The United States Supreme Court last week announced a decision that has been called one of the most important cases that the court has decided in the last fifty years. It expands the law regarding arrest to include the taking of DNA as part of the identification process of arrested persons. It has been a [...]
Prosecutors Desk 6-2-13(Comments Off)
In the present special session, both houses in the Legislature have bills before them that are focused on strengthening DUI laws. The competing bills in each house have these essential elements in common: • Felony DUI: Current law requires it to be the 5th DUI in 10 years. Each bill would change that to the [...]
Two unusual cases resolved – Prosecutors Desk 5-26-13(Comments Off)
On May 22, 2013 Samuel L. Rickard appeared before Judge Patrick Monasmith for sentencing after entering a plea of guilty to Rape in the Second Degree. The charge arose out of an incident that occurred in the evening of September 20, 2012. On that date, Mr. Rickard was intoxicated and sexually assaulted his handicapped adult [...]
Prosecutors Desk 5-19-13(Comments Off)
Recently a reader asked why sentences vary from one person to another. I agreed that different sentences are sometimes given for the same criminal conduct. Sentencing can be complex, but here are some of the factors involved. There is a sentencing schedule or guideline, which governs felony cases. The SRA Sentencing Reform Act imposes a [...]
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