’s evidence, it still doesn’t prove that you committed the charged crimes. We might also make a motion for mistrial if you didn’t get a fair trial.

CLOSING ARGUMENT

If the judge decides to send the case to the jury, each side will make closing arguments. This allows us and the prosecutor to summarize the evidence and argue whether it proves that you are guilty.

VERDICT

The judge will then tell the jury the process for reaching a verdict, and the jury will finally be sent to a separate room to deliberate and decide whether the State has proved that you committed the charged crime.

Download A Free Copy

Want a digital copy of our Criminal Process Chart? Click below to download everything as a PDF.

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Don’t Drive While Intexticated
Don’t Drive While Intexticated 1500 1000 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Everyone knows that texting and driving is extremely dangerous. The Center for Disease Control and Prevention reports that, “each day in the United States more than 9 people are killed and more than 1,000 people are injured in crashes that are reported to involve a distracted driver.” If you find yourself the victim of an injury caused by a driver on the road, distracted or otherwise, you may wish to seek legal action against them. Nevertheless, some of us just can’t resist the urge to send that important text while on the road. Even if you have the newest car because of a great loan quote you discovered through Money Expert to get a car with a ton of safety features it won’t save your life. But it might be time to reconsider. Texting and driving not only forces you to take your eyes off the road, but also causes you to remove your hands from the wheel.

Source: http://www.dailymail.co.uk/news/article-2652015/Texting-driving-slows-reaction-times-drink-drugs.html

This is where commitment devices come in. Commitment devices are techniques that make it easier for us to kick unwanted habits and commit to those habits we need to make stronger. For example, say my mom is allergic to peanuts, but she loves peanut butter and jelly sandwiches. I suggest, why not just have a jelly sandwich, only to receive the reply, “What’s a PB&J without peanut butter?” A strong retort indeed; however, this behavior can be easier to eliminate with the help of a commitment device. In this scenario, that might involve making my dad hide the peanut butter so my mother won’t be tempted to eat it.

So how does a commitment device apply to texting and driving? Well, there are a ton of apps out there that can help keep you from texting and driving by preventing you from turning on a text app when your car is in motion. Some apps lock your phone; others will put your phone on silent mode. In any case, using these “commitment apps” can help you stay focused on the road and avoid being distracted. You can find a few of these apps posted below. Remember, it might take just a second to check a text, but in the same amount of time a life can be lost or devastated.

iOS apps:

Android apps:

Best DUI Attorney Orlando
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PRESS RELEASE: Joel Leppard Tops List as #1 Best DUI Attorney in Orlando, #2 DUI Lawyer in Florida by National DUI Attorney Consumer Ranking Service
PRESS RELEASE: Joel Leppard Tops List as #1 Best DUI Attorney in Orlando, #2 DUI Lawyer in Florida by National DUI Attorney Consumer Ranking Service 1920 1080 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

This month, Orlando DUI attorney Joel Leppard was selected as the #1 Top Best DUI attorney in Orlando by Best-DWI-Attorneys.net, a national DUI attorney ranking service. Best-DWI-Attorneys.net also selected Joel Leppard as the second best DUI attorney in the entire State of Florida in 2016. Joel Leppard is the founder of Leppard Law, a Central Florida law firm dedicated to providing each case the time, attention and skillful representation that it needs.

The national DUI attorney locator service “is dedicated to providing a comprehensive list of DWI/DUI attorneys to best fit the needs of each case.” In choosing Joel Leppard as the Best Orlando DUI attorney, the attorney ranking service “searches for lawyers who are experienced at handling DWI and DUI cases“ and look for “attorneys who teach DWI and DUI law, who are actively studying breath analyzers for the flaws they have present in them even today, and/or for those who serve on boards or are members of organizations who specialize in DWI defense.”

Unlike many professional awards, Best-DWI-Attorneys.net did not solicit membership or marketing fees from Joel Leppard when naming him the top DUI lawyer in Orlando, relying instead on its own selection criteria. “Best DWI Attorney’s approach to providing impartial, and unrecompensed information is an extremely effective way for consumers to access unbiased information when selecting a Orlando DUI attorney,” says Joel Leppard. “I am humbled to receive this recognition and only serves to motivate me to work even harder for my clients.”Best Orlando DUI attorney

Michael Kennedy, an attorney associated with Leppard Law, says the award is “well-deserved” and believes that Joel Leppard “is an outstanding Orlando DUI attorney who goes above and beyond to ensure his clients get the representation they deserve.”

Joel Leppard’s best Orlando drunk driving lawyer ranking also comes on the heels of recent awards by other well-known national lawyer rating services. The law firm recently named to Expertise.com’s “2016 Best Criminal Defense Lawyers in Orlando.” Currently, Leppard Law also tops Yelp’s 2017 list of Best Orlando DUI lawyers.

AvvoJoel Leppard Avvo Clients Choice Award 2016 in Criminal Defense, a national attorney rating service, which awarded attorney Leppard with the “Client’s Choice” award for Criminal Defense in both 2015 and 2016. Orlando attorney Joel Leppard received this prestigious accolade based on the number, quality and breadth of client testimonials associated with his profile. This prestigious award is presented to attorneys who receive five star ratings from their clients on Avvo.com, the world’s largest online attorney rating and review service. Avvo also rates Mr. Leppard as a “Superb” attorney, with a perfect 10.0 out of 10.0 rating scale.

In 2015, Central Florida criminal defense attorney Joel Leppard was selected to be a member of the prestigious National College of DUI Defense and has defended thousands of Central Florida residents who were accused of crimes. He is also the author of the Florida DUI defense manual entitled “The Florida Consumer Guide to DUI Defense.”

Joel takes pride in treating every client’s legal problems as if they were his own. As of the writing of this article, he has all five star reviews on Facebook, Thumbtack, Google and Yelp. With a “Superb” Avvo rating and a passion for helping those with legal problems, Joel is grateful and honored to serve so many worthy and incredible clients. He looks forward to continuing to do so for the remainder of 2016.

More information about Joel Leppard and Leppard Law can be found at their website at LeppardLaw.com. Leppard Law is also on Facebook and Twitter. The firm is conveniently located in downtown Orlando at 638 Broadway Ave., Orlando, FL 32803 and called or texted at 407-476-4111.

If you have been injured in an accident, contact an experienced Orlando accident attorney by calling or texting (407) 815-3000.

Contact Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC

Contact the Orlando criminal defense attorneys at Leppard Law if you are charged with assault or battery and need a skilled lawyer to help your case. Your initial consultation is always free and Leppard Law is available to take your call at any hour of the day.

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Why Civil Rights Are Important
Why Civil Rights Are Important 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

The US Supreme Court heard oral arguments in Foster v. Chatman, a death penalty case where prosecutors excluded every African-American from the jury pool based upon bogus pretexts. The prosecutors even circled the race of the African-American jurors and highlighted the African-Americans as “definite NOs.”  The prosecution excluded one African-American woman because her age was so close to the defendant but she was 15 years younger and the prosecutors included 8 white jurors whose age was close to the defendant. There are many more examples like that, you can read more about Justice Sotomayor and the jury selection bias case here.

In Florida, a 2000-2010 study of juries in Sarasota and Lake Counties found that 1) juries formed from all-white jury pools are 16 percentage points (or 22.7% more likely)  to convict black defendants than white defendants, and 2) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.   See “The Impact of Jury Race in Criminal Trials” for more information.

Along the same vein, in the New Jim Crow Chapter 5, Michelle Alexander argues that the mass disfranchisement of largely minority felons is akin to the poll taxes, literacy tests and other forms of racially motivated voter suppression utilized after the Civil War.  If you haven’t read this book yet, it’s an eye opening read. (Amazon link here.)

I think a big takeaway from these example is how important it is to get disenfranchised Persons of Color back in the jury pools.  However, here in Florida we have moved in the opposite direction in the past five years.  In 2010, Gov. Rick Scott reimposed the lifelong denial of civil rights to convicted felons, unless pardoned by the Governor himself.  Florida law is unique, insofar as the convicted felon must be pardoned by the Governor and a majority of the publicly elected State Cabinet in order to restore one’s civil rights after being convicted of a felony (and pretty much everything is a felony these days). It’s so bad that the UN is convening a panel to determine if the U.S. is violating international civil rights standards set forth in the International Covenant on Civil and Political Rights (ICCPR).  If you are interested in helping, the ACLU is working toward reinstating automatic restoration of civil rights and you can sign their petition in support of voting rights here (*link no longer available as of January 12th, 2021).

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Florida’s Harsh 10-20-Life Law on the Road to Reform
Florida’s Harsh 10-20-Life Law on the Road to Reform 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

10-20-life

Florida’s harsh 10-20-Life mandatory minimum sentencing law is on a long road to reform, but small steps are being taken to give judges more authority in certain cases.

The 10-20-Life law strictly punishes anyone who is in possession of or actually uses a firearm while committing a crime by imposing a mandatory minimum sentence of 10 years, 20 years, or 25 years to life depending on the nature of the crime. For example, if a person simply pulled out a weapon while committing a crime, he or she would have to serve 10 years in jail regardless of the circumstances.

One example of why the 10-20-Life law is too harsh is the August 2010 case involving Marissa Alexander. Alexander shot what she called a warning shot near her ex-husband, who was physically abusive towards her and sent her threatening text messages. The shot did not hurt her ex-husband, yet Alexander was arrested and charged with aggravated assault with a firearm. Under the 10-20-Life law, she was sentenced to 20 years in prison despite having no criminal past. Fortunately, after serving just 3 years in prison, Alexander was released due to a faulty jury instruction in her case.

Although things ended well for Alexander, this is not the typical outcome in most cases. That is why the proposal of a new bill (HB 135) by Florida legislators is a great step in the right direction.  The bill, called the Self-Defense Protection Act, makes exceptions to certain mandatory minimum sentences if the defendant had a justifiable reason to use a firearm.

The bill will not eliminate the entire problem, of course. Some defendants will still be harshly punished under the 10-20-Life law because judges cannot change the sentence to match circumstances, but at least progress is being made and judges will be able to act fairly in the cases in which it applies.

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Supreme Court Case Could Result in Change in Florida’s Death-Penalty Laws
Supreme Court Case Could Result in Change in Florida’s Death-Penalty Laws 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Florida, Delaware and Alabama are the only states that do not require a unanimous jury decision when sentencing someone to death.  A U.S. Supreme Court case with a ruling expected in 2016, however, could change Florida’s death penalty procedure.

Timothy Hurst, a man currently on Death Row for murder, is appealing his death sentence. Jurors in his case recommended death by a 7-5 vote, but Hurst’s attorneys argue that allowing this sentence without a unanimous jury is a violation of Hurst’s Sixth Amendment rights.

The sentencing of hundreds of other people on Florida’s Death Row could be impacted if the Supreme Court rules in favor of Hurst. Former Jacksonville State Attorney Harry Shorstein said the impact of the issue could be avoided if it is fixed legislatively instead of in court.

Legislation that would change the law to require a unanimous jury recommendation of death has already been introduced into the Florida House and Senate, however. The issue with both bills is that they have been sponsored by Democrats, and the majority of people in the Florida House and Senate are Republican.

Rep. Rob Bradley, who is on the Senate Criminal Justice Committee, does not believe legislation regarding the death penalty is likely to pass during the 2016 legislative session. He voted for a similar bill in 2015, but the legislation went nowhere in the House.

Bradley personally believes that the Supreme Court will deem Florida’s sentencing procedures unconstitutional in the Hurst case, which makes it more likely that the issue will be dealt with in the 2017 regular session.

For more information, please read: http://jacksonville.com/news/crime/2015-10-11/story/former-jacksonville-state-attorney-joins-others-calling-change-florida.

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How to Handle Your No Contact Order and Your Domestic Violence Charge
How to Handle Your No Contact Order and Your Domestic Violence Charge 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

 When there is a no contact order placed against you, it is an extremely difficult time. Here are some frequently asked questions and helpful answers for you. If you are ever unsure about anything, contact your attorney and ask for his/her advice.

There is a no contact order in place against me, what does that mean?

A “no contact order” means you are prohibited from having any contact with the alleged victim, directly, indirectly. You cannot see or visit the alleged victim, you cannot call, you cannot write or e-mail the alleged victim. You cannot drive by their residence. Contact through a third party can also be a violation of the court’s order. Even if you attend the same church, temple, mosque, school, or other function that the alleged victim is attending, you should not go to that event. No contact means no contact.

What happens if I violate the order?

You will be arrested and have a higher bond set, or possibly have no bond. You may also have additional charges brought against you for violation of a domestic Violence order or injunction.

How will anybody know if I violate the order?

There are many ways the court can determine if you have violated a no contact order. Eyewitness testimony, phone records, social media and voice mail can provide evidence that you have violated an order. Letters and e-mails can also be shown as evidence. The burden of proof can be considered relatively low.

What if the alleged victim doesn’t want to press charges?

The State of Florida makes a decision to proceed with the charges or not. The alleged victim can contact the State Attorney’s or an attorney to file a Declination of Prosecution, which is the first step in resolving the case in your favor. The order will still be in place and will not be removed until the case is over or the court modifies it. Any modification of this condition requires a motion before the court and must be filed by your attorney.

Will I violate the no contact order if the alleged victim invites or initiates contact?

Yes. If the order states that there is to be no contact and you communicate back with the alleged victim, you will be in violation of that order.

Will I violate the order if we continue to live together?

Yes. If the order states that you must maintain separate residences or must not have contact with the alleged victim, then you are in violation of the order if you continue to live together.  Even if the alleged victim invites you to come home, you will violate the order. Only the judge can change or dismiss an order.

What if I own the house where we both live? Do I have to move out of my own house?

Not necessarily. If you own the house or lease (meaning that your name is the only name on the deed or lease), you will need to ask your attorney to have the conditions of your release modified so you may safely and legally get the alleged victim out of your home or pick up your belongings. Make sure you ask your attorney or the judge for this special condition, but if you do not own the house or lease, you must not ask to have the alleged victim removed.

Is there a violation of the order if I am required to vacate the residence, but I move in with the alleged victim at another address?

Yes. You must not move in with him or her at another address.

What if the alleged victim continues to come and see me at my place of business or new home?

Politely refuse to see or speak with the alleged victim and immediately contact your attorney. Go to a separate room or part of the building and shut the door. Have a co-worker or friend politely tell the alleged victim that there is an order in place, that you can have no contact with the alleged victim, and to please leave the premises. You can also file a petition to have an injunction against the alleged victim. You can call the Domestic Relations Division of the Orange County Clerk’s Office at (407) 836-2054 to get more information on filing an injunction.

What if I want to see my children and the alleged victim is the one living with them?

You must go through the court system to get visitation of your children when there is a no contact order in place.

How can we get the order removed?

Once the case is resolved, all conditions of your release are no longer enforceable. You may request your attorney to file a motion with the court to modify the no contact order.

What if the court has ordered no-hostile contact?

No-hostile contact means you can see or visit the alleged victim, you can call, you can write or e-mail the alleged victim. You may also share the same residence. You cannot have any contact with the alleged victim that rises to the level of violence or hostile behavior. The alleged victim will largely get to decide what is and is not hostile contact.

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Definitions of Commonly Used Terms in Criminal Law
Definitions of Commonly Used Terms in Criminal Law 150 150 Leppard Law - Top Rated Orlando DUI Lawyers & DUI Attorneys in Orlando

Acquittal – A release, absolution, or discharge of an obligation or liability. Commonly in criminal law, this can happen when a jury finds a defendant not guilty of a criminal charge.
Adjudication – Giving or pronouncing a judgment or decree; the judgment given. This term is common used when a judge finds and adjudicates a defendant “Guilty.”
Adjudication Withheld – A court decision at any point after filing charges to continue court jurisdiction but stop short of conviction. The court will not reopen unless the person violates a condition of behavior.
Affidavit – A written declaration of facts, confirmed by oath of the party making it before a person with authority to administer the oath.
Affirmed – In the practice of appellate courts, the word means that the decision of the trial court is upheld.
Appeal – A proceeding brought to a higher court to review a lower court decision.
Arraignment – The hearing at which the accused is brought before the court to plead to the criminal charge in the indictment, affidavit, or citation. He/She may plead “guilty,” “not guilty,” or where permitted “nolo contendere.” (See Preliminary Hearing.)
Bond – A written agreement by which a person insures he/she will pay a certain sum of money if he does not perform certain duties properly. (See Cash Bond and Surety Bond.)
Capital crime – A crime punishable by death.
Cash Bond – A written agreement in which a defendant, or another person on the defendant’s behalf, ensures he/she will perform duties as outlined by the Court while awaiting trial by depositing bail money (cash) with an authorized official equal to the bail bond set by the Court.
Citation – A writ or order issued by a court or law enforcement agency commanding the person named therein to appear at the time and place named; the written reference to legal authorities, precedents, reported cases, etc., in briefs or other legal documents.
Concurrent sentences – Sentences for more than one crime that are to be served at the same time, rather than one after the other.
Consecutive sentences – Successive sentences, one beginning at the expiration of another, imposed against a person convicted of two or more violations.
Conviction – A judgment of guilt against a criminal defendant.
Court Appointed Counsel – Government lawyer who provides legal defense services to a person accused of a crime who cannot afford a private attorney. The defendant must be declared indigent and is responsible for paying an application fee and any reduced legal fees assessed by the Court. See also Public Defender.
Defendant – The person charged with a crime in a criminal prosecution.
Extradition – The surrender of an accused criminal by one state to the jurisdiction of another.
Felony – A serious criminal offense. Under Florida law, it is any offense punishable by
imprisonment for a term exceeding one year or death.
Grand Jury – A jury of inquiry whose duty it is to receive complaints and accusations in criminal matters and if appropriate issue a formal indictment.
Hearing Officer – (also known as a Magistrate) Judicial officer exercising some of the functions
of a judge.
Judgment – The official and authentic decision of a court of justice upon the rights and claims of parties to an action or suit submitted to the court for determination.
Jurisdiction – The power or authority of a court to hear and try a case; the geographic area in which a court has power or the types of cases it has power to hear.
Jury – A certain number of citizens selected according to law and sworn to try a question of fact or indict a person for a public offense.
Lien – An official claim against property for payment of a debt or an amount owed for services rendered.
Magistrate – (also known as a hearing officer) Judicial officer exercising some of the functions of a judge.
Misdemeanor – A criminal offense lesser than a felony and generally punishable by fine or by imprisonment other than in a penitentiary. Includes criminal traffic violations.
Motion – A request made to a court or judge which requests a ruling or order in favor of the applicant.
No True Bill – This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict.
No Bill or Notice of No Information – Issued by the State Attorney when the charges against a defendant are dropped prior to formal charges being filed by the State.
Nolo Contendere (No Contest) – A plea made by a defendant to a criminal charge, meaning he/she will not contest the charge, allowing the judge to find him/her guilty. This is also known as a “plea of no contest.”
Nolle Prosequi – This Latin phrase means that the prosecution or State Attorney will no longer prosecute the criminal case. In some circumstances, the case can be again be brought up for prosecution.
Non-jury trial – Trial before the court but without a jury; also known as a “bench trial” –which is a reference to a judge’s “bench.”
Opinion – A judge’s written explanation of a decision of the court or of a majority of judges.
Order – A mandate, command, or direction authoritatively given. Direction of a court or judge
made in writing.
Ordinance – A rule established by authority; may be a municipal statute of a city council or a county statute of a county commission, regulating such matters as zoning, building, safety, matters of municipality, etc. An ordinance violation can be criminal or non-criminal. A violation could be punishable by a court appearance, a fine, and possibly by confinement in a county jail.
Plea – The written or verbal response by an accused defendant to each charge of the commission of a crime. The defendant’s answer to the charges made in the indictment or information.
Preliminary hearing – (also preliminary examination) A hearing by a judge to determine whether a person charged with a crime should be held for trial. (See Arraignment.)
Pretrial Conference – Conference among the opposing attorneys and the judge called at the discretion of the court to narrow the issues to be tried and to make a final effort to settle the case without a trial.
Pretrial Diversion – The process of removing some minor criminal, traffic, or juvenile cases from the full judicial process, on the condition that the accused undergo some sort of drug rehabilitation or make restitution for damages.
Probable cause – A reasonable belief that a crime has or is being committed; the typical basis for lawful searches, seizures, and arrests.
Probation – An alternative to imprisonment allowing a person found guilty of an offense to stay in the community, usually under conditions and under the supervision of a probation officer. A violation of probation can lead to its revocation and to imprisonment.
Prosecutor – A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. They are also known as a State Attorney.
Public Defender – Government lawyer who provides legal defense services to a person accused of a crime who cannot afford a private attorney. The defendant must be declared indigent and is responsible for paying an application fee and any reduced legal fees assessed by the Court.
Recuse – The process by which a judge is disqualified from hearing a case, on his or her own motion or upon the objection of either party.
Regional Counsel – (also known as the Criminal Conflict and Civil Regional Counsel)
Government lawyer who provides legal defense services to a person accused of a crime who cannot afford a private attorney. The defendant must be declared indigent and is responsible for paying an application fee and any reduced legal fees assessed by the Court.
Released on own recognizance – (also known as ROR) Release of a person from custody without the payment of any bail or posting of bond, upon the promise to return to court.
Remand – To send a dispute back to the court where it was originally heard. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court’s ruling.
Restitution – Returning to the proper owner property or the monetary value of loss.
Reverse – An action of a higher court in setting aside or revoking a lower court decision.
Revoke – To cancel or nullify a legal document.
Sentence – The punishment ordered by a court for a defendant convicted of a crime.
Stay – A court order halting a judicial proceeding.
Subpoena – A command to appear at a certain time and place to give sworn testimony upon a certain matter.
Subpoena Duces Tecum – A court order commanding a witness to bring certain documents or records to court.
Summons – A document commonly used to commence a civil action or special proceeding; the means of acquiring jurisdiction over a party.
Surety Bond – A written guaranty which is purchased from a bonding company (bail bondsman) by the defendant or on his/her behalf, to guarantee some form of performance, including showing up in court.
Trial – A judicial examination of issues between parties to an action. The issues could be
presented solely to the judge for a ruling or also to a jury of the defendant’s peers. (See Jury.)
Vacate – To set aside.
Verdict – A conclusion, as to fact or law, which forms the basis for the court’s judgment.
Warrant – Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An application seeking a warrant must be accompanied by an affidavit which establishes probable cause by detailing the facts upon which the request is based.
Writ – A judicial order directing a person to do something.

 

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