Is Skylar Richardson getting off too easy? – Cincinnati News, FOX19-WXIX TV

CINCINNATI, OH (FOX19) -The aggravated murder case against a teenage mother accused of killing and burying her own newborn infant in her backyard is exploding on social media.Some people already calling Brooke “Skylar” Richardson, 18, the next Casey Anthony, saying she is being treated too well by the justice system. A Warren County judge issued a gag order Thursday after Warren County Prosecutor David Fornshell confirmed what we knew two weeks ago: the baby was, in fact, a girl.There’s a growing movement on Facebook to fight for justice for that baby girl lost.Supporters of that movement are calling her “Baby Carlisle,”  though Fornshell says court officials now refer to her as “Baby Jane Doe”.They’re planning to be vocal, to picket and protest.Some people tell us they’re worried. They are urging pushing for others to write the prosecutor and the judge so that fragile life was not lost in vain.Social media is exploding, and people are paying attention to the numbers and to other cases, saying Richardson is already getting preferential treatment, starting with a low bond and home confinement.”I think it was a kick in Fornshell’s face,” one woman told us. “When he asked for a million dollar bond and she got out on $50,000.””I literally have nightmares every night,” the woman told us, in somewhat graphic detail. “All I can do is pray, because the only person that matters in this whole case, is that precious baby girl.””The Kinsley Kinnard case, I want to say the mother of that case was $250,000, the boyfriend was $1 million. You just had the Franklin lawyer case, I believe it was burglary, he had a $100,000 bond,” another man told us. But keeping her baby, Fornshell said in a news conference last week, was never an option.”That was something that was simply not going to be accepted in that household, at least by Skylar and her mother,” said Fornshell.The baby girl he said, was murdered, then burned in the family fire pit and buried in the back yard, gory details, which are tearing people in the county apart.”But we have all these people, because she’s a blond, pretty cheerleader, with mommy and daddy’s money, oh poor, poor pitiful Brooke, she was just afraid of her mom. No!,” the woman was emphatic. “She was an adult!”A group is planning to picket and protest outside Skylar’s next pre-trial hearing, calling for justice for Baby Jane Doe.They said, with a gag order in place, it’s time for the community now, to be the voice for that little baby girl.We did some extensive background searching on the family, and here’s what we’ve found out so far:The teen’s father, Scott Richardson, has no criminal history aside from traffic violations and an OVI back in 2005.He was, however, briefly a member of the Carlisle Village Council in 2011, winning a seat vacated by another council member.This was disputed by rival Terry Johnson and after the Ohio Supreme Court heard the case, Richardson had to step down.http://cases.justia.com/ohio/supreme-court-of-ohio/2011-1464.pdf?ts=1396139781http://www.akronlegalnews.com/editorial/2729As for the teen’s mother, Kim Richardson, who was seen in her daughter’s second court appearance wearing sunglasses in court, a search of her background provided no criminal information.Their daughter faces life in prison.She is charged with aggravated murder, involuntary manslaughter, gross abuse of a corpse,tampering with evidence and child endangering.She was a pretty and popular cheerleader now accused of a hideous crime, killing, burning & burying her baby in the backyard.She has no criminal past and with no means beyond her family, is why some suspect the judge let her out on a $50,000 bond.And by all accounts, this family concerned about keeping up appearances, has a mountain of legal obstacles ahead.“Skylar and her family, particularly her mother, we pretty obsessed with external appearances and how things appeared to the outside world,” Fornshell said.

Source: Is Skylar Richardson getting off too easy? – Cincinnati News, FOX19-WXIX TV

I Am Innocent! Why Should I Hire A Criminal Attorney?

I Am Innocent! Why Should I Hire A Criminal Attorney?

‍If you are taking prescription drugs, please be aware that you can be charged and convicted of a DUI – and you can even face jail and a suspended license.

If you are using any prescription that causes drowsiness or dizziness, please do NOT drive because you can be charged with a DUI even if you have small amounts of narcotics in your system.

There are even more complications when you drink alcohol while you are taking medication. It is impossible to know what effects the alcohol and medication will have in your system and the consequences of driving after consuming alcohol with medication can turn deadly and you can be charged with a felony DUI if you injure or kill someone as a result of your driving.

Have you been arrested or charged with a crime? If so, you should contact a criminal defense attorney immediately.

But I am Innocent! Won’t the Courts Straighten it Out?

If you are innocent of the charges you are being accused of, you need to have legal representation that will advocate effectively on your behalf.

Innocent people are arrested and convicted all the time, so in order for you to ensure you are not convicted of a crime you did not do, contact an attorney that handles criminal, DUI and traffic offenses.

Can I Represent Myself In Court?

The Sixth Amendment gives the right to represent oneself, but that does not mean you should do it. 

For a defendant to represent himself, there must be a knowing, intelligent and voluntary waiver, giving up the right to an attorney.  A defendant must make the request, but the judge is not required to grant the request.

When a defendant chooses self-representation, the court will require a hearing in order to evaluate a person’s competency where the trial judge will ask legal questions to evaluate whether the defendant is competent. The test the judge uses is whether the defendant is intelligently waiving the right to counsel.  Even if the judge finds the defendant competent, the court may appoint a standby counsel to assist.

If the defendant exercises his right to self-representation, the defendant cannot later complain that the quality of his defense denied him effective assistance of counsel.

Do I have a Right to a Lawyer?

A defendant’s Sixth Amendment right to counsel attaches when the government initiates adversarial criminal proceedings.  Arraignments are the first of many criminal proceedings and thus, the assistance of counsel clause is guaranteed by all defendants in misdemeanor and felony cases.

The Sixth Amendment guarantees a defendant the right to have an attorney represent him.  If the defendant cannot afford an attorney, one must be appointed at the state’s expense.  The attorney must give effective assistance, and the representation must be conflict free.

Do I Get a Pick My Own Lawyer?

Most people do not know that if you retain your own attorney, you have a right to choose the attorney.  By hiring an attorney that best suits your needs, you will obtain a DUI or criminal lawyer that has experience, knowledge of the law, and will provide you with proactive strategies to obtain the best possible results.

What If There is a Conflict of Interest?

Defendants must also receive conflict free representation.  Lawyers have conflict of interests when one client has an interest adverse to those of the other client.  The most common example is simultaneous representation.  An attorney may not concurrently represent multiple defendants (co-defendants) in a criminal case.

Likewise, an attorney cannot represent a new client when there was previous representation of a witness, victim, or other co-defendants. Lawyers owe a duty of loyalty to their clients and forcing an attorney to jointly represent forces the lawyer to choose between the clients.  When there is a conflict of interest, the judge must appoint new counsel that is free from the conflict.

How Do I Know If I Need a Lawyer?

If you do not know if you need legal counsel, the best way to find out is contacting an honest and reputable criminal defense law firm. By contacting an experienced lawyer immediately can help you, especially when you are innocent of the charges against you.

http://www.fresnodefenders.com/blog/hire-criminal-attorney

Man Who Looks Like Jesus Arrested For 5th OWI

Kyle Gindorff, age 31, of Lake Geneva, performed poorly on standardized field sobriety tests and refused a preliminary breath test.

Man Who Looks Like Jesus Arrested For 5th OWI

MILWAUKEE, WI — Tuesday morning, at about 3:50 a.m., deputies responded to a call of a driver slumped over the wheel of his car on the I-43 westbound S. 76th Street off-ramp.

According to the Milwaukee County Sheriff’s office, Kyle Gindorff, age 31, of Lake Geneva, performed poorly on standardized field sobriety tests and refused a preliminary breath test. He was arrested for Driving Under the Influence-5th offense. Gindorff has a pending DUI-5th offense from May of this year, and if convicted on that prior charge, this arrest will become a DUI-6th offense.

Gindorff’s driver’s license was in revoked status, and he had an open beer in the center console. In addition to the felony DUI-5th and DUI-5th party to a crime charges, he faces felony Bail Jumping, misdemeanor Operating While Revoked, and traffic citations for Parking/Standing where Prohibited and Keep Open Intoxicants in Motor Vehicle.

If convicted of all charges, Gindorff faces potential imprisonment of up to 26 years.

Source: Man Who Looks Like Jesus Arrested For 5th OWI – Greenfield, WI Patch

Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

When it comes to driving under the influence, the rules for Alcohol-related DUI’s and marijuana DUI’s are far more stringent for drivers with Commercial Driver’s Licenses (CDL) than drivers using a standard license.The legal blood alcohol limit established for drivers over 21 is 0.08. With a CDL, that legal limit is slashed in half to 0.04. The stricter guidelines are the result of several variables including the massive size/weight of most commercial vehicles as well as the presence of hazardous materials.The marijuana DUI laws are also less lenient. Any CDL driver found with even the smallest trace of THC in his/her system are looking at an automatic DUI charge.Find out more about CDL DUI law by watching the video above. Be sure to check out my older blog posts for informative videos about marijuana DUI law, and Busting the Legal Limit Myth.

Source: Alcohol & Marijuana DUI Law for Commercial Driver’s Licenses –

Walks Into a Bar… Taxidermy

A Yankee walks into a bar in Alabama and orders a cosmopolitan. The bartender looks at the man and says, “You’re not from ’round here are ya?””No” replies the man, “I’m from New Hampshire.” The bartender looks at him and says, “Well what do you do in New Hampshire?””I’m a taxidermist,” says the man. The bartender looks bewildered, so the man explains, “I mount dead animals.”The bartender stands back and hollers to the whole bar, “It’s OK, boys! He’s one of us!”

Source: Funny Jokes | Walks Into a Bar… Taxidermy Joke | Comedy Central

Ex-lawyer with 2008 conviction gets probation for DWI

Ex-lawyer with 2008 conviction gets probation, suspended jail sentence in DWI

Carlos Fierro

Carlos Fierro, who spent more than three years in prison for killing a Santa Fe pedestrian with his car after a night of heavy drinking, on Tuesday received a suspended jail sentence and probation for his arrest last year on a drunken-driving charge.

Although Fierro had the vehicular homicide conviction on his record, his latest case was treated as a first-time DWI offense, a misdemeanor.

No one was injured in the latest incident, but Fierro in 2008 had failed to stop after his car mowed down 46-year-old William Tenorio on Guadalupe Street after Fierro had been drinking in bars with a state police officer who was a member of then-Gov. Bill Richardson’s security detail.

District Attorney Marco Serna said Tuesday that despite the fact that Fierro had killed a man while driving drunk in the past, the prosecutor’s office was unable to charge Fierro as a repeat DWI offender because the charge he was convicted of in the earlier case — homicide by vehicle — was not technically a DWI.

Serna said the prosecutor in the earlier case was able to get the conviction based partly on proving that Fierro had been drunk that night, making his behavior reckless. But Serna said it wouldn’t have made sense to also charge the lesser offense of DWI because the charges would have been merged to prevent creating a double-jeopardy situation where Fierro could potentially have been punished twice for the same act.

Serna said he researched case law on the issue and couldn’t find any cases where a district attorney had charged both crimes.

After Fierro served his sentence for vehicular homicide, the former lawyer and congressional staffer moved to California.

While visiting New Mexico over Memorial Day weekend in 2016, he was pulled over in Española and arrested on suspicion of DWI by a New Mexico State Police officer who said he saw Fierro toss a cigarette out his car window and make an irregular lane change. The officer said Fierro had been weaving, smelled of alcohol and had bloodshot eyes. The arrest report said Fierro refused to take a breath-alcohol test and asked the officer to give him a “break.”

Fierro’s lawyer argued in pretrial motions that the traffic stop wasn’t justified and that Fierro was targeted because of his history. After those motions were denied, Fierro pleaded guilty and Santa Fe County Magistrate David Segura sentenced him to 90 days in jail but suspended all but four days, time Fierro had already served.

Fierro appealed the conviction less than a week later, but state District Judge T. Glenn Ellington denied the appeal.

Fierro did not appear for Tuesday’s sentencing hearing before Segura. His public defender, Hans Erickson, said an administrative error prevented him from notifying Fierro of the hearing until the last minute, at which point arranging travel from California would have been prohibitively expensive. The lawyer asked Segura to continue the case, allow Fierro to appear by phone or waive his appearance and impose the sentence in Fierro’s absence.

Assistant District Attorney Ihsan Ahmed opposed allowing Fierro to appear by phone or be sentenced without being present, arguing that “given Mr. Fierro’s history,” it would be in the best interest of the public for him to appear in person to be sentenced.

Erikson argued that prosecutors were taking a hard line because of Fierro’s notoriety.

“He’s a high-profile guy,” Erikson said of Fierro. “The state wouldn’t have taken this position if he was just a guy off the street.”

Serna disputed that characterization after the hearing, saying that regardless of who the defendant is, it has “much more impact” when guilty defendants hear their disposition and sentence read out by a judge.

Segura sided with the defense and imposed the same exact sentence he had pronounced before Fierro’s appeal: 90 days in jail with 86 days suspended, a year of unsupervised probation, 24 hours of community service and installation of an ignition interlock on his vehicle for a year. That sentence is in keeping with penalties for a first-time DWI offense.

WA State legislator proposes bill that would make fourth offense DUI a felony

Now that the 2015 Washington State legislative session is under way.  The annual what can we do to make DUI laws tougher here in Washington State has begin.  The latest example is a proposed bill that would make a fourth offense DUI a felony.  Currently under Washington law a felony DUI law charge applies if a driver has been convicted of a DUI four times within the past decade, essentially making a fifth offense DUI a felony.  This legislation was proposed last year, and the year before, and the year before it seems.  And it always comes back to the same thing.  Money.  Like all things it always comes back to money.  Regardless of how you feel about DUIs, and by now means do I condone drinking and driving.  But the cost of new legislation and implementing the laws means more in some cases than the idea.  Would making a fourth offense DUI a felony be a good idea.  Of course it would.  Despite being a DUI Attorney in Seattle, if a driver doesn’t learn their lesson by the third time then chances are nothing is going to help them.  At least that is my opinion.  Perhaps facing a lengthier jail sentence would cause a multiple repeat DUI offender to reconsider their choices.  The problem with this legislation is how will the bill be implemented financially.  It is not as simple as saying okay your fourth DUI is now a felony.  There are costs that need to be factored.  Probation, jail, and monitoring fees are just a few off the top of my head.  If you’re interested in an article about this new legislation here you go.  I would be surprised if this bill passed.  Again not because it is not a good idea, but we still don’t have any money here in Washington State.

Source: Seattle DUI Attorney – Leyba Defense PLLC: WA State legislator proposes bill that would make fourth offense DUI a felony

Following DUI charge, suburban high school football coach sidelined for season

Richmond-Burton High School football coach Patrick Elder won’t be on the sideline this season after being charged with driving under the influence of alcohol, but for now still has his job as athletic director, school officials said Friday.

Superintendent Tom Lind said Elder, 44, was not placed on leave at the McHenry County school after he was arrested and charged with DUI on July 15, but he will not be coaching. Lind declined further comment on Elder’s job status.

A Spring Grove police officer spotted Elder’s vehicle swerving and crossing the center line of Illinois Highway 173 just east of Clark Road, according to Spring Grove police Chief Thomas Sanders.

The officer reported a strong smell of alcohol on Elder’s breath and said he was slurring his speech and had red eyes. The officer said Elder, a Spring Grove resident, was unable to keep his balance during the field sobriety test and would not to take a breathalyzer test.

Elder posted $100 and his driver’s license and bonded out of Spring Grove jail. He is set to appear in McHenry County court Aug. 14.

According to local authorities and court records, Elder was convicted of DUI in 1992 and 1995 in downstate McLean County. For the 1995 conviction, he was sentenced to 30 days in jail and 24 months of probation.

McHenry County State’s Attorney Patrick Kenneally said a third DUI conviction could bring a penalty ranging from probation to a maximum of seven years in prison.

The Illinois secretary of state’s office said Elder’s license will be suspended for a year for not doing the breathalyzer. If he is convicted of DUI, he could lose it for a decade.

Lind said Elder has been with the district for 11 years and would have gone through a background check when he was hired. But Lind, who is in his first year as superintendent, said he didn’t know what that check revealed or how the district weighed that information.

Richmond-Burton High School is located in Richmond, a town just south of the Wisconsin border.