Deputy District Attorney Shot and Killed

An assistant District Attorney in Texas was shot and killed on the courthouse steps

In Kaufman, TX an assistant district attorney was shot and killed by two men on Thursday. Authorities are still looking for the two men however authorities believe the shooting was connected to the prosecutor's job because it occurred very near the courthouse while the prosecutor was on his way to the courthouse. 

57 year old Mark Hasse was shot several times at approximately 8:00 a.m. near the Kaufman County Courthouse. It is unusual for a district attorney to be attacked in their capacity as a district attorney. In my experience defense attorneys are much more likely to be attacked, however it is not unheard of to have a district attorney attacked. 

A couple of years ago a district attorney in Fresno, CA was attacked while a defendant was being sentenced. The defendant was being sentenced to several years in prison for multiple gang offenses when he picked up a microphone and hurled it at the Deputy District Attorney. The district attorney was not seriously injured however the defendant was charged with additional charges that are punishable by several years in prison. 

Judges Indicted For Corruption

Nine Judges Charged With Corruption

January 31, 2013

Several current and former judges assigned to Philadelphia's Traffic Court have been charged with corruption involving a pervasive ticket fixing scheme. The allegation is that local businessmen, politicians and others with influence got their tickets 'fixed' by judges in Philadelphia's Traffic Court. It seems that the practice has been going on for years. 

The problem with corruption has been so widespread that a consultant for the court system has reported that that major overhauls are required for the entire traffic court system in Philadelphia. This is not the first time there has been a major corruption scandal in the courts in Pennsylvania. A couple of years ago two Superior Court Judges assigned to the juvenile court system were indicted for accepting kickbacks.

Millions of Dollars In Kickbacks

In Wilkes-Barre Pennsylvania a scandal dubbed 'Cash for Kids' rocked the judicial bench in 2008. Apparently two judges in Wilkes-Barre were sending juveniles to two privately operated juvenile detention facilities in exchange for kick-backs from the companies operating the detention centers. 

The scandal was discovered after several juveniles with little or no previous criminal history were sentenced to unusually long sentences in the juvenile detention centers. During the investigation one judge agreed to cooperate and it was discovered that millions of dollars in bribes was paid to Mark Ciavarella and Michael Conahan. 

The scandal is particularly disheartening because the victims were juveniles. It is impossible to say how many juveniles were affected by the scandal however at least one committed suicide after receiving a sentence for a first time offense. Edward Kenzakoski's mother appeared on the steps of the courthouse where Mark Ciavarella was being prosecuted to bring attention to the plight of her son who committed suicide. 

Fresno Area Judges

As an attorney practicing in the Fresno, CA area for years, I can honestly say that I have never had a single judge waiver in their integrity. Without so much as a hint of corruption, every Fresno judge I have dealt with has carried out their duties in an honorable manner. That is not to say that I have always agreed with their rulings. In fact, I believe that many judges have worked as district attorneys and it is impossible for them to completely eliminate some of their biases and prejudices. With that being said, they do carry out their job with integrity and honor. 

It is a good thing that Fresno judges have integrity because it is the foundation of a justice system. Even if you know that a particular judge is conservative or strict in his sentencing, you can plan for that and consider that fact when litigating a case. When judges compromise their ethics and morals the entire system is compromised. 

It is the knowledge that judges are fair and impartial that forms the bedrock of our system. When a dispute arises, people know that they can go to court and get assistance resolving the problem from an impartial person that will follow the rule of law.  

Four Part Immigration Plan

President Obama Outlined A Four Part Plan 

January 30, 2013. Las Vegas, NV 

On January 29, 2013, President Obama announced a four part immigration reform policy. One day after the United State Senate announced their own immigration reform plan, the executive branch provided a plan to overhaul immigration in the United States. 

Due to the national security implications and the fact that more than 15 million people are in the United States illegally, immigration reform has become a hot topic in the country. A plan that will eliminate illegal immigration, address the aliens that are in already in the country illegally and provide a method to track guest workers, is desperately needed. 

Pathway to Green Card and Citizenship

The most controversial component of Obama's four part plan is a pathway to citizenship for people that are in the United States illegally. Republicans argue that any plan that would allow illegal aliens to gain citizenship would reward people for breaking the law and would be unfair to people who followed the law when they immigrated. 

Under the proposal from the White House applicants would have to undergo criminal background checks and learn English to obtain a green card and become a citizen. Additionally, everyone who entered the United States illegally would have to pay all the taxes they owed and a fine for breaking the law. 

The pathway to citizenship described by President Obama was not called amnesty however it is essentially the same thing. This has been a sticking point for immigration reform opponents. The reality is that there are millions of people in the United States that entered illegally. Many of those people that entered had children here in the United States, those children are U.S. citizens. Even if the government could identify every illegal immigrant, there would be huge economic and ethical issues with deporting them. 

Any successful effort to reform immigration in the United States must include a component that provides a pathway to citizenship for illegal aliens. It appears that some type of immigration reform is going to pass into law this year. I will stay abreast of developments and continue to write about it as time goes on. Tomorrow I include a post about the other elements of President Obama's immigration reform plan. 

Immigration Reform in 2013

Immigration Reform Proposed by Bipartisan Group

United States Senator John McCane (R-Az) announced today that a group of senators have a bill that will reform immigration laws in the United States. The announcement came one day ahead of President Obama's expected discussion of immigration in United States scheduled for January 29, 2012 in Las Vegas.

Proposed Plan to Provide a Type of Amnesty

A sticking point of immigration reform that has long plagued efforts to overhaul United States' immigration law policy has been amnesty. Republicans traditionally have been unwilling to accept any form of amnesty. The plan as outlined by McCane and others will include a component that isn't called amnesty however it functions much like amnesty. 

Without providing any details, McCane called for payment of back taxes by anyone wishing to remain in the United States regardless of how they came to the U.S. Additional provisions of the plan include new rules covering immigration to the U.S. and guest worker programs. 

Immigration Reform Desperately Needed

According to most sources there are more than 15 million undocumented aliens in the U.S. Many of this people have been here for more than ten years. Some people have been here for more than twenty years. The vast majority of these people are hard working members of society, however they live in fear of being deported or unable to use resources that they pay for like police or human services. 

Additionally, immigration reform should help address concerns about terrorism and national security. Regardless of whether it is for national security, public safety or efficient collection of taxes, immigration reform is desperately needed. We look forward to tomorrow when President Obama will outline his plan for immigration reform. 

California Drug Diversion Programs

Brought to you by Fresno defense lawyer Daniel K Martin

Defendants charged with drug offenses in California may qualify for a drug diversion program instead of jail or prison. Anyone charged with a drug offense should research the options and ask their attorney about potential drug programs. 

The three most popular drug programs in California are PC 1000, Prop 36 and P.C.D.C. (Post Conviction Drug Court) This post will cover P.C. 1000, however each of these programs requires that the defendant be charged with a drug offense and no non-drug related offenses. (The term 'non-drug related' can confusing, speak to a criminal defense lawyer to find out if a specific charge is considered to be 'non-drug' related)

P.C. 1000 is California's Initial Drug Program

The first time a person is charged with a drug offense that does not include sales or manufacturing of drugs they will most likely be offered P.C. 1000 drug program. The advantage of P.C. 1000 is that a person can avoid jail time and a negative criminal history if they successfully complete the program. 

The program takes a minimum of 18 months to complete, however it can take longer to complete if a participant violates the terms of the program. The important thing to remember is that there is no way to shorten the program, so make sure that you or your loved one is ready to make an 18 month commitment.

P.C. 1000 is like the other drug treatment programs in the criminal justice system. There are essentially three prongs to each program. All of the programs require that participants drug test regularly, attend AA or NA meetings and attend court dates for review hearings.

The best thing about P.C. 1000 is that partipants that successfully complete the program will be allowed to withdraw their guilty plea and the case will be dismissed. That means that you will not have a criminal record and you can honestly answer that you have never been convicted a crime if you are asked about your criminal history.

Drug Testing

P.C. 1000 requires weekly drug testing. Initially, participant must drug test twice a week. The tests are random and they cost $12 per test. That means that the cost of testing alone is about $100 per month for random drug tests. If a participant tests without submitting any 'dirty' test they may qualify for once a week testing. 

The testing is random, each county will be a little bit different but most have a phone number that participants must call twice a week to find out when they test next. Sometimes the testing is back to back or two days in a row. Other times the testing is a couple of days apart. The goal of the testing is to identify people who have used drugs within a few days of testing or in the case of marijuana within a month of testing. 

If a participant provides a urine sample that reveals drug use then they are subject to punishment. Actually, testing dirty or failing to test as required is punishable by jail time. The good news is that one dirty drug test will not automatically result in termination from the program. In most cases the punishment for a dirty drug test will be two days in jail. 

AA/NA Meetings

Initially participants will be required to attend three AA meetings or NA meetings a week. Alcoholics Anonymous or Narcotics Anonymous meetings are held all over the world. It is easy to find a meeting in most towns. The meetings last about an hour. At the end of the meeting the secretary of the meeting will sign a 'court card' or some sheet of paper that serves as proof of attendance. 

In addition to the AA/NA meetings, participants must also complete a drug treatment program. These programs must be approved by probation (in fact you have to pay probation about $50 and they will give you a referral form for a specific program)

There are various programs available but all of them will require weekly meetings that you can attend while you continue to work or attend school if you need to. The programs cost anywhere from $350 to $600 and last for about a month or two. Once the program is complete the frequency of testing or AA/NA meetings usually is decreased. This means that it makes sense to enroll and complete the program as soon as you can because the rest of the program will be easier if you do not have test or attend as many meetings.

Review Hearings

In the beginning participants attend a court hearing about once a month. After a while this will be reduced to once every six weeks. The judge will hear from the probation department about how the defendant is doing. Probation will confirm that the participant has been testing and the results of the tests. 

TIP: Probation officers and the staff at probation have a lot of jobs to perform and many files to manage. Sometimes they do not maintain records properly. It is very important that participants keep the receipt they get when they test. Every time the participant goes to court they should bring the proof that they tested and the proof that they attended the AA or NA meetings. If probation fails to record a test, the participant can save themselves from going to jail by bringing proof compliance. 

If you or someone you know has been charged with a drug offense, contact a criminal defense lawyer to discus whether or not you are eligible for P.C 1000 or one of the other drug diversion programs. 

Welcome to Fresno Legal

New Law Blog From Fresno Lawyer

Daniel K Martin, a criminal defense lawyer from Fresno, CA, has launched a new site. www.FresnoLegal.blogspot.com Mr. Martin has been a lawyer in Fresno, CA for nearly nine years. He has experience practicing criminal defense, family law, civil law and related fields of law. 

Check back soon for articles about practicing law in Fresno, CA. Specifically, you should be able to find helpful information about Felonies, Misdemeanors, DUI and other criminal charges.