Articles Posted in Criminal Defense

With the pending “Royal Birth” craze there has been an increase in travel to England. A guest blog post today in which the author gives useful tips on how to travel in Europe if you have a criminal record.

How Countries Ascertain Past Crimes and Offenses

While it is obvious that no country welcomes criminals or those with criminal records. It is also important to note that the amount of criminal history and the passage of time that took place since the crime was committed are some considerations that each country takes note in determining whether to allow a tourist to visit.

Every country has unique legislative provisions that govern both travel and immigration, and the question is, how does one learn each country’s requirements? Many countries have had information related to the above in the following:

-The embassies, High Commissions and consulates.

-Various relevant immigration agencies’ websites
-The given relevant laws regarding immigration.

Factors Considered in Determining Past Criminal Convictions

There are a number of issues considered in a determination of the travel status for those with a criminal history. These factors vary depending on the country where one with such record intends to visit. The following are the general considerations:

1. Nature of the crime.

It has to be determined whether the crime was a crime of violence or a repeated criminal conviction. In most cases, those convicted of a violent crime or multiple crimes of a similar nature (such as petit theft, battery or drug charges) won’t be allowed to travel or visit England. In fairness, their own countries often won’t allow these criminals to travel to other countries. This is because in many European countries they are considered dangerous individuals who must be closely monitored by the criminal departments (such as probation).

2. Period of conviction.

It has to be determined how old the conviction is. The United Kingdom and some of her colonies has what is called “Spent” convictions. In England, a conviction is considered spent if it is more than 10 years since one was imprisoned, as the person is considered rehabilitated.

3. This prison times must have been within a period of 6 to 30 months (or less) to be considered as “spent”. However any conviction where the Defendant was sentenced to more than 30 months incarceration cannot ever be considered spent and would always count against the individual trying to visit England.

4. England tends not to be concerned about petty offenses (such as resisting arrest without violence or a driving while license is suspended charge). This is because there government believes minor offenses are normally corrected through a rehabilitation processes.

5. Where the crime had been committed. Criminal offenses which were committed in destination countries counts more than those committed in the outside country.

Issues to Consider Before Travelling with a Criminal History.

To avoid rejection of your travel application to the UK, it is important that the following information is followed:

1. Secure an interview with the British consulate to determine their view of the nature of the criminal charges and subsequent conviction.

2. Follow all provided UK travel policies to the letter (including the establishment of “spent” convictions) according to the UK provisions.

3. Establish your UK visa status, whether one is a visa or a non-visa national. There are different requirements for these two categories of travelers, but other factors must be also looked as a whole and not in isolation.

4. It is important ascertain the nature of the travel and subsequent requirements. This can be established from agencies like the UKBA which is responsible for visas, work permits, asylum requests, UK citizenship, among other things. It is advisable to use the ukba phone number or general email addresses for contact in case there is a specific questionthat needs an urgent response. regarding immigration matters.
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A recent article in the Tampa Bay Times describes how one can now appeal their inclusion inside the Pinellas county gang database. We are among the first counties in the state to address this issue. After long awknowledging that the state’s gang laws are vague, local law enforcement has moved ahead with a series of proposals that they hope will prevent people from wrongly being labled as gang members. Currently, you can be labled a gang member if you are seen hanging out with friends or family who are themselves gang members.

While many of the adopted changes still need approval from government officials and legal staff, Pinellas County Sheriff Bob Gualtieri have already implemented many policies including:

– All information on local gangs, members and associates kept by Pinellas law enforcement agencies will be compiled into a centralized database maintained by the Sheriff’s Office.

– Unlike Florida state law that has no provisions for appeals, a person who is wrongly listed as gang members or associates can appeal to have their names removed from said lists.

– Strict time frames are set for names to be removed from lists. State law sets no time limits.

– Law enforcement must notify parents or legal guardians of children listed as gang members or associates in Pinellas county.

These changes had the support of all law enforcement agencies in Pinellas county as well as the Pinellas-Pasco State Attorney, Bernie McCabe.

Florida law permits local authorities to compile lists of suspected gang members and /or associates, and gives 11 criteria for gang membership. A person needs only to meet one criterion for the state to be allowed to label him or her a gang associate. With two or more criteria the person is considered a full-fledged gang member!

The big issue is the criteria itself. Merely dressing like a gang member, using hand signals associated with a gang or being seen with gang members is enough to be counted. The law does not require someone to have a criminal record to be listed as a gang member. People identified as gang members face closer scrutiny from law enforcement and, if arrested, potentially tougher prosecution.

Even when these new guideline go into effect, there will still be a few hiccups to deal with. For instance, it will still be possible under the new policies for someone to be listed as a gang member without a conviction. The new guidelines merely state that law enforcement will need documented “criminal association” between that person and a gang member, such as if he’s been seen dealing drugs with a gang member.

This should come as great news for Pinellas criminal defendants who have friends or family that are gang members. The Pinellas state attorney’s office has a very good gang unit that will travel between Pasco and Pinellas. These gang prosecutors have the authority to crack down on suspected gang members and can deliver more extreme sentences!
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When it comes to searching for a criminal attorney, unfortunately, there aren’t enough people out there that know what to look for. In situations where your money, reputation, and even freedom are at stake, hiring the wrong lawyer could be a disaster. To avoid that, you need to know what qualities to look for when you’re searching for a criminal attorney. As a criminal attorney myself, I have created four different questions that will help you determine whether or not your attorney-in-question will perform will for you.

Do They Listen Well?

When searching for an attorney, you want to find one that is a good listener. If the attorney seems distracted while you are talking with them, is yawning, looking around the room, fidgeting with something, or otherwise just not listening to you, don’t give them your time or your money. If they aren’t listening to your case, how will they be able to present it before a court of law when your livelihood may be on the line? Look for a lawyer that maintains good eye-contact, looks up your case online, acknowledges your statements with a nod or a short verbal response, and that makes you feel like you are being listened to. In other words you want to go with an attorney you feel comfortable with. The lawyer you hire will be a part of your life for the next several weeks to several years. Don’t make a stressful situation worse by hiring someone you don’t get along with!

Do They Present Themselves Well?

The old saying is true, first impressions matter! An attorney’s job is to present themselves, as well as yourself, in front of a judge and a jury of your peers. Legally, you are not able to be discriminated against based on how you present yourself–but law and order do not govern the subconscious mind. The jury may be influenced in ways that they aren’t aware of if your attorney uses crude language, dresses like a slob, has messy hair, or just generally doesn’t present him or herself well (and by extension, you too). Try to find a criminal defense attorney that speaks confidently, has good posture, dresses well, and looks, overall, to be a professional.

Do They Have Experience With Your Particular Case Area?

Ask yourself this question: if you wanted to build a house and had the choice between an architect that builds water parks, an architect that builds corporate offices, and an architect that builds houses, which architect would you choose? Clearly, you would choose the architect that’s built houses before! This analogy translates over into the field of law as well. You wouldn’t hire an attorney that does water rights cases if you are in need of a criminal attorney. Take it a step further and try to find somebody that has handled your specific case before. There’s nothing like experience to back up an attorney. For example, if you have been arrested for a DUI in St. Petersburg ask your lawyer how many similar cases has he/she handled? Is the attorney familiar with criminal procedure in the county you were arrested? Does he/she regularly attend continuing legal education classes on that subject to stay in front of new defenses or laws? Does your criminal defense lawyer have the courtroom experience you need to fight your case? These are just a few of the many questions you will need to ask to find the right lawyer for your particular charge.

Do They Have a Good Track Record?

Keeping with the architect analogy, you wouldn’t want to hire an architect who’s been building houses that are ugly, overpriced, or otherwise poorly constructed. In the same way, you wouldn’t want an attorney that’s consistently lost cases for previous clients. Thus, just like it’s a good idea to look into an architect’s portfolio to make sure that they perform with quality, you’ll want to check into the attorney’s case history to be sure that they have a history of favorable outcomes. While no lawyer wins every case, you want to feel confident that your criminal defense attorney has motion and jury trial experience.

In conclusion, while there may be more questions you want to ask your potential attorney, this is a good starting guide. Talk to multiple, local lawyers in your area that have experience in what you have been charged with. Don’t go with the cheapest attorney just to save money, rather only go with him/her if you feel comfortable with them and feel confident that they can help. Likewise, don’t automatically assume that the most expensive lawyer is the best. Finally, if any attorney guarantees you a result or promises you anything, run, don’t walk from their office!

About the Author: Vincent Imhoff is a writer and Los Angeles criminal lawyer who acts as a managing partner at Imhoff & Associates, P.C. He earned his law degree at Chicago-Kent College and his undergraduate degree at Lewis University. When he isn’t writing or practicing, Vincent finds time to ski on his favorite slopes and get some jogging in.
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In our last blog, we gave some tips and information on what to expect with a DUI charge. As criminal defense lawyers, we received numerous requests on what to do or expect if one is charged with a criminal offense. In response to these requests, we have included more tips and hints in case you or a loved one is ever arrested. While our criminal law practice is based in Pinellas, these tips are relevant to ALL parts of Florida.

The following is a general description of the criminal justice system and what you can expect in the months to come. This form was created as a guide to assist you. Please remember, every case is factually and legally different from all others. As a result, some of the information on this form may not apply to you and/or your case.

General

Right now, you probably have many questions. Rest assured, that is very normal. You are not the first person, and certainly won’t be the last, that has general questions about the criminal justice system.

Your criminal defense lawyer been hired to help you. You should help them by understanding and following these basic instructions.

Communication

1. You are charged with a crime. This means the police think you are guilty. You may or may not be guilty. Either way, the most important rule to follow at all times is: Never talk to anyone except your defense attorney or your attorney’s staff about your case. Do not explain yourself. Do not say anything to anyone about your situation and/or case. Even if you say something perfectly innocent, there may be a way to use it against you and anyone can be used as a witness against you, even your relatives, friends and cellmates. Don’t even risk taking the chance.

2. If you are innocent. Feel confident it will come out that way. You cannot talk your way out of being charged with a crime so don’t say anything to anybody about the case. Somebody thinks you are guilty and anything you say might complicate the job of establishing your innocence.

3. You may be guilty. Even if you feel you’ve done something wrong, don’t be discouraged. You may be guilty of a less serious offense than the one you were arrested for or are currently charged with. Even if you are proven guilty, your attorney can still help you get the best sentence available – whether probation, a short jail sentence or otherwise.

What you need to do to help yourself

1. Tell your Pinellas criminal defense attorney the whole story. You must be completely honest with your attorney. Our job is to help you and we are not allowed to tell anybody what you have told us except to help you. If you lie to your lawyer, they may take action on your behalf which will be impossible to correct when the truth comes out. If you have already told us something that is not true, do not be afraid to tell us the truth now. We will not be angry at you. We need to know the whole truth so we can represent your best interests without being surprised later on after it’s too late to change our strategy.

2. Behave yourself. Between your arrest and your trial and/or sentencing you must stay out of trouble. The last thing you need is to go to trial with another problem hanging over your head. Do not go and talk to potential witnesses. Do not try to justify yourself to anyone. Your friends don’t need to hear it and people who think you are guilty won’t believe it. The only person you should communicate with about your case is your attorney.

3. If you are in custody/jail. Be aware that telephone calls are monitored by law enforcement. Be aware that your in-coming and outgoing mail may be opened and read. Mail to and from your attorney will not be read if you write “Attorney Client Legal Mail” on the envelope. Be aware that you may have to get prior approval before your family will be allowed to visit you. If you want family members to visit, talk to the jail personnel about getting them on your approved list of visitors and/or telephone numbers you are allowed to call. Be aware that in order to purchase things in the commissary or make long distance telephone calls, you must have money deposited into your account with the jail.

Terms you need to know

1. “Arraignment” The arraignment is really just an administrative hearing where you will be formally charged with a crime and asked to respond by pleading guilty, not guilty or no contest. In almost all situations, criminal attorneys prefer that their clients plead not guilty at the arraignment because the plea can always be changed later depending on what the attorney discovers during his or her investigation.

2. “Arrest” When the police detain a person in any way that makes it clear that they are not free to leave. Before the police can ask you any questions about your involvement in or knowledge of a crime, they must read you your “Miranda warnings” and tell you that you have the right to remain silent and that you have the right to speak with an attorney before you answer any questions.

3. “Bail” Bail is money that is given to the Court to hold while your case is pending to guarantee that you will show up to court when you are required to do so. You are allowed to post bail while your case is pending except in cases of first degree murder and violations of probation. The amount of bail usually depends on the local bail schedule which is based on the seriousness of the crime you are charged with, any prior criminal record you may have and any prior instances in which you may have previously failed to appear in court. The judge may lower the bail amount if your attorney shows that you are unlikely to run (for example, that you have strong ties to the community by way of a steady job, local family, etc.). You may not get all of your bail money back at the end of your case as the courts are frequently using that money to apply to any fines and/or costs associated with your case.

4. “Bail Bond” Money that is given to the court by a “bondsman” to guarantee that you will show up to court when you are supposed to. A bondsman is a person who charges a fee (usually 10% or 15%) for posting the bond. If you do not appear in court when you are supposed to, the bondsman may lose his or her money or property. Usually, the bondsman will look for you and bring you back to court, forcefully if necessary, in order to get their money back.

5. “Charge” A formal accusation of criminal activity. The prosecutor decides on the charges after reviewing police reports, witness statements and any other evidence of wrongdoing. Formal charges are announced at the Arraignment.

6. “Plea” The defendant’s formal answers to criminal charges. There are three options: guilty, not guilty and no contest.

7. “Plea Bargain” A negotiation between your attorney and the prosecutor. The defendant usually pleads guilty to a lesser crime and/or fewer charges in exchange for a guaranteed sentence that is shorter than what you would get if you were convicted at trial.

The process — what happens next?

1. “Arrest” If you were arrested, this means that the police took you into custody and think you are guilty of a crime. Before the police are allowed to ask you any questions about any crime they think you might be involved in or have knowledge of, they are required to read you your “Miranda warnings.”

2. “Reading Your Rights” At some point the police should have told you that: 1) you have a right to remain silent; 2) that anything you say can be used against you; 3) that you have a right to speak with an attorney; and 4) that if you cannot afford an attorney one will be provided for you. It is important for your attorney to know if and when this happened.

3. “Booking” After you are taken into custody the police will take your photograph and fingerprints at the local jail and/or police department.

4. “First Appearance or Advisory Hearing” Usually, within 24 hours of your arrest you will be brought before a judge (either in person or by video). At this hearing, the prosecutor tells the court what you have been arrested for. This is not the time to discuss your case with the judge. Please remember, someone from the prosecutor’s office will be present and will be taking notes and/or ordering the transcript if you make any statements about your case. Usually, the judge you see at your first appearance or advisory hearing is not the judge who will handle your case after that point. Therefore, telling your side of the story to the judge only helps the prosecutor.

5. “Indictment” This usually only applies in capital cases (i.e., first degree murder or felony murder). After your first appearance, where you’ll learn what you were officially arrested for, the prosecutor will show their evidence to a grand jury. This is an entirely one-sided proceeding. Neither you nor your lawyer is allowed to participate. If the grand jury believes there is enough evidence against you, it will issue an indictment. The indictment (silent “c”) is the formal charge or charges against you.

6. “Discovery” After the State files formal charges against you, you have a right to see all the evidence that the prosecutor has including questioning the State’s witnesses. This process may take several months. Towards the end of the discovery period, your lawyer and the prosecutor may begin to negotiate or bargain the charges against you. This is called “plea bargaining.”

7. “Trial” If your lawyer is unable to negotiate a satisfactory plea bargain with the prosecutor, you may elect to have a jury trial. In a jury trial, the prosecutor goes first and tells their whole case to the jury. Witnesses for the prosecution are called to testify and evidence against you is presented in court. After the prosecutor is finished, your lawyer will have an opportunity to tell your side of the story. Your lawyer will get the chance to question each of the prosecutor’s witnesses and each item of evidence presented against you. Your lawyer may use any one of a number of different strategies to defend you during a jury trial. This will all be discussed with you in further detail, at a later date, if your case reaches that point.

8. “Sentencing” If the jury finds you guilty and/or you plea guilty or no contest to any charge(s), it is up to the judge to determine what your ultimate sentence will be. The sentencing can happen at the time you enter a guilty or no contest plea, or it can be set off for a future date where we can present witnesses or evidence on your behalf.

While by no means inclusive, we hope that these last two blog posts gave you a better understanding of the justice system.
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