Izquierdo Law October 2017

IzLegal Illustrated

Double Jeopardy? Not So Fast … State and Federal Charges From One Incident

We’ve all had neighbors we didn’t get along with. But in Ted’s case — not his real name — a disagreement with a neighbor led to some very “interesting” legal problems. Ted’s neighbor thought they smelled cannabis coming from Ted’s apartment, so the neighbor called 911 and reported it. Sure enough, when the cop “gained entry,” they found large amounts of marijuana. They also found some credit cards, card readers, and what looked like blank cards as well. That was when they called in the federal government. Ted didn’t know, but some of the information belonged to people from other states, affecting interstate commerce. And that makes it a federal issue. Pretty soon, Ted was facing state and federal charges for the same “house call” the local police had made to his apartment. Credit card fraud isn’t the only way for the federal government to get involved. Most financial crime — including bank fraud, wire fraud, and Medicare (but not Medicaid) fraud — can result in federal charges you don’t expect. The same is true if you cross a state border during a crime. So, what happens when you get two sets of charges from one incident? Well, there are a few ways it can go down. It’s relatively common for the state to drop its case once the federal government’s own case picks up steam. The federal prosecutors have more money, authority, and time than the state does, which means a conviction is more likely. If you are convicted, the

federal penalties are usually plenty harsh. Most state prosecutors will be happy with that and are fine with dropping their case, as long as the feds are working on their own. Some prosecutors won’t be, though, and they may run their own case out as long as possible while they see how seriously the federal prosecutors are taking the case. Less common, but still possible, is for the state to continue to prosecute you even while the federal government is doing the same. This usually means that each set of prosecutors is focused on substantially different charges, and neither are willing to let the other take over. The feds get the first crack — because that’s how this works — but after they’re done, the state gets its own turn. If you’re convicted in both courts, you just have to hope that they let you serve your sentences concurrently, instead of finishing your federal sentence only to start serving your debt to the state immediately. As you can see, this can turn complicated quick. It’s really important that you secure a good defense attorney any time you face criminal charges, but if the federal government is getting involved, you’re in real hot water.A good attorney may mean the difference between facing charges at both the state and federal level and finding yourself in state court with reduced charges.

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How to Fight the Negative

Physical Effects of Your Desk Job

“We’re sitting ourselves to death!”

in the Annals of Internal Medicine found that, among individuals who spend most of their day in a sedentary position, those who engaged in regular physical activity were only 30 percent less likely to die from sedentary-related health problems than those who didn’t exercise at all. So, what are we supposed to do? Seventy percent of Americans have jobs that require them to remain confined to a desk. If switching to a career that keeps you up and moving all day isn’t a possibility, how can we cure our sedentary problems? The answer isn’t standing; it’s moving. Human beings are meant to be up and moving around! That’s why staying still all day hurts us so much. A desk job doesn’t have to destroy your health. If you need to send an IM or a brief email, walk over and deliver the message in person instead. Take phone calls while walking around or, better yet, conduct meetings while on a walk outside. Even periodic desk exercises can be beneficial.

Dr. James Levins of the National Institutes of Health made headlines when he announced, after 15 years of research, that “sitting is the new smoking.” Dr. Levine determined sitting for prolonged hours leads to obesity, high blood pressure, and diabetes, and can increase the likelihood of developing certain forms of cancer. To many people, the answer was clear: Just stand up! Standing desks have become all the rage as office workers everywhere switch from sitting in one place all day to standing in one place all day. And the benefits have been … almost imperceptible. While you do burn more calories standing than you do sitting, the fact remains you’re still not moving. Keeping your body in the same position for hours is what leads to all of those health risks Dr. Levins warns about, whether you sit or stand. It would be more accurate to say sedentary is the new smoking. Now, don’t think you can erase the damage from being sedentary at work by hitting the gym when you clock out. Research published

Ultimately, it doesn’t matter if you sit or stand. Make sure to move around at least once an hour to avoid serious damage to your health. CASE STUDY

DEFENDANT CHARGED WITH A LIFE FELONY. CHARGES DISMISSED AND REDUCED — AND NO CONVICTION ON HER RECORD.

FACTS: The defendant was working at a residential condominium complex when a resident complained that she was not doing an adequate job cleaning the hallway and common area. An argument ensued after our client was disrespected by the resident. The resident alleged that our client entered her apartment, struck her repeatedly, grabbed her by the hands, pulled the phone out of her hand, and threw it off the second-floor hallway onto the ground. Davie Police arrested our client and charged her with burglary with battery (punishable by life felony) and giving a false name to police. Our client was initially held with NO BOND following arrest. We were able to convince the state attorney’s office in Broward to agree to bond and file the lesser charge of burglary of a dwelling (a second-degree felony), misdemeanor battery, and giving a false name. After investigating and fighting the case, taking depositions, and speaking with witnesses, we were able to negotiate a dismissal of the charges and our client took a plea to the reduced charge of aggravated assault. She

received a withhold of adjudication (no conviction on her record) and is eligible for early termination of probation after nine months.

RESULT: SECURED A LOWER CHARGE AND BOND PRIOR TO ARRAIGNMENT, ULTIMATELY PLEAD TO AN EVEN LOWER CHARGE WITH NO CONVICTION, AND EARLY TERMINATION OF PROBATION AT NINE MONTHS.

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WHAT’S YOUR PAIN WORTH?

Calculating something like medical bills or lost wages in a personal injury case seems pretty straightforward. After all, you have the bills right there to see what you’re owed. Although, in practice, that’s not always the case. It is true that some aspects of personal injury are more straightforward than others. And one damage that always trips people up is the money owed for “pain and suffering.” Under Florida law, “pain and suffering” is an “intangible” damage, and it’s supposed to reflect the loss of enjoyment of normal life that you suffer due to the injury you’ve experienced, as well as the mental pain (embarrassment, shame, PTSD, etc.) and the physical pain associated with your post-accident experience.

everything that your injury prevents you from doing. Miss your kid’s school play? Have to back out of a fishing trip? In too much pain to celebrate your anniversary? All of these things and more are important when we start calculating pain and suffering damages. Statements from your doctor will also help — whether we’re talking about a physician, physical therapist, or even counselor or psychologist — as well your prescription history and statements from yourself and your family. Other experts may also examine you and provide the court with prepared statements regarding your pain and suffering. If you were injured in a car accident, Florida law requires other “thresholds” to be met to collect pain and suffering damages. Those are too specific to get into here, but be sure to contact our offices for more resources on that topic. And contact us with any other questions as well. We’re here to help. And remember, there is no reason to deal with this alone.

This is one of the reasons why it’s important to keep a diary every day after an accident and write down

Laugh Out Loud

Sausage and Barley Soup It’s a great time of year to warm up with a cup of soup, and this comforting, guilt-free dish comes together in a flash. Ingredients

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Cooking spray

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1 (14½-ounce) can Italian-style stewed tomatoes, undrained and chopped

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6 ounces turkey breakfast sausage

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¼ cup uncooked quick-cooking barley

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2½ cups frozen bell pepper stir-fry

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1 cup coarsely chopped fresh baby spinach

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2 cups water

Instructions

1. Heat a large saucepan over medium- high heat. Coat pan with cooking spray. Add sausage; cook 3 minutes or until browned. Remove from heat. 2. While sausage cooks, place stir-fry and 2 cups water in a blender; process until smooth.

3. Add stir-fry puree, tomatoes, and barley to sausage in pan. Bring mixture to a boil over high heat; cover, reduce heat to low, and simmer 10 minutes. Stir in spinach; cook 1 minute or until spinach wilts.

Recipe courtesy of CookingLight.com.

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INSIDE this issue

1

State and Federal Charges From One Incident

2

Can a Desk Job Be Part of a Healthy Lifestyle?

Case Study

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What’s Your Pain Worth? Sausage and Barley Soup

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America’s Spookiest Locations

AMERICA’S SPOOKIEST LOCATIONS

PINE BARRENS New Jersey A heavily forested area dotted with ghost towns and abandoned mills is going to be creepy as a matter of course. New Jersey’s Pine Barrens has all of this, plus the added fear factor of it being the spiritual home of a local legend: The Jersey Devil. The myth states that the Jersey Devil was born in 1735 and quickly grew horns, wings, and hooves. It has been spotted in the forest ever since, even lending its name to the state’s professional hockey team. Campers in the Pine Barrens claim to hear a ghastly presence, and some even observe mysterious drifts across the cedar swamps. STANLEY HOTEL Estes Park, Colorado When Stephen King checked into the Stanley Hotel on vacation with his wife, he wasn’t looking for inspiration, but he found it. Their stay in the hotel inspired “The Shining.” The book, along with Stanley Kubrick’s film adaptation, quickly turned the Stanley into a destination for thrill-seekers and paranormal investigators. The hotel has played into its newfound reputation, offering ghost tours late at night. Recently, the proprietors even created a hedge maze to allow visitors to recreate the harrowing chase scene from the movie. At last check, there were no Jack Nicholson impersonators on site, but who knows what the future holds?

Halloween is, without question, America’s spookiest holiday. Traveling haunted house experiences crop up all over the country beginning in October, but they can’t hold a candle to locations that have long been believed to be home to paranormal inhabitants. If you’re feeling extra brave this month, check out these “haunted” locations. WINCHESTER MYSTERY HOUSE San Jose, California A medium from Boston told Sarah Winchester that her family was haunted by every person ever killed by a Winchester rifle. Given that her husband and infant daughter had recently passed away, she took his words to heart. To build a home for the spirits, she began construction on what is now known as the Winchester Mystery House. She continued building the house for her entire life, 24 hours a day for 38 years. The home features many design choices that lend themselves to a spectral presence. There is a seance room, doors that open to brick walls, staircases that lead directly into the ceiling, and acoustics that channel sound into secret listening places. During the Halloween season, the house offers candlelit tours that are sure to send shivers up your spine.

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