Legal Ammo
Big Bad Wolf had done time for harassing the Three Pigs and mugging Red Riding Hood’s grandmother. He was out on probation until Chicken Little spotted a box of ammunition in Big Bad’s house and called the police. The ammo belonged to Big Bad’s coyote cousin, who had left it after his road runner safari. Big Bad did not possess the gun that it went to, nor did he have that firearm on his property. Even so, it is illegal in most cases for a felon to have ammunition, so the police dragged Big Bad Wolf off to jail. Big Bad’s defense attorney was very anxious to argue that the evidence did NOT meet the legal requirements of “ammunition.” The legal definition of ammunition includes powder; however, this particular Acme Ammo did not have powder; instead, it contained very small pellets, tiny spheres visible under a simple magnifying glass. The Prosecutor offered three years. Big Bad and his lawyer turned that down. Then the Division Chief threatened “Habitual Offender Status” for sentencing, AND an additional charge of “Possession of a Firearm by a Felon.” Though Big Bad Wolf had good legal ammo, no one can actually predict the outcome of [...] Read More
Legal Differences
What is the difference between ‘parole’ and ‘probation’? Between ‘civil’ and ‘criminal’? Between ‘plaintiff’ and ‘defendant’? Sometimes differences bring us together…in court. Attorneys remove the emotion so their clients can take the necessary steps to move through a legal problem. Decisions in a legal conflict are not easy to make on your own. Whether you are losing your house to foreclosure or divorcing a lousy husband…or even if you robbed a store…these can be emotional matters where understanding the differences is only the beginning. A lawyer can reframe the situation into business terms to help you look at the possible choices and consequences. The difference between the ‘plaintiff’ and the ‘defendant’ is the difference between the person who brings an action against another (the ‘plaintiff’) and the person against whom the action is brought (the ‘defendant’) in a civil case.* Procedures in a ‘civil’ and ‘criminal’ trial are basically the same; however, in a criminal case, the persons bringing the action are the people of the State of Florida, represented by the ‘prosecutor,’ and the ‘defendant’ is the one accused of breaking the law.* ‘Parole’ and ‘probation’ are often similar with restrictions and obligations connected with a criminal action; [...] Read More
Big Bad Wolf & Violation of Probation
Some people just cannot do probation. Some do not even make it out of the courthouse building before they are in violation. And for some, a series of bad decisions and bad circumstances can lead to a return to prison. Big Bad Wolf was no exception. The Big Bad Wolf had done time for harassing the Three Little Pigs and mugging Red Riding Hood’s grandmother, but he was on probation and out squirrel hunting with a BB gun. Despite his criminal record, the BB gun would have been fine, except Chicken Little saw him from a distance and reported a “very big wolf with a gun” to the police. The police went to Big Bad Wolf’s house, which would have been fine except when Big Bad realized the cops were there, he fled. The police caught him and asked him about the gun. Big Bad told them where the BB gun was behind his bedroom door, which would have been fine except the police tossed his bedroom while they were there. They found the BB gun just like he said, but they also found a bong and Acme ammo that his coyote cousin had left from his road runner safari. [...] Read More
Criminal Mischief
Criminal mischief becomes a felony at $1,000. Criminal Mischief is when you damage someone’s property on purpose. If that damage exceeds $1,000, you can be looking at probation or more than one year in a commitment facility. Trick-or-treating is tough if you are behind bars. Egging a car can be a felony. If the paint on the car is damaged, the cost could be more than $1,000 to repair. Thus Halloween high jinks can result in jail time. For a guide about the law for youth and parents, go to http://www.sjso.org/media/Know%20the%20Law%20Booklet.pdf. Ignorant does not equal innocent, even if you are underage. Have a Safe and Happy Halloween. Read More