Proffer

So, now I have a client who wants (hesitatingly) to proffer some evidence to a prosecutor. So, what does this client get? Not much, I suppose. Can we get an F3 charge to go away? How about an F5? Who knows?

Anyway, I am researching all the issues surrounding pleas, combining charges, etc to serve my client's interests. Also, I am looking up the various prisons in OH to see which ones, if any, are best for this kind of client (non-violent and repentant).

Hmmmmm.

Anti National ID petition in Britain closed by PM Blair

I usually do not have much time to consider what is going on in our sister nation: Britain. However, a friend sent me a link that I could not ignore. Prime Minister Blair apparently thinks that since criminals frequently use many identity cards, that a national identification card, with biometric info on it is a reasonable solution to identifying and finding criminals. UK's Blair Dismisses Online Anti ID-Card Petition I suspect that it is only really useful for identifying and finding law-abiding citizens.

The apparent premise (frequently used by our national ID supporters) is that if we only tighten up the law, the criminals will stop breaking them.

UK's Blair Responds to Online Anti ID-Card Petition. What? Since when?

Somewhere I saw some information on how much money each British identification card would cost. I recall that it was a lot of money, something on the order of $150 US equivalent.

So, will citizens of Britain have to present their national identification card to collect their welfare benefits?

After personally responding to a multitude of petition signers, PM Blair decided to shut down the petition website! I guess he did not want to know how many people really oppose a national ID in Britain!

Actually, I am truly suprised by the high number of petitions on the 10 Downing Street site.

The duty to retreat

While visiting another nice legal blog The Briefcase
earlier today, I noticed a case that I had not noticed before. In the Sixth District Decision of State v. Hopings a duty to retreat exists when the front door of a building leads to other apartment doors inside the building. So, when the defendant was not inside his own apartment door, but inside the main front door of a house, he had to return to his own door to be protected by the "no duty to retreat" self defense affirmative defense.

So, does this mean that any house that has been split up, and has common hallways or stairways does not afford an individual who lives in that house the protection of no "duty to retreat" at all unless they are behind their individual door?

What happens if it is a old-fashioned boarding house, where each boarder has their own room, but shares a common living room and kitchen? What about fraternity houses?

Although this case was only tangentially about the duty to retreat, the court included this element as portion of the affirmative defense of self-defense. The court stated that the accused must: (1) show that he was not at fault in creating the situation; (2) that he must possession a bona fide belief that he was in imminent danger of death or great bodily harm; (3) that the only means of escape was through the use of force; and (4) that he did not violate the duty to retreat or avoid the danger.

So, does simple "dissing" another person create a situation under which the affirmative defense of self defense would not apply?

No intervention in lieu of conviction, either

OK, now I am upset. If a client has been accused of minor drug trafficking (F5 or higher) or drug possession (F3 or higher), that client cannot qualify for "Intervention in lieu of conviction" either!!

See this!

Checklist for Intervention in Lieu of Conviction

No Pre-trial diversion for certain drug offenders

I hope I am truly wrong and going down the wrong path. I recently discovered that in Ohio, a person accused of a F3 drug possession charge cannot get pre-trial diversion treatment because people are automatically excluded if they are accused of committing a violation of Ohio Revised Code chapter 2925. That code deals with drug offenses.

However, if the person is charged with a marijuana offense, they can get treatment. Drunk drivers get this special treatment, but other drug offenders do not! So, lightweight and socially acceptable stuff like alcohol and marijuana get special treatment. Have a steroid use problem? Solve the problem yourself, and be sure to get yourself out of jail on bail to do it.

So, what can I do for a client who wants drug treatment, and is sitting in jail because the client cannot afford bail? Nothing!