Dylann Roof Will Call No Witnesses For Sentencing

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The criminal case against Dylann Roof is captivating the nation and, according to an ABC report, Roof says he will not call any witnesses during the sentencing phase of the death penalty case against him. [1] Roof is representing himself in the case wherein Roof was found guilty of killing multiple parishioners of the Charleston, South Carolina church.

Witnesses

The purpose of calling witnesses on behalf of the defense in the sentencing phase of a trial is to plead for a lesser punishment. In the case where the death penalty is in play, calling witnesses could help to spare the life of the convicted.

An alternative to the death penalty is a life sentence, in which the person convicted spends the remaining years of his or her life in prison.

Darren Kavinoky, founding attorney of 1.800.NoCuffs, says, “This is also an excellent illustration of how capital cases (i.e., cases involving the death penalty) are unique. Whether those criminal cases are in state court or federal court, they are broken up into two separate and distinct phases: the so-called ‘guilt phase,’ where the jury is tasked with deciding whether the government has proved each and every element of their case beyond a reasonable doubt; and the ‘penalty phase,’ where the choices are life in prison without the possibility of parole, or death.”

Roof continues to assert his right to represent himself.

SOURCES
1. Emily Shapiro. December 28, 2016. ABC News. “Dylann Roof Says He Won’t Call Witnesses During Sentencing in Federal Death Penalty Case.” Retrieved via http://abcnews.go.com/US/dylann-roof-call-witnesses-sentencing-federal-death-penalty/story?id=44429348.

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Deadly 2016: From Celebrity Deaths to DUIs

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It was a deadly 2016. From the litany of celebrities lost to deaths on the road from DUI, the past twelve calendar months leave a dark cloud of loss over the memory of 2016. “Who died in 2016” is now a popular search term as the public digests all of the lives the year has taken.

From notables in government to greats in the entertainment industry and sports, 2016 buried people who defined generations. Janet Reno, Tom Hayden, Alan Thicke, Prince, John Glenn, Carrie Fisher, George Michael, Zsa Zsa Gabor, Florence Henderson, Leonard Cohen, Arnold Palmer, Jose Fernandez, W.P. Kinsella, Gene Wilder, Garry Marshall, Elie Weisel, Christina Grimmie, Gordie Howe, Muhammad Ali, Morley Safer, Doris Roberts, Will Smith, Patty Duke, Merle Haggard, Garry Shandling, Frank Sinatra Jr., First Lady Nancy Reagan, Harper Lee, U.S. Supreme Court Justice Antonin Scalia, Glen Frey, and David Bowie are just a few of the accomplished individuals who passed away in 2016. [3]

On top of all of that, CBS News reports that 2016 may go down as the deadliest year on record for DUI as well. [1] The report cites this statistic from NHTSA, “Every day, 28 people in the United States die in an alcohol-related vehicle crash—that’s one person every 53 minutes.” [2] Despite campaigns to educate the public on the dangers and consequences of drunk driving, the rates of DUIs are going up according to this CBS report.

Deadly 2016

NHTSA administrator, Dr. Mark R. Rosekind says in an interview with Kris Van Cleave, “We’re seeing these increases that we have not seen in fifty years. It’s tragic.”

SOURCES
1. Kris Van Cleave. December 26, 2016. CBS News. “M2016 feared as deadliest year for drunk driving.” Retrieved via http://www.cbsnews.com/videos/2016-feared-as-deadliest-year-for-drunk-driving/.
2. NHTSA. Retrieved on December 27, 2016 via .

3. CNN. Retrieved on December 27, 2016 via http://www.cnn.com/2016/01/05/world/gallery/people-we-lost-2016/index.html.

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Mom Hands Child Sippy Cup of Wine When Pulled Over for DUI

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If you are pulled over for a DUI, don’t complicate your arrest. Alcohol is a known substance that “reduces the function of the brain, impairing thinking, reasoning and muscle coordination.” [1] In Goshen, Ohio, a mom admitted to handing her sippy cup full of wine to her 5-year-old child in the backseat of the car after she was pulled over for a DUI. [2] This is an example of impaired thinking that can complicate matters if you are pulled over for DUI. Elizabeth Louise Floyd, age 27, was booked in Hamilton County on December 23, 2016. [3]

DUI Arrests

Floyd’s case is an example of how people panic when they are pulled over and they know they have been drinking. While the best way to avoid being arrested for DUI is not to drink and drive, our attorneys also understand the fear and panic of being pulled over. Making a rash impulsive decision to hand alcohol to a child is ill-advised as it can complicate your case and add to the charges filed against you.

If you are pulled over for a driving under the influence, remain calm. As Founding Attorney of 1.800.NoCuffs Darren Kavinoky, always says, “The right to remain silent only helps you if you choose to exercise it.”

Be polite but let an experienced DUI attorney answer the questions for you. If you are looking for information on how to fight a DUI, download our free “California Legal Guide” eBook here.

SOURCES
1. NHTSA. Retrieved on December 27, 2016 via .

2. Staff. December 27, 2016. Via Tribune Media Wire on q13fox.com. “Mom pulled over for DUI handed wine ‘sippy cup’ to 5-year-old in backseat, police say.” Retrieved via http://q13fox.com/2016/12/27/mom-pulled-over-for-dui-handed-wine-sippy-cup-to-5-year-old-in-backseat-police-say/.

3.

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Mistrial For Sheriff Lee Baca Not A “Get Out Of Jail Free Card”

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According to KABC in Los Angeles, the former LA County Sheriff Lee Baca trial ends in mistrial today. The article states, “Baca, 74, was facing trial for conspiracy and obstruction of justice for allegedly interfering with an FBI investigation into civil rights abuses and corruption in the Los Angeles County jails.” [1]

Sheriff Lee Baca

Of the mistrial, Founding Attorney of 1.800.NoCuffs Darren Kavinoky says, “A deadlocked jury doesn’t mean a ‘Get out of jail free card’ for Mr. Baca; prosecutors have the discretion to have a do-over, to settle the case, or to dismiss.”

“This is a window period where a great criminal defense lawyer is worth his or her weight in gold, and truly impact the outcome,” says criminal defense attorney Darren Kavinoky.

According to the LA Times, “Jurors said they were split 11 to 1 in favor of an acquittal.” [2]

Tweets on the breaking news today about the mistrial declared in Sheriff Lee Baca’s case:

SOURCES
1. Staff. December 22, 2016. KABC. Retrieved via http://abc7.com/news/mistrial-declared-in-ex-sheriff-lee-bacas-corruption-case/1669080/.

2. Victoria Kim and Joel Rubin. December 22, 2016. LA Times. Retrieved via http://www.latimes.com/local/lanow/la-me-ln-sheriff-lee-baca-trial-20161221-story.html.

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Toddler In Arkansas Innocent Victim of Road Rage

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A three-year-old is the latest victim of gun violence in what the Little Rock Police Department are dubbing an incident of “road rage.” [1]

The police are offering a $20,000 reward for information about the shooting.

Mental Health

Of the tragic incident, Founding Attorney of 1.800.NoCuffs Darren Kavinoky says, “It’s a sadly consistent element of the holiday season that with more crowds, more lines, and more expense, we see more road rage and shootings.”

“What a great time of year for people to practice yoga, meditation, or something as simple as counting to 10, rather than pulling out a gun to solve what they believe is their problem,” adds Kavinoky. “The real problem often lies between our ears and the fact that we as a society love to carry guns with us everywhere we go.”

“If we can deal with the real issues,” Kavinoky concludees, “rather than merely the symptoms, perhaps we can break the cycle of violence that resembles rearranging deck chairs on the Titanic.”

Violent Crime in the United States

SOURCES
1. Staff. December 19, 2016. ABC 13 News Now. Retrieved via http://www.13newsnow.com/news/local/lrpd-respond-to-jc-penney-shooting-3-year-old-in-serious-condition/373032105.

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Fake News Criminal Twist From Pizzagate to Assault Weapons

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The recent fake news about the Comet Ping Pong “Pizzagate” incident allegedly born out of a political smear campaign [1], ended with a man waving an assault weapon in the establishment demanding to know if a pedophile ring is being run out of the restaurant’s basement. It isn’t. The entire story about the pizza place and conspiracy theory, now dubbed Pizzagate, is a product of the “fake news” now circulating the internet. The accused Pizzagate gunman, Edgar Maddison Welch, pled not guilty today to charges that include both federal crimes and “local gun charges.” [2]

Fake News

Fake news can be motivated by pushing a political agenda, put out to benefit the finances of an entity, click bait, or even started by a private citizen’s social media post, who may not understand the importance of fact checking, sourcing, or the power and viral potential of a Tweet. [3] But what impact does fake news have on a society that believes stories that appear in their social media feeds? It remains to be seen if fake news sources can be held liable for spreading false information, but a report from the Washingtonian says there may be potential legal options for Comet Ping Pong. [4]

And what will likely happen to the accused gunman Edgar Maddison Welch in the case? I asked criminal defense lawyer Darren Kavinoky, the Founding Attorney of 1.800.NoCuffs to weigh in on the Welch’s situation.

Mental Health

“This is a case that screams ‘mental health issues,’” Kavinoky says. “Sadly, in the adult criminal justice system, where the focus is on punishment (rather than rehabilitation), and the few resources are already stretched perilously thin, the likelihood of this clearly troubled person receiving adequate treatment is slim. This focus on the symptoms, rather than the underlying causes for this highly dangerous behavior, is surely contributing to the recidivism rate that is so outrageous. It’s estimated that more than two-thirds of those who go to prison are returned to custody, and until we are willing to admit we’ve been doing it wrong, it’s analogous to rearranging deck chairs on a ship called the Titanic. You can feng shui those chairs all you like, but until and unless you deal with the iceberg problem, the ship is going down.”

Kavinoky adds, “It’s also noteworthy that there was no attempt to secure pretrial release. Detention or bail hearings are unusual in the criminal justice system, in that they are the one place that the criminal defendant does not enjoy the presumption of innocence. Instead, when considering bail, the judge presumes the defendant is guilty of the offense, and fixes bail in an amount necessary to secure their appearance, keeping in mind two key issues: flight risk and danger to the community. Here, the criminal defense lawyer didn’t even raise the issue. That is likely a wise tactical move at this point, and may foreshadow a defense tied to the defendant’s mental health (or lack thereof).”

SOURCES
1. Kate Samuelson. December 5, 2016. Time. “What to Know About Pizzagate, the Fake News Story With Real Consequences.” Retrieved via http://time.com/4590255/pizzagate-fake-news-what-to-know/.

2. Ben Nuckols. December 16, 2016. AP/ABC7. “Accused Pizzagate gunman in Comet Ping Pong pleads not guilty.” Retrieved via http://wjla.com/news/local/accused-pizzagate-gunman-in-comet-ping-pong-case-to-appear-in-court.

3. Sapna Maheshwari. November 20, 2016. NYTimes.com. “How Fake News Goes Viral: A Case Study.” Retrieved via http://www.nytimes.com/2016/11/20/business/media/how-fake-news-spreads.html?_r=0.

4. Benjamin Freed. December 9, 2016. Washingtonian. “Comet Ping Pong Has Legal Options, But They Won’t Make “Pizzagate” Go Away.” Retrieved via https://www.washingtonian.com/2016/12/09/comet-ping-pong-has-legal-options-but-they-wont-make-pizzagate-go-away-entirely/.

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Must-Know Alcohol Facts & Figures

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Alcohol Levels Changing Over Time

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Dylann Roof Found Guilty and Faces Death Penalty: Darren Kavinoky Explains the Findings

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According to a CNN report, Dylann Roof has been found guilty of all charges including 9 murder charges in the Charleston church shooting and faces the death penalty. The accused, Dylann Roof, elected to represent himself at trial. [1]

Darren Kavinoky, founding attorney of 1.800.NoCuffs, weighs in on the ruling in the Dylann Roof case and what lies ahead for him in the sentencing phase of the case which is scheduled for January of 2017. Says Kavinoky, “This is also an excellent illustration of how capital cases (i.e., cases involving the death penalty) are unique. Whether those criminal cases are in state court or federal court, they are broken up into two separate and distinct phases: the so-called ‘guilt phase,’ where the jury is tasked with deciding whether the government has proved each and every element of their case beyond a reasonable doubt; and the ‘penalty phase,’ where the choices are life in prison without the possibility of parole, or death.”

Kavinoky adds, “In this case, the evidence of guilt was so overwhelming that the defense tactic of abbreviating the trial was the best tactical move they could have made to maintain credibility with the jurors. The defense lawyers in this case appear to be focused on the one thing they may yet achieve: saving his life.”

Death Penalty

On the issue of the death penalty, which is a possible outcome for Roof, Kavinoky says, “Many who take issue with the death penalty focus on the challenges of a heavily-burdened, often-broken and sometimes demonstrably wrong judicial system. For example, since the reinstatement of the death penalty in 1976, there have been over 150 exonerations from death row. In each one of those 150+ cases where the criminal defendant had a date with the executioner, every single safeguard in the system broke down. This is, of course, unrelated to the nearly 2,000 people who have been exonerated from over 10,000 wrongfully served years in prison.”

“Dylann Roof does not fall into that category, and the obviousness of his guilt left his defense team with the only possible option remaining: to try to save his life,” explains Kavinoky. “Whether they will be successful or not is too soon to tell. Stay tuned, but please tell me what you think. Should it be ‘an eye for an eye?’ Or do we believe so much in the sanctity of life that we need to be an example, even in the face of evil? Would you feel differently if it were one of your relatives who was victimized? Isn’t the depiction of Lady Justice as being blindfolded a metaphor to disregard that natural emotional pull towards revenge?”

“It’s as if there’s a two-sided coin being flipped, one side reading ‘justice’ and the other ‘mercy.’ Which do you choose?” asks Kavinoky.

SOURCES
1. Nick Valencia, Catherine E. Shoichet and Keith O’Shea. December 15, 2016. CNN. “Dylann Roof trial: Jury returns guilty verdict on all charges.” Retrieved via http://www.cnn.com/2016/12/15/us/dylann-roof-murder-trial/index.html

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Criminal Case Assistance

Criminal Defense attorney Darren Kavinoky is the founding attorney of 1.800.NoCuffs. The California law firm has decades of experience fighting DUI and cases of criminal charges.

Minors Accused of Setting Tennessee Fires Face Aggravated Arson Charges

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CNN News reports that the two juveniles now being charged with “aggravated arson” for the Tennessee fires that killed 14 people and injured 175 more people affected by the blazes. Prosecutor James Dunn, speaking live at a press conference yesterday, said, “All options available to the state in dealing with juveniles are on the table including the possibility of seeking a transfer of these juveniles to adult criminal court.” [1]

“Every state has some kind of legal mechanism in place for juveniles to be tried in adult criminal court, and if convicted, to receive an adult criminal sentence,” says criminal defense lawyer Darren Kavinoky, Founding Attorney of 1800NoCuffs, The Kavinoky Law Firm. “The laws vary from state to state, and typically include some provision where children that are below a certain age are legally deemed to be incapable of forming the intent to commit a crime. But as children get older, and the criminal charges become more serious, there is an increasing likelihood that those kids will be treated like adults in the criminal justice system.”

“The juvenile justice system is focused on rehabilitation, in ensuring that juvenile offenders do not become repeat customers of the justice system,” says Kavinoky. “What offends many is that the juvenile system has a cap on the amount of time juveniles can spend in custody, where those may not exist in the adult justice system (where the focus is on punishment, not necessarily rehabilitation). So, for example, if a minor is convicted of a serious crime in juvenile court in California, the California Youth Authority loses jurisdiction when the minor turns 25, which infuriates many people, and has resulted in a change in the law where, depending on the age of the minor, and the crime they are charged with, will either require them to be tried as adults, or at least give prosecutors the option to certify the minor from juvenile court to adult court. However when they get to adult court, though, those minors face the possibility of adult punishments, including life in prison, for serious crimes.”

Arson Crimes

Jamie Satterfield for Knoxville News reports that the two minors (ages 17 and 15) charged with aggravated arson by Sevier County Juvenile Court were, “horsing around with matches, sources say.” [2]

Arson, as defined by the FBI, is “any willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.” [3] According to Findlaw.com, “Arson statutes typically classify arson as a felony due to the potential to cause injuries or death.” [4]

Aggravated Arson

The minors in Tennessee are facing Aggravated Arson charges which typically are filed when, “arson [is] accompanied by some aggravating factor, as when the offender foresees or anticipates that one or more persons will be in or near the property being burned.” [5]

SOURCES

1. Kevin Conlon. December 15, 2016. CNN. “Prosecutor: ‘Everything on the table’ for juveniles charged in deadly fire.” Retrieved via http://www.cnn.com/2016/12/14/us/tennessee-wildfire-charges/index.html.

2. Jamie Satterfield. December 9, 2016. Knoxville News Sentinel. “Sources: Teens toying with matches started Gatlinburg wildfire.” Retrieved via /.

3. FBI. Retrieved on December 15, 2016 via .

4. Findlaw.com “Arson.” Retrieved on December 15, 2016 via http://criminal.findlaw.com/criminal-charges/arson.html.

5. U.S. Legal. “Aggravated Arson Law and Legal Definition.” Retrieved on December 15, 2016 via https://definitions.uslegal.com/a/aggravated-arson/.

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The 24 Visual DUI Detection Clues

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The-24-Visual-DUI-Detection-Clues

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