Restitution Order in Federal Court Improper When Calling for Immediate Payment.

It is not uncommon for a judge to order restitution and while doing so, feel a bit of scorn toward the defendant.  The defendant also may have negotiated a plea bargain that the judge feels is not fair, but the judge feels he must approve it to resolve the case because a trial could tie up his or her courtroom for weeks or pose other unique issues the judge really does not want to deal with.  What if the judge, in federal court, orders that restitution be paid immediately?  Is this legal?  Click on the following article to read the answer – http://www.greghillassociates.com/lawyer-attorney-2104690.html.

 

I Lost My DMV Hearing for My DUI – Now What?

The sad reality is that the overwhelming majority of folks who have a DMV Hearing to preserve their driving privileges lose the hearing.  Sometimes, the ruling is legally correct.  Sometimes, the ruling is clearly a mistake.  Sometimes, a driver even wins the DMV Hearing, but for the wrong reason.  In nearly seventeen years of such hearings, we have seen the full spectrum on this issue.  What should someone do if they lose at the hearing?  Click on the following link to read a short article addressing this question –

http://www.greghillassociates.com/lawyer-attorney-1933019.html.

Strong Marijuana Smell Does Not Justify Warrantless Search of Hotel Room.

If a police officer smells marijuana, does that create an exigency exception to the normal requirement of a warrant before a search?  After all, if the officer can smell this, doesn’t that necessarily mean it is burning, so evidence is being destroyed?  If evidence of a crime is being destroyed, isn’t that the type of exigency the “exigency exception” to the warrant requirement How would a judge rule on such a case?  The answer may surprise you.  Click on the following link to read how the evidence was treated –

http://www.greghillassociates.com/lawyer-attorney-1932015.html. 

Eighth Amendment Challenge to Three Strikes Law Fails.

Is a sentence of twenty five years to life fair for a case normally punishable by sixteen months, two years or three years in state prison just because the individual has two prior strikes?  Is it cruel and unusual punishment to give the person a sentence more than eight times longer than the maximum just because he or she has a prior history.  Read the following case summary about a written decision that considered whether the Eighth Amendment ban on cruel and unsual punishment was violate by California’s Three Strikes Law – http://www.greghillassociates.com/lawyer-attorney-1931165.html.

Restitution in Domestic Violence Case Does Not Violate Harvey Rule.

It is very common in criminal cases involving many counts for a defendant to be asked to agree to a “Harvey waiver.”  The judge may briefly explain that this waiver allows the judge to consider the whole case, including facts related to dismissed charges, when deciding on a sentence.  This can become an issue with a probation violation or if a defendant fails to surrender for jail on time or picks up a new case before surrendering to start serving time.  But can a Harvey waiver apply to restitution?  Click on the following article to find out – http://www.greghillassociates.com/lawyer-attorney-1928104.html.

Restitution Order in Federal Court Improper When Calling for Immediate Payment.

It is not uncommon for a judge to order restitution and while doing so, feel a bit of scorn toward the defendant.  The defendant also may have negotiated a plea bargain that the judge feels is not fair, but the judge feels he must approve it to resolve the case because a trial could tie up his or her courtroom for weeks or pose other unique issues the judge really does not want to deal with.  What if the judge, in federal court, orders that restitution be paid immediately?  Is this legal?  Click on the following article to read the answer – http://www.greghillassociates.com/lawyer-attorney-2104690.html.

What is a Critical Needs Restricted License?

It is very common for my office to hear a DUI client protest that the DMV cannot suspend his or her driver’s license because it is necessary for work, for school or to drive the grandmother to doctor’s appointments.  Many attorneys coldly respond, “well, you should have thought about that before you got drunk and drove.”  This may be true, but is there a special license that one can get when facing such a critical need to drive?  Click on the following article to read about a critical needs restricted license –

http://www.greghillassociates.com/lawyer-attorney-1927502.html.