Criminal Law Review

I guess I got the Christmas blues, or so the song goes. We’ll it doesn’t have to be that way, but should the blue lights come your way in Florida, or should you get some coal in your stocking, there are excellent DUI and drug defense attorneys available to help with your arrest issues. Accordingly, I’ll be giving you some holiday legal advice that could keep your feet on the street and your sleigh from being grounded.

Remember to think and act wisely at all times, or you’ll earn yourself some time in a cooler climate with bars. So, if you drink more than you should, or fall from grace and partake in an activity involving illegal drugs, the first rule of thumb is that you have a constitutional right to a Silent Night. Don’t wait for law enforcement to tell you that you don’t have to answer any of their questions - simply don’t answer any and invoke your constitutional right against self incrimination. Again, be polite at all times; simply give them your name and address. Your Miranda rights are very important in protecting you against self incrimination. Should you casually offer that you only had a few drinks, or “whats the big deal, I only have a little buzz” or “I only have a little pot on me,” you are opening yourself up for a DUI or drug conviction. Likewise, should the officer question you at a critical stage in your case without offering you Miranda, and you incriminate yourself, depending upon the situation, a well trained attorney might be able to suppress all evidence illegally obtained from you.

Also remember not to stick out like a Christmas light bulb. Staggering from a bar; asking an officer for directions while your drunk; spinning your tires; tailgating; yelling at another driver; dressing poorly and not grooming yourself, are all going to make you a target to be pulled over. At a minimum, doing the above will give the officer cause to follow you until such time that you commit a traffic infraction legally thereby giving them probable cause to stop you. Now if, however, you play by the rules, and you are pulled over for say a “cracked taillight still emitting light” or arrested for simply “smelling like alcohol” or for “failing to maintain a single lane” or searched because you “looked suspicious,” then, depending upon the circumstances, there is case law available, depending upon the state you live in, that can assist you. Thus, by arguing said case law, one might be able to suppress any stop or arrest and consequently suppress any evidence illegally obtained. Accordingly, the illegally obtained proof of intoxication or drugs, could be “thrown out” thus resulting in your DUI or Drug arrest being dropped by the State of Florida or perhaps in the state your reside.

This is a fun time of the year, but sometimes folks have too much fun. Don’t get down on yourself as well trained criminal defense attorneys are available to help you with your legal problems. Merry Christmas to all and to all a good night!

There are sexual offenders living in typical neighborhoods all throughout the United States. Some live near schools, day care centers or the homes of people who may be viewed as potential targets for sexual predators.

The thought of living near a registered sex offender can be frightening, especially if you have young children. Some people are hoping the Supreme Court will support a law that will help keep sexual offenders out of their neighborhoods.

Civil Commitment is a law that gives every state the option to keep sexual offenders in custody after they have finished serving a prison sentence. The offender is taken to a high security mental hospital immediately after their release. This could be a way to keep violent sexual offenders out of society indefinitely.

Members of the Supreme Court declared Civil Commitment to be Constitutional as long as the goal is to treat patients, not inflict punishment. Any state may choose to enforce this, and on January 12, 2010, the Supreme Court heard a case that called for the commencement of Civil Commitment on a Federal level.

As of 2010, nearly 20 states utilize Civil Commitment. Currently, there are about 4,000 convicted pedophiles, rapists and other offenders confined in state-run mental facilities. Some of this is due to the efforts of a man named Martin Andrews.

When Andrews was only 13-years-old, he was approached by a stranger named Richard Ausley, who offered the boy money in exchange for help moving furniture. Ausley coaxed Andrews into his van, and drove deep into the country.

For the next several days, Martin Andrews was chained up inside a small metal box. He was beaten and savagely raped, then left to die in the wilderness. Andrews’ screams for help would have been in vain, but a group of hunters heard and followed the young boy’s cries.

Richard Ausley was arrested, tried and convicted for this heinous crime. This was not the first time he had been found guilty of a violent act. Ausley had two prior convictions for sexually assaulting young boys, and yet he was a free man in 1973 when he met Martin Andrews.

By 1999, Ausley had been incarcerated for 29 years and was going to be set free. Martin Andrews heard about his release date, and decided to do something about it. Andrews acted quickly: he lobbied lawmakers to fund a program that would examine convicted sexual offenders and determine if they should also be subjected to Civil Commitment.

Andrews was successful. Virginia lawmakers backed his cause, and began enforcing Civil Commitment laws. The man who had tormented Andrews would not be set free.

Although Andrews agrees that Civil Commitment is not the best possible system for dealing with sexual offenders, he strongly advocates the law and says that it is “the only tool we have that is 100 percent effective, because they (sexual offenders) are removed from society.” His goal is to help prevent other children from experiencing the torture he endured at the tender age of 13.

Education is a powerful tool, and it can help people protect themselves and keep their families safe. Anyone who is concerned about living or working near registered offenders can consider signing up for a free Sexual Offender Alert Program. These programs provide photos, addresses and descriptions of offenses, and allow you to search by name, city or zip code.

Whether or not Civil Commitment will be enforced on a federal level remains to be seen.