Beware All Ye Who Travel

As has become custom these days, the police are out en masse to stop everyone who may have the misfortune of being in the wrong place at the wrong time. Holiday weekends are prime time to place DUI checkpoints at random places.
Just remember, you do not have to consent to any search. You do not have to consent to the stupid human tricks the police suggest, such as a "field sobriety test." Just say no. It's a good policy.

Just When Congress Couldn't Get Any Dumber

The provision would require the Pentagon inspector general to investigate instances in which there was “reasonable suspicion” that lawyers for detainees violated a Pentagon policy, generated “any material risk” to a member of the armed forces, violated a law under the inspector general’s exclusive jurisdiction, or otherwise “interfered with the operations” of the military prison at Guantánamo.
“No lawyers could possibly predict what conduct might fall within the law,” said David Remes, who represents several detainees. “It would therefore be impossible for Guantánamo lawyers to represent their clients effectively and zealously.”

Red Light Cameras...Friend or Foe?

How effective are red light cameras?

RLC systems are intended to increase the safety at intersections. So, do they work?

The Virginia Transportation Research Council released a report expanding upon earlier research into the safety effects of red light cameras in Virginia. Despite showing an increase in crashes, this study was instrumental in the return of red-light cameras to the state of Virginia. With a proven negative safety impact, the clear incentive to bring back the cameras was money.

Some of the conclusions of the study include that rear-end crashes increased in the six-jurisdictions studied by approximately 27%. In fact, the study did not show a definitive safety benefit associated with camera installation with regard to all crash types, all crash severities, and all crash jurisdictions.

Today, Governor McDonnell announced new procedures for the restoration of civil rights. The remarkably ambitious project means that decisions will be made within 60 days of receipt of all the required information.
According to the announcement, the process "will be the fastest and fairest in recent Virginia history."
In addition to the streamlined process, the Governor also announced that he is shortening the time individuals convicted of non-violent felonies must wait before applying for their restoration of their rights. Currently, the waiting period is three years. It will be reduced to two years.

If You're Ugly, Stay Out Of Court

"{M]ore attractive defendants in court are less likely to be found guilty than less attractive ones. If there are damages, then more attractive people tend to receive higher rewards and in criminal cases, better-looking defendants receive lower sentences.
This phenomenon has been proven by more than 30 studies conducted over the past 60 to 70 years, according to Gunnell."

Prosecuting Crimes in Juvenile Court

Juvenile delinquency matters really do matter and they really are serious. Juveniles can be ordered into juvenile probation, residential treatment facilities, and can be sentenced to juvenile detention for up to 30 days. Juveniles convicted of felonies or multiple misdemeanors can be committed to the Department of Juvenile Justice for up to three years. The most serious juvenile matters, where the juvenile is tried as adult, can result in an adult prison sentence. Juvenile offenses are anything but trivial or “just” juvenile court.

Delinquency adjudications are not always hidden from the public. They do not always just “disappear” upon hitting adulthood. The truth is that a juvenile felony conviction will be a part of one’s criminal history for the rest of one’s life. It does not disappear. It is not automatically expunged. Juveniles in these situations will be treated just as adults with the same consequences as adults.

The story is somewhat more promising for misdemeanors. Misdemeanor juvenile adjudications will be expunged when the person reaches 19 years of age or after five years from the delinquency adjudication.

There is an entirely different rule for traffic matters. When a juvenile is found guilty of a juvenile offense, that traffic offense can remain on a persons Department of Motor Vehicles record until the age of 29.

Virginia’s Once an Adult, Always an Adult. If a juvenile is deemed an adult in a proceeding, “[t]he trial or treatment of a juvenile as an adult pursuant to the provisions of … [Virginia’s juvenile code] shall preclude the juvenile court from taking jurisdiction of such juvenile for subsequent offenses committed by that juvenile.” According to the Virginia Supreme Court, the juvenile is now an adult for any subsequent charges. Thus, a misdemeanor offense that would not normally be brought against a juvenile in the adult court, must be prosecuted in the adult court if the juvenile was tried or treated as an adult in a prior proceeding.

In addition to the consequences of being adjudicated a juvenile delinquent, merely charging a juvenile with certain crimes requires notice to the superintendent of the school the juvenile attends. The juvenile charge may be required on a college application.

Juveniles 14 years of age or older and who are charged with certain violent offenses will tried as an adult, assuming probable cause that he or she committed the crime is established.

An adjudication of delinquency or a deferred finding on a misdemeanor could result in the juvenile’s license suspension.

Offenses such as underage alcohol possession, marijuana possession, or truancy require a juvenile’s license be suspended. If a juvenile does not have a license at the time of the adjudication, the juvenile’s chance to get a license may be suspended.

An adult found guilty of a crime and who has a juvenile record may increase a sentence.