Detroit Mayor pleads to Perjury

Mayor Kwame Kilpatrick of Detriot pleaded guilty to felony charges Thursday in a sex scandal and will step down after months of defiantly holding onto his job leading the nation's 11th-largest city. He was ordered jailed for four months and fined $1 million.

The plea deal brings to an end a seven-months-long ordeal that led to felony charges against Kilpatrick and plunged the city, region and state into political chaos. As part of the deal, the 38-year-old Democrat is to serve four months in jail and five years of probation. He also would pay the $1 million in restitution over the five-year probationary period. During a separate hearing moments after Wayne County Circuit Court Judge David Groner accepted the mayor's plea, Kilpatrick offered a no contest plea in an assault case. Many people ask what is a no contest plea or otherwise referred to a no lo contender. This please simply means that you are admitting that there is enough evidence to find you guilty, without actually pleading guilty. It has exactly the same effect that a guilty plea has. However, it helps a defendant who wants a plea agreement, but doesn’t want to technically admit guilt. The judge accepted that plea, which called for Kilpatrick to serve a four-month jail sentence that would run at the same time. Kilpatrick had faced 10 felony counts in the two separate criminal cases. 'I lied under oath'. Groner asked Kilpatrick if he understood he was giving up the right to be innocent until proven guilty. "I gave that up a long time ago," Kilpatrick replied. Kilpatrick also read a statement in court and admitted his guilt, saying "I lied under oath ... I did so with an intent to mislead the court and jury and to impede and obstruct the fair administration of justice."

When a defendant enters into a plea agreement, they give up the right to appeal the case, to plead the fifth, and agree to answer questions posed by the court. To say that you “lied under oath” is perjury. Courts take a very serious stance on perjury charges. A precedent has to be set in order to discourage people from lying in court.

The married mayor and former top aide Christine Beatty were charged in March with perjury, misconduct and obstruction of justice. They're accused of lying under oath about an affair and their roles in the firing of a deputy police chief.

Boat DUI

Did you know that you could get a DUI, or Reckless Driving while driving a boat, watercraft or even a moped or scooter? The same Blood alcohol and automatic consent to take a blood alcohol test, apply to all vehicles or crafts that have an engine. So if you are out in your boat having a few beers, be aware that you could get a DUI as you are trolling for fish. It is important to hire an attorney that can handle these unique cases. There is many a slip between a cup and a lip, as they say. Which means just because you are charged with DUI on a boat or while driving a car doesn’t mean you will be found guilty. An attorney that can handle a boat or watercraft DUI, is imperative to maintaining your liberty. DUI on boats or watercraft apply to all waterways in the Commonwealth. Just as DUI can apply to boats or watercraft, so does Reckless Driving apply to boats, watercraft and scooters.

A person shall be guilty of reckless operation of a motorboat or vessel who operates any personal watercraft recklessly or at a speed or in such a manner so as to endanger the life, limb or property of any person, which shall include, but not be limited to:

1. Weaving through vessels which are underway, stopped, moored or at anchor while exceeding a reasonable speed under the circumstances and traffic conditions existing at the time;

2. Following another vessel or person on water skis or other similar device, crossing the path of another vessel, or jumping the wake of another vessel more closely than is reasonable and prudent, having due regard to the speed of both vessels and the traffic on and the condition of the waters at the time;

3. Crossing between the towing vessel and a person on water skis or other device; or

4. Steering toward an object or person and turning sharply in close proximity to such object or person in order to spray or attempt to spray the object or person with the wash or jet spray of the personal watercraft.

A person who violates this section shall be guilty of a Class 1 misdemeanor, and for a second or subsequent offense, the court shall order the person not to operate a personal watercraft which is underway upon the waters of the Commonwealth for a period of twelve months.

Driving Under the Influence (DUI) of Alcohol

• When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or watercraft is impaired.

• A second DUI offense carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20 percent or higher at the time of the third offense, you face additional mandatory jail time.

Driving Under the Influence (DUI) of Drugs

• If your driving is affected because you are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.

Transporting Children While Driving Under the Influence

• You are subject to an extra penalty if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1,000 and a 40-hour community service requirement.

Vehicle Impoundment

• The vehicle you are driving will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol‑related offense. The court can impound the vehicle for an additional 90 days following conviction.

The owner of the impounded vehicle (other than the driver) may petition the court for release of the vehicle.

• Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

Administrative License Revocation

• Your driver's license will be automatically revoked for seven days if your BAC is 0.08 percent or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol-related offense.

underage drinkers driving under the influence of alcohol or drugs

Equal Penalties -

• Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.

Zero Tolerance for Under Age 21-

• If you are under age 21, and you drive with a BAC of at least 0.02 percent but less than 0.08 percent you will receive a fine of up to $500 and a six month driver's license suspension.

In-Car Breath Test Equipment Requirement -

• If convicted of a second DUI offense within five years of a first offense, you will lose your license for three years. You must use an ignition interlock for six months or more on every vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years).

Access to Alcohol for Persons Under Age 21 is Prohibited-

• If you sell alcoholic beverages to a person under age 21, you are subject to a fine of up to $2,500 and/or 12 months in jail.

• If you purchase alcoholic beverages for a person you know to be under age 21, you face a fine of up to $2,500 and/or 12 months in jail.

• If you are under age 21 and you are in possession of an alcoholic beverage, you face a fine ranging from $500 to $2,500 and up to 12 months in jail.

• Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1,000 and six months in jail.

Misrepresentation of Age -

• If you are under age 21 and you use or attempt to use an altered, fictitious, simulated document, or student ID to establish a false age in an attempt to purchase alcoholic beverages you could face the following penalties:

• a fine from $500 to $2,500

• be required to perform at least 50 hours of community service

• face up to 12 months in jail

Enforcing marijuana laws

Enforcing marijuana laws costs taxpayers an estimated $10 billion annually and results in the arrest 829,000 folks per year -- far more than the total number of arrestees for all violent crimes combined, including murder, rape, robbery and aggravated assault. Of those charged with marijuana violations, approximately 89 percent, 738,915 Americans were charged with possession only. The remaining 90,710 individuals were charged with "sale/manufacture," a category that includes all cultivation offenses, even those where the marijuana was being grown for personal or medical use. In past years, roughly 30 percent of those arrested were age 19 or younger.

No matter whether you think the charge against you is serious or not contact me and I will be happy to discuss the charge with you. I am an experienced possession of marijuana attorney. An attorney is important in marijuana cases, so that all of your rights are and alternatives are explored.

Below are possible Marijuana penalties in Virginia:

Possession
Any amount (first offense)	misdemeanor	30 days	$500
Any amount (subsequent offense)	misdemeanor	1 year	$2,500
Cultivation
Any amount	felony	5 - 30 years	$10,000
Sale
1/2 oz or less	misdemeanor	1 year	$2,500
1/2 oz to 5 lbs	felony	1 - 10 years	$2,500
5 lbs to 100 kg	felony	5 - 30 years	$2,500
More than 100 kg	felony	20 years MMS*	$1,000,000
To a minor	felony	10 - 50 years	$100,000
Within 1,000 feet of a school or other specified areas	felony	1 - 5 years	$100,000
Transport 5 lbs or more into state with intent to sell	felony	3 years MMS* - 40 years	$1,000,000
*Mandatory minimum sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
Paraphernalia sale	misdemeanor	1 year	$2,500
Paraphernalia sale to a minor	felony	1 - 5 years	$2,500
Probation with deferred proceedings is possible for first offenders. Any marijuana conviction results in the suspension of ones drivers license for a period of six months.

Details

Possession of marijuana is punishable by up to 30 days in jail and a fine up to $500 for the first offense and up to one year in jail and a fine up to $2,500 for subsequent offenses. Cultivation of marijuana is punishable by 5 - 30 years in prison and a fine up to $10,000. A conviction for manufacturing marijuana must include proof that the marijuana was being grown for a purpose other than the grower’s personal use. The delivery or sale of one-half ounce of marijuana or less is punishable by up to one year in jail and a fine up to $2,500. For greater than one-half ounce, the penalties increase to a possible 1 - 10 years in prison and a fine up to $2,500. Sale or delivery of greater than five pounds carries a penalty of 5 - 30 years in prison. Any amount of 100 kilograms or greater is punishable by a mandatory minimum sentence of twenty years in prison with a possible maximum of life in prison and a fine of up to $1,000,000. Any sale to a minor carries a penalty of 10 - 50 years in prison and a fine of up to $100,000. Any sale within 1,000 feet of a school, school bus, school bus stop, recreation center, public library or state hospital is punishable by 1 - 5 years in prison and a fine up to $100,000. Transporting five pounds or more into the state with the intent to sell carries a sentence of 5 - 40 years in prison, with a three-year mandatory minimum sentence, and a fine of up to $1,000,000. Probation with deferred proceedings is possible for first offenders in some instances. The sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500, unless the sale was to a minor, in which case the penalty increases to 1 - 5 years in prison and a fine up to $2,500.

Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Drugged driving: In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific threshold.