Jury Finds Federal Corrections Officer Guilty on Civil Rights Charges

A federal jury has found Edwin Sharma, a former Bureau of Prisons officer, guilty of conspiring to violate the civil rights of Richard Delano, an inmate, and of violating his civil rights by arranging for another inmate to assault him. Sharma is now facing the possibility of life imprisonment on each of these charges and a $250,000 fine.

On March 1, 2005 Sharma and a co-conspirator moved Richard Delano into another inmate’s cell at Coleman Federal Correctional Complex. At trial, the evidence demonstrated that Sharma knew the inmate was likely to assault Delano and actually encouraged the inmate to assault Delano. On March 4th, the inmate assaulted Delano. This assault eventually led to the death of Delano because of the injuries he sustained during the assault.

http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/07-29-2009/0005068658&EDATE=

Traffic Citation in the Mail

Over a dozen jurisdictions in Florida are placing cameras at intersections to catch people who are running through red lights or not making a complete stop before attempting a right hand turn during a red light. Violators who are caught by the camera receive their traffic citation in the mail, along with a picture of their vehicle taken during the violation. Fines for a person’s first two violations are $125 each. All violations after that are $250 each. Lakeland and Temple Terrace are among the cities with cameras in place.
http://www2.tbo.com/content/2009/jul/29/tickets-red-light-cameras-bring-delayed-lesson-law/news-metro/

FBI to Oversee Sarasota Police Investigation

The City of Sarasota Police Department asked the FBI to oversee its investigation into an incident involving one of its police officers and alleged excessive use of force. On June 26, Officer Christopher Childers arrested Juan G. Perez on charges of disorderly intoxication and obstructing an officer without violence. Upon arriving at the jail, Perez squeezed his way out of the squad car’s rear open window and landed face first on the pavement. A few minutes later, Perez attempted to stand up and Officer Childers kicked him two times and then stood with his foot on Perez’s torso for about five minutes. All of this occurred while Perez was still handcuffed.
The City of Sarasota asked for the FBI’s involvement after the Sarasota Herald-Tribune discovered that the detective investigating charges against Officer Childers also negotiated a civil settlement with Perez.

http://www.heraldtribune.com/article/20090715/ARTICLE/907151037/0/NEWSSITEMAP
http://www.heraldtribune.com/article/20090717/BREAKING/907179933/-1/NEWSSITEMAP

Upstanding Citizens Unknowingly Commit Federal Crimes

On July 21, 2009, Representatives Louie Gohmert and Bobby Scott held a hearing in front of Congress to discuss the issue of Federal Laws that land thousands of average American citizens in federal prison every year. Federal Law now encompasses thousands of criminal offenses which are substantially less severe then those which include the obvious inherently wrongful conduct. Offenses such as forgetting to put a federally mandated safety sticker on a UPS package or violating any fish or wildlife law or regulation of any nation can land a person in federal prison even if he or she did not intend to commit the offense. Although it will take time, it is promising that Congress is taking a step to help stop this over criminalization.

http://www.foxnews.com/opinion/2009/07/21/heritage-house-law/

Michael Maddux, PA adds Hurricane Insurance Claim Representation

Michael Maddux P.A. can help you negotiate through the insurance issues arising from Hurricane related litigation. See The Florida Hurricane Attorney

Now Michael Maddux, P.A. can help you with Hurricane Insurance Claim Representation, State Criminal Defense, FL Statute 3.850, State Criminal Defense Appeals, Federal Criminal Defense, D.U.I., Formal Review Hearings, Federal Criminal Defense Appeals, Juvenile Delinquency, Juvenile Delinquency Appeals, Juvenile Dependency, Juvenile Dependency Appeals, Personal Injury, Automobile Accidents, Motorcycle Accidents, Premise Liability, Wrongful Death and P.I.P. Litigation.

Uninsured Motorist Coverage

Uninsured Motorist Coverage provides protection against two types of drivers, drivers who do not have insurance coverage and drivers who do not have enough insurance. These drivers are called uninsured and under insured motorist. This type of protection offers coverage in two situations. The first type applies to live-in relatives of the insured. The second type refers to those inside the car when the car of the insured is in a crash. In certain situations coverage may not be in effect if injury occurs when a person starts to walk away from the vehicle.

Why Did Michael Jackson’s Person Physical Hire An Attorney?

With all of the media attention and controversy surrounding the death of Michael Jackson, his alleged use of prescription drugs and his personal physician, who was present at the time of his death, the fact that the physician has hired a criminal defense attorney to represent him during the investigation may lead many to believe he has something to hide. However, it is not an uncommon practice for individuals being questioned by police during an investigation to be represented by an attorney and, in this case especially, is a wise thing to do. Even if police do not consider a person a target of an investigation, that person has a right to have an attorney present to protect their rights as guaranteed by the United States Constitution. In cases such as this, where there are no clear answers as to what happened, it is even more important to hire a criminal defense attorney before being questioned by the police. This right is reinforced by Miranda v. Arizona wherein the government must advise any individual being questioned of their right to have an attorney present to protect your Fifth Amendment privilege against self incrimination and that any statements made by the individual, whether they are a suspect or simply a witness, can and will be used against them. Even if you know you are completely innocent, you do not want to be put in the position of saying something the police could potentially use against you during the investigation. Many people are intimidated by the police and their nervousness may cause them to say or do something that is misinterpreted by investigators. An attorney can guide the individual through the questioning process to ensure the person does not unwittingly incriminate themselves.

http://www.examiner.com/x-12971-Houston-Legal-Issues-Examiner~y2009m6d30-Why-does-Michael-Jacksons-personal-physician-need-a-criminal-defense-lawyer

New Seat Belt Law in Florida

Starting June 30, 2009 law enforcement officers can stop you for the single offense of not wearing your seat belt. Officers no longer have to have another reason to stop a vehicle to issue a citation for a seat belt violation. Now, motorists can be ticketed if either they or their front seat passengers fail to wear their seat belt. All passengers under 18 years of age are also required to wear seat belts, regardless of where they are sitting in the vehicle. The penalty is a $30 fine plus administrative and court costs, which makes most tickets cost about $100, varying by county.

Disparity in Cocaine Sentences May Soon End

President Obama recently voiced his desire to change federal law concerning the sentencing disparity between crack and powder cocaine crimes. Under current federal law, it takes five-hundred grams of powder cocaine to receive a five-year mandatory minimum sentence. On the contrary, it only takes five grams of crack cocaine to receive that same sentence. Interestingly enough, 9/10 of crack cocaine arrests are of African Americans, while 3/4 of powder cocaine arrests are of white people. Changes in sentences will hopefully end this example of institutionalized racism in the criminal justice system.