John M. Kaman's Answers

Should families of victims be allowed to decide the punishment of those who commit crimes

If families of victims or even victims were allowed to choose the punishment there is a strong possibility that they would act out of revenge or bias. Our laws are supposed to be neutral and to afford everyone the right to due process. Giving the victim the final say on punishment would not do this. BTW, are you aware that juries do not decide the punishment? Juries decide the facts and then the judge imposes punishment which is usually specified by some law. In other words the judge does...

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Plea guilty or not? or no contest?

Ask fora PD on your first court date which will be an arraignment. The PD will enter a not guilty plea for you and a schedule of hearings will be set up. Never plead guilty at the first hearing. Wait and see what the state's evidence is before deciding what you want to do in consultation with your lawyer of course.

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Rights of defendant in a criminal felony jury trial? When a defendant goes to trial on a criminal felony and the jury comes back

In fact there are only two verdicts: guilty and not guilty. What you describe is a jury that cannot reach a verdict. In such cases, the judge is almost always able to talk them into further deliberations. However when they stand rock solid and say "no more"the judge will accept the that the jury is deadlocked, send them home and declare a mistrial.

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I won at trial a few years ago. But it still comes out in my record. How do I get it removed?

You need to be more specific about what comes out on your record. Normally when someone is acquitted of all charges they will still have the arrest on their record and the final disposition. Getting this off your record is difficult. I suggest you contact an attorney about a PC 851.8 petition for factual innocence which, if granted, would seal everything.

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Is it possible to get a government job with a felony that was expunged twenty years ago?

If you received your nursing license after having committed the felony then the nursing board would have known of the felony and decided that it was not an obstacle. You should be able to get a government job, considering this circumstance, but you will have to disclose the conviction and explain the circumstances, emphasizing that the conviction was eventually dismissed.

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A friend of mine was arrested in Texas with a substantial amount of marajuana (600 kilos) What should we do?

This question has already been answered by 3 attorneys. There is little more we can say than get a TX attorney as we are not authorized to practice law there. 600 kilos will bring serious charges, probably in federal court, so your friend needs the best lawyer available.

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If a witness pleads the 5th during trial can the defense attorney comment on that in closing arguement?

No, the attorney cannot comment on the assertion of the 5th. If he could there would have been no purpose in having the witness do it outside the presence of the jury.

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Can I fire my dui lawyer and then get a public defender? They gave me false hope on how they would handle my case

The lesson is to beware of statewide lawfirms that make a lot of promises they can't keep. There are a number that will charge you a lot,promise great representation, and then hand your case off to a local attorney who may or may not have your best interests at heart. Fore them and tell them in writing you want your money back. If you don't get it report them to the state bar. Meanwhile if you qualify financially you can get the PD appointed.

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Can I put never been convicted on a job application?

Actually the answer is simpler than would appear. There are no juvenile convictions, just adjudications. So you can answer to as to whether you have ever suffered a conviction. For further protection you should request that the probation department seal your juvenile records and then you will have no qualms whatsoever about answering such questions in the negative.

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Need pro bono or very low cost attorney for criminal defense/misdemeanor.

Aside from some public interest groups, there is no such thing as a pro bono criminal attorney. We all have to work for a living and frankly are as affected by the economy as anyone else. If you have no resources you should ask that the public defender be appointed to represent you.

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