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conviction integrity unit |
Posted by: jameson245 - 09-03-2018, 09:18 AM - Forum: What is in the news - staying up to date
- Replies (2)
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Boulder County attorneys set criteria for DA's new conviction integrity unit
[b]By Mitchell Byars[/b]
[i]Staff Writer
Posted: 09/01/2018 12:50:54 PM MDT | Updated: about 12 hours ago[/i]
Boulder County District Attorney Michael Dougherty in March created a conviction integrity unit, for which a set of criteria has been created to review possible wrongful conviction cases. ([i]Cliff Grassmick / Staff Photographer[/i])
The Boulder District Attorney's Office and local defense attorneys have created a set of criteria and an application process for the newly-created conviction integrity unit as it gets ready to review possible wrongful conviction cases.
Boulder District Attorney Michael Dougherty created the unit in March and since then attorneys have been meeting to decide what types of cases it will re-examine.
"I'm excited about how much progress we've made to get this up and running," Dougherty said.
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Boulder Deputy District Attorney Mark Rimaldi, who is part of the unit, said the unit will look at cases out of Boulder County in which the person has credible evidence they did not commit the crime for which they were convicted.
"There must be a claim of actual innocence," Rimaldi said. "Not that there was some issue with the legal process, or something didn't go the way they planned."
Rimaldi said there will not be a limit on the types of charges that will be considered by the unit.
"We certainly had a discussion about a limit, but we determined that different people can be affected by crimes of any level," Rimaldi said. "We thought it would be fair to review all cases based on merit."
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Josh Maximon, the co-chair of the Boulder chapter of the Colorado Defense Bar, said that cases in which the defendant is incarcerated will take priority, but it is important they look at all types of cases.
"A lot of innocence projects tend to be related to really serious cases, like murder or rape, but this unit is going to be looking at claims of innocence on every single level of alleged crime," Maximon said. "For job applications, graduate school, housing requirements, Section 8 housing, having a conviction on your record is something that is really an impediment. So even though we're giving a priority to incarceration cases, the collateral consequences of having a conviction are really significant in this society, so it's excellent we're able to look at those cases as well."
Dougherty also said that the unit will consider guilty pleas, not just trial convictions as long as there is still a claim of actual innocence.
"We recognize defendants may plead guilty when they are not in fact guilty, possibly because they are worried about the consequences of going to trial," Dougherty said.
As a defense attorney, allowing plea cases was something Maximon said he was excited about.
"There is quite a bit of pressure put on defendants to take deals, even in disputed cases," he said. "So the fact that there is an avenue for them to still be able to assert their innocence is unique and really welcomed by the legal community, specifically the defense."
Dougherty said that he is not sure how many cases the unit will handle at a time, but said it will partly depend on the circumstances of each defendant.
"A case where DNA is involved might be different than a case of mistaken identity where we have to re-interview witnesses," Dougherty said. "But I'm confident we can keep up with the cases."
Dougherty said he hopes to have the application up on the DA's website within the next two weeks. He said he has already heard from a lot of defendants who think their cases might apply, as well as from members of the community supporting the idea.
"The response from the community has been overwhelmingly positive, and I think that speaks to the desire that people have to make sure there is transparency in their government," Dougherty said.
While it is the only such unit in the state at the moment, Maximon added that a representative from the Denver DA's Office attended a recent meeting.
"It seems like the work that we're doing in Boulder might be a model for other units like this all over the state," Maximon said. "We worked really hard to try to develop criteria and standards to this process with a really dedicated aim from all areas of the criminal justice system. From the defense perspective and the prosecution's perspective, every single person there is committed to finding a potential positive result for someone who has an actual innocence claim."
[i]Mitchell Byars: 303-473-1329, byarsm@dailycamera.com or twitter.com/mitchellbyars[/i]
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Grand Juror Speaks out 12/17/2016 |
Posted by: jameson245 - 09-02-2018, 10:24 PM - Forum: Grand Jury Indictments
- Replies (1)
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Juror breaks secrecy laws to reveal he ‘knows who killed JonBenet Ramsey’
A GRAND juror in the JonBenet Ramsey case breaks secrecy laws to reveal he knows who killed her and how he was silenced over her parents.
Candace Sutton
news.com.auDecember 17, 20167:47pm
Grand Juror in JonBenet Ramsay case says he's confident he knows who's guilty
Grand Juror in JonBenet Ramsay case says he's confident he knows who's guilty 0:31
Juror in JonBenet Ramsay case says he's confident he knows who's guilty of murdering the young pageant queen. Courtesy: ABC USA/20/20
- December 17th 2016
- 2 years ago
- /display/newscorpaustralia.com/Web/NewsNetwork/Entertainment - syndicated/
A juror in the JonBenet murder case has risked prosecution to reveal he believes he knows who killed the six-year-old beauty queen. Picture: Splash NewsSource:Supplied
Ads by Kiosked
A GRAND juror on the JonBenet Ramsey case has broken strict secrecy laws to say he knows who killed the six-year-old beauty queen and reveal how he and fellow jurors were silenced.
Risking prosecution which could lead to imprisonment, the male juror has told US TV show 20/20 the shocking decision the grand jury came to almost two decades ago.
The Colorado Grand Jury convened in 1999, less than two years after JonBenet Ramsey was murdered and her body found in the basement of her multi-millionaire parents’ home in Boulder, Colorado.
JonBenet Ramsey.Source:Supplied
Ads by Kiosked
Asked to deliberate on whether JonBenet’s parents, John and Patsy Ramsey should have been indicted over the murder, the juror tells the program the panel of eight women and four men voted yes.
“They were told to indict only if they found probable cause, in other words if they found it was more likely than not that the Ramseys killed their own daughter,” 20/20s Amy Robach says.
“Was there enough evidence to indict John and Patsy Ramsey for a crime?” Robach asks the juror, who responds: “Based upon the evidence that was presented I believe that was correct.”
Boulder Sheriff's officers guard the Ramsey home on December 27, 1996, the day after 6-year-old JonBenet was found dead in the basement. Picture: AP.Source:Supplied
Ads by Kiosked
This male juror (above) told TV’s 20/20 that the grand jury voted to indict John and Patsy Ramsey and he knows who killed JonBenet. Picture: 20/20.Source:Supplied
Ads by Kiosked
But asked if the case had gone to trial, did he believe that the Ramseys would be convicted, the juror answered “no”.
“Based on the evidence you were presented do you feel you know who killed JonBenet Ramsey?” Robach asks.
The juror responds: “I highly suspect, I do.”
The revelation comes in a week in which the Colorado Bureau of Investigation announced it would be conducting sophisticated DNA testing on the underwear and long johns JonBenet’s body was clothed in death.
DNA analysis at the time exonerated the Ramsey family, but new evidence has come to light.
And although the grand jury voted to indict JonBenet’s parents 17 years ago, the Colorado prosecutor at the time disagreed and did not to follow through with the jury’s recommendation.
On 20/20 the juror also describes the eerie trip the grand jury made to the crime scene where JonBenet’s body was found, and how he was disgusted by her sexualised beauty pageant image.
Nine-year-old Burke Ramsey declines to draw his sister in a psychology session after JonBenet’s murder. Picture: Dr Phil.Source:Supplied
The second page of the rambling ransom note which a handwriting expert says was written by JonBenet’s mother Patsy. Picture: Boulder District Attorney.Source:AP
Robach: “Before you were a grand juror, what did you know about the JonBenet Ramsey case?”
Juror: “Very little. I saw that there was this little girl dressed up in what was my opinion a sexual persona. It disgusted me, I turned off the TV.”
Over the course of a year, the grand jurors grappled with testimony from dozens of witnesses.
The jury took a field trip to the Ramsey home on 15th Street, Boulder, Colorado and descended the basement stairs to see the cellar where the little girl’s body had been found.
“The basement in which she was found, it was a very eerie feeling. Like someone had been killed here,” the juror said.
The 20/20 program disguised the juror’s voice and put his face in shadow to help protect his identity because Grand Jury proceedings in Colorado and elsewhere are secret.
The grand jurors voted to indict John and Patsy Ramsey, but prosecutors didn’t proceed. Picture: AP/The Denver Post.Source:AP
Viewers were puzzled by Burke Ramsey’s smiling demeanour throughout a recent interview on DrPhil about his sister’s murder. Picture: Dr Phil.Source:Supplied
The interview with the juror was due to be aired on Friday night in the US, just over a week before the twentieth anniversary of JonBenet Ramsey’s death on Christmas night 1996.
The 20/20 interview includes revelations by a handwriting expert that she is sure the ransom note found at the scene was written by JonBenet’s mother Patsy.
Patsy Ramsey, herself a former beauty queen, was John Bennet Ramsey’s second wife. She died from ovarian cancer in 2006.
On the night JonBenet was murdered and her body placed in the cellar, her parents initially said she had been kidnapped.
They found a strange ransom note which claimed JonBenet has been kidnapped by “a small foreign faction” and demanded an odd ransom sum of $118,000.
The fact that the amount was similar to the sum of John Ramsey’s annual work bonus, and the language and apparently deliberate spelling mistakes in the long and rambling note made investigators believe it was bogus.
The grand jurors spent a year investigating the JonBenet case and were taken back to the Ramsey house to see the ‘eerie’ crime scene.
Burke Ramsey demonstrates how he thinks JonBenet died0:30
Footage from 1997 shows how a young Burke Ramsey demonstrated his theory on how his sister was killed. Courtesy: The Case of: JonBenet Ramsey/Channel 9
Cina Wong, the handwriting expert who examined the ransom note, found more than 200 similarities between the ransom note writer’s handwriting and Patsy’s handwriting.
This week Ms Wong said she still maintains that JonBenet’s mother wrote it.
“You will see that just with the As the ransom note writer has four different variations of the letter A, and then Patsy Ramsey uses the same variation of the four different types of As,” Wong tells 20/20.
The lead up to the anniversary of JonBenet’s murder has been filled with speculation about the potential involvement of JonBenet’s then nine-year-old brother Burke Ramsey.
Burke, now a computer software developer, raised eyebrows with his interview on the Dr Phil show, during which he smiled throughout.
Revelations were also aired about his childhood jealousy of a sister who received all the attention.
Burke Ramsey reportedly placed his own faeces in JonBenet’s bed and on one occasion hit her with a golf stick.
Dr Phil plays Burke a video of an interview between a psychologist and the nine-year-old Burke following the murder in which Burke is asked to draw, but won’t draw his sister.
It is the first time Burke has seen the footage.
Asked by Dr Phil, “Did you consciously not draw JonBenet?”, Burke answers, “I can’t remember what was going through my head, but she was gone so I didn’t draw her”.
The DNA review of JonBenet’s clothing by Colorado investigators will examine unidentified male DNA found on separate items.
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Grand Juror Speaks out 12/17/2016 |
Posted by: jameson245 - 09-02-2018, 10:22 PM - Forum: Grand Jury Indictments
- Replies (1)
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Juror breaks secrecy laws to reveal he ‘knows who killed JonBenet Ramsey’
A GRAND juror in the JonBenet Ramsey case breaks secrecy laws to reveal he knows who killed her and how he was silenced over her parents.
Candace Sutton
news.com.auDecember 17, 20167:47pm
Grand Juror in JonBenet Ramsay case says he's confident he knows who's guilty
Grand Juror in JonBenet Ramsay case says he's confident he knows who's guilty 0:31
Juror in JonBenet Ramsay case says he's confident he knows who's guilty of murdering the young pageant queen. Courtesy: ABC USA/20/20
- December 17th 2016
- 2 years ago
- /display/newscorpaustralia.com/Web/NewsNetwork/Entertainment - syndicated/
A juror in the JonBenet murder case has risked prosecution to reveal he believes he knows who killed the six-year-old beauty queen. Picture: Splash NewsSource:Supplied
Ads by Kiosked
A GRAND juror on the JonBenet Ramsey case has broken strict secrecy laws to say he knows who killed the six-year-old beauty queen and reveal how he and fellow jurors were silenced.
Risking prosecution which could lead to imprisonment, the male juror has told US TV show 20/20 the shocking decision the grand jury came to almost two decades ago.
The Colorado Grand Jury convened in 1999, less than two years after JonBenet Ramsey was murdered and her body found in the basement of her multi-millionaire parents’ home in Boulder, Colorado.
JonBenet Ramsey.Source:Supplied
Ads by Kiosked
Asked to deliberate on whether JonBenet’s parents, John and Patsy Ramsey should have been indicted over the murder, the juror tells the program the panel of eight women and four men voted yes.
“They were told to indict only if they found probable cause, in other words if they found it was more likely than not that the Ramseys killed their own daughter,” 20/20s Amy Robach says.
“Was there enough evidence to indict John and Patsy Ramsey for a crime?” Robach asks the juror, who responds: “Based upon the evidence that was presented I believe that was correct.”
Boulder Sheriff's officers guard the Ramsey home on December 27, 1996, the day after 6-year-old JonBenet was found dead in the basement. Picture: AP.Source:Supplied
Ads by Kiosked
This male juror (above) told TV’s 20/20 that the grand jury voted to indict John and Patsy Ramsey and he knows who killed JonBenet. Picture: 20/20.Source:Supplied
Ads by Kiosked
But asked if the case had gone to trial, did he believe that the Ramseys would be convicted, the juror answered “no”.
“Based on the evidence you were presented do you feel you know who killed JonBenet Ramsey?” Robach asks.
The juror responds: “I highly suspect, I do.”
The revelation comes in a week in which the Colorado Bureau of Investigation announced it would be conducting sophisticated DNA testing on the underwear and long johns JonBenet’s body was clothed in death.
DNA analysis at the time exonerated the Ramsey family, but new evidence has come to light.
And although the grand jury voted to indict JonBenet’s parents 17 years ago, the Colorado prosecutor at the time disagreed and did not to follow through with the jury’s recommendation.
On 20/20 the juror also describes the eerie trip the grand jury made to the crime scene where JonBenet’s body was found, and how he was disgusted by her sexualised beauty pageant image.
Nine-year-old Burke Ramsey declines to draw his sister in a psychology session after JonBenet’s murder. Picture: Dr Phil.Source:Supplied
The second page of the rambling ransom note which a handwriting expert says was written by JonBenet’s mother Patsy. Picture: Boulder District Attorney.Source:AP
Robach: “Before you were a grand juror, what did you know about the JonBenet Ramsey case?”
Juror: “Very little. I saw that there was this little girl dressed up in what was my opinion a sexual persona. It disgusted me, I turned off the TV.”
Over the course of a year, the grand jurors grappled with testimony from dozens of witnesses.
The jury took a field trip to the Ramsey home on 15th Street, Boulder, Colorado and descended the basement stairs to see the cellar where the little girl’s body had been found.
“The basement in which she was found, it was a very eerie feeling. Like someone had been killed here,” the juror said.
The 20/20 program disguised the juror’s voice and put his face in shadow to help protect his identity because Grand Jury proceedings in Colorado and elsewhere are secret.
The grand jurors voted to indict John and Patsy Ramsey, but prosecutors didn’t proceed. Picture: AP/The Denver Post.Source:AP
Viewers were puzzled by Burke Ramsey’s smiling demeanour throughout a recent interview on DrPhil about his sister’s murder. Picture: Dr Phil.Source:Supplied
The interview with the juror was due to be aired on Friday night in the US, just over a week before the twentieth anniversary of JonBenet Ramsey’s death on Christmas night 1996.
The 20/20 interview includes revelations by a handwriting expert that she is sure the ransom note found at the scene was written by JonBenet’s mother Patsy.
Patsy Ramsey, herself a former beauty queen, was John Bennet Ramsey’s second wife. She died from ovarian cancer in 2006.
On the night JonBenet was murdered and her body placed in the cellar, her parents initially said she had been kidnapped.
They found a strange ransom note which claimed JonBenet has been kidnapped by “a small foreign faction” and demanded an odd ransom sum of $118,000.
The fact that the amount was similar to the sum of John Ramsey’s annual work bonus, and the language and apparently deliberate spelling mistakes in the long and rambling note made investigators believe it was bogus.
The grand jurors spent a year investigating the JonBenet case and were taken back to the Ramsey house to see the ‘eerie’ crime sceneSource:Supplied
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Burke Ramsey demonstrates how he thinks JonBenet died0:30
Footage from 1997 shows how a young Burke Ramsey demonstrated his theory on how his sister was killed. Courtesy: The Case of: JonBenet Ramsey/Channel 9
- September 20th 2016
- 2 years ago
- /display/newscorpaustralia.com/Web/NewsNetwork/Network News/National/
Cina Wong, the handwriting expert who examined the ransom note, found more than 200 similarities between the ransom note writer’s handwriting and Patsy’s handwriting.
This week Ms Wong said she still maintains that JonBenet’s mother wrote it.
“You will see that just with the As the ransom note writer has four different variations of the letter A, and then Patsy Ramsey uses the same variation of the four different types of As,” Wong tells 20/20.
The lead up to the anniversary of JonBenet’s murder has been filled with speculation about the potential involvement of JonBenet’s then nine-year-old brother Burke Ramsey.
Burke, now a computer software developer, raised eyebrows with his interview on the Dr Phil show, during which he smiled throughout.
Revelations were also aired about his childhood jealousy of a sister who received all the attention.
Burke Ramsey reportedly placed his own faeces in JonBenet’s bed and on one occasion hit her with a golf stick.
Dr Phil plays Burke a video of an interview between a psychologist and the nine-year-old Burke following the murder in which Burke is asked to draw, but won’t draw his sister.
It is the first time Burke has seen the footage.
Asked by Dr Phil, “Did you consciously not draw JonBenet?”, Burke answers, “I can’t remember what was going through my head, but she was gone so I didn’t draw her”.
The DNA review of JonBenet’s clothing by Colorado investigators will examine unidentified male DNA found on separate items.
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plea bargains - sex offenders |
Posted by: jameson245 - 09-02-2018, 09:09 PM - Forum: What is in the news - staying up to date
- Replies (3)
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Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:
- Reduced jail time
- Reduced fines
- Conviction on a misdemeanor charge rather than a felony charge
- Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to:
Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.
If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!
https://brettpodolsky.com/sex-crimes/sho...-sex-crime
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plea bargains - sex offenders |
Posted by: jameson245 - 09-02-2018, 09:01 PM - Forum: What is in the news - staying up to date
- No Replies
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Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:
- Reduced jail time
- Reduced fines
- Conviction on a misdemeanor charge rather than a felony charge
- Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to:
Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.
If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!
https://brettpodolsky.com/sex-crimes/sho...-sex-crime
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plea bargains - sex offenders |
Posted by: jameson245 - 09-02-2018, 09:01 PM - Forum: What is in the news - staying up to date
- No Replies
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|
Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:
- Reduced jail time
- Reduced fines
- Conviction on a misdemeanor charge rather than a felony charge
- Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to:
Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.
If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!
https://brettpodolsky.com/sex-crimes/sho...-sex-crime
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Chronicle of Cooperation |
Posted by: jameson245 - 08-30-2018, 12:33 AM - Forum: Ramsey cooperation
- Replies (4)
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Chronicle of cooperation
News staff
[b]March 19[/b]
[b]'The police are not interested in justice'[/b]
[b]Police see Ramsey 'smoke screen'[/b]
[b]Chronicle of cooperation[/b]
[b]Allegations & responses[/b]
[b]Investigator Smit says evidence points to intruder as murderer[/b]
[b]Intruder theory[/b]
[b]Excerpts from 'The Death of Innocence'[/b]
[b]Interviewer says he wants to move on[/b]
An appendix to the Ramseys' book is titled A Chronicle of Cooperation, detailing occasions the couple say they cooperated with law enforcement authorities in the investigation.
Boulder police were frustrated during the investigation by what they said was the Ramseys' reluctance to help.
Here is a summary of the Ramseys' A Chronicle of Cooperation:
[*]Boulder police officers interviewed them throughout Dec. 26, 1996, the day JonBenet's body was found.
[*]Police questioned them both Dec. 27 and John again Dec. 28. Officers were with the Ramseys 24 hours a day from 6 a.m. Dec. 26 through 2 p.m. Dec. 29, when the Ramseys left for the funeral in Atlanta.
[*]Police questioned Burke Ramsey on Dec. 26. The conversation was tape-recorded without either parent present and without parental consent. A police psychologist interviewed Burke on Jan. 6. Burke was interviewed again, over three days, in May 1998.
[*]Handwriting samples were given by John (Dec. 26, 28, Jan. 5, 1997); Patsy (Dec. 28, Jan. 4, 1997, Feb. 28, April 12, May 20), and Burke (Dec. 28).
[*]After the Ramseys returned from JonBenet's funeral in Atlanta, their attorneys offered to make them available for a joint interview Jan. 18, 1997. "The police declined this offer and stated in writing that such an interview would not 'be helpful' because 'the time for interviewing John and Patsy as witnesses who could provide critical information that would be helpful in the initial stages of our investigation has passed."'
[*]"The police countered with an offer that the Ramseys come to the police station at 6 p.m. on a Friday night and subject themselves to an open-ended interrogation. That suggestion was rejected, in part because of the written statement above."
[*]"Patsy and John gave hair and blood samples, as well as fingerprints, immediately when the police requested them; so did all other members of the family. In February 1997 both Patsy and John voluntarily gave pubic hair samples."
[*]"Very early in the investigation, the Ramseys offered to let the police search both of their houses, John's office, their cars and his airplane hangar without a search warrant."
[*]"On April 11, 1997, John and Patsy Ramsey, with their attorneys, met with Peter Hofstrom of the DA's office and Tom Wickman of the Boulder Police Department. This meeting was held at Mr. Hofstrom's and Detective Wickman's request. An apology was given for the way the family had been treated. The Ramseys were asked to give additional interviews and continue their previous cooperation. John accepted their apology and agreed to move forward. No conditions were placed on the manner in which the interviews would be conducted."
[*]"On April 12, 1997, the Ramseys also agreed to let authorities search their house again without a warrant; agreed to destructive testing of walls located at their home; agreed to identify Patsy Ramsey's prior writings; and agreed to make themselves available for separate interviews on April 23. The Ramseys agreed to answer any questions put to them. On April 22, the Boulder police canceled the interviews."
[*]"The Ramseys agreed to be interrogated by the Boulder police and district attorney's office on April 30, 1997. These interviews lasted two hours (for John) and six hours (for Patsy)."
[*]"The Ramseys also were interrogated by the district attorney's office for three full days each in June 1998. No additional interviews were requested."
[*]"The Ramseys signed more than 100 releases for information requested by the police, ranging from medical records to credit card records and even videotape rental records. The Ramseys provided all evidence and information requested by the police."
[*]"Burke Ramsey, John Andrew Ramsey and Melinda Ramsey Long all were subpoenaed and testified before the grand jury."
[*]"John and Patsy offered to testify before the grand jury, but they were never subpoenaed. The Ramseys asked to meet with the governor and his advisory council. The request went unanswered."
March 19, 2000
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history of false claims |
Posted by: jameson245 - 08-29-2018, 11:32 PM - Forum: Nancy Krebs
- No Replies
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Calif. woman's credibility questioned in JonBenet Ramsey case
Feb. 27, 2000 | 1:10 p.m.
BOULDER, Colo. (AP) -- A woman who claims to see similarities between her own sexual abuse as a child and the case of JonBenet Ramsey has a history of making false reports, California officials said in Sunday's Daily Camera.
The Boulder newspaper reported last week that the California woman suggested the 6-year-old beauty queen was killed accidentally when an asphyxiation technique was used by an adult to stimulate orgasmic response.
Sheriff's investigators in California spent hundreds of hours looking into the woman's claim in 1991 that she had been raped. They were unable to confirm her claim, the paper said.
``She has filed a number of reports with us and most of them have been determined to be unfounded,'' said San Louis Obispo County sheriff's Sgt. C.J. Bell.
The 37-year-old woman has drawn parallels between her experiences and the physical evidence of garroting found on JonBenet's body, the newspaper stated.
Boulder County District Attorney Alex Hunter initially described the information as new evidence that needed to be thoroughly investigated. No one answered the telephone at his office Sunday.
JonBenet was found beaten and strangled in the basement of her family's home on Dec. 26, 1996. The coroner also found signs of injuries in her genital area.
A grand jury investigated the case for 13 months, but no charges were filed. Police have said JonBenet's parents remain suspects. The Ramseys, who have moved to the Atlanta area, deny any involvement in her death.
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Governor Owens |
Posted by: jameson245 - 08-29-2018, 11:25 PM - Forum: Names to remember
- Replies (1)
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Strong Words For The Ramseys
[*]Gov. Bill Owens Urges Ramseys To Cooperate
[*]Says Special Prosecutor Will Not Be Appointed
[*]Headed In Right Direction With New Evidence
DENVER
CBS
(CBS) Colorado Gov. Bill Owens urged the parents of JonBenet Ramsey to "quit hiding behind their attorneys" and help find their daughter's killers.
Owens' comments came Wednesday as he announced his decision not to appoint a special prosecutor to look into the 1996 death of the six-year-old beauty pageant winner.
He said after initial mistakes, police and prosecutors are working with new evidence and headed in the right direction.
"During my own review of the Ramsey case," Owens said, "I've learned that substantial new evidence -- including evidence that did not originate in the grand jury proceedings -- is presently being analyzed and will continue to be analyzed by the prosecution team."
The governor, though, had strong words for the girl's parents.
"If I could speak to John and Patsy Ramsey," Owens said, "I would tell them to quit hiding behind their attorneys, quit hiding behind their PR firm. Come back to Colorado and work with investigators in this case, no matter where that trail will lead."
Early on Dec. 26, 1996, Mrs. Ramsey told police she found a ransom note demanding $118,000 for her daughter's safe return. Eight hours later, JonBenet's father said he found his daughter's body in the basement.
Critics contend the investigation was compromised when detectives allowed the Ramseys and friends to roam through their mansion in Boulder.
Owens said the guilty parties have been smart, stonewalling police and covering their tracks.
The Ramseys, who moved to the Atlanta area after the killing, have insisted they are innocent. In a statement issued late Wednesday, the Ramseys' attorneys called Owens' remarks "slanderous."
"Coming from a public official elected to the highest office of this state, his comments are unconscionable," the statement said.
"To the killers, let me say this: You only think you have gotten away with murder. There is strong evidence to suggest who you are," Owens said. "I think investigators are moving closer to proving their case. They will keep pursuing you. You will reap what you have sown."
Owens declined to comment when asked if he was referring to the Ramseys when he cited more than one killer. He wouldn't say if he believed the Ramseys were involved in their daughter's death.
Two weeks ago, a Boulder County grand jury completed a 13-month investigation of the death without issuing any indictments. District Attorney Alex Hunter said there was not enough evidence to charge anyone, though he and police said the Ramseys remain under suspicion.
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