Philadelphia Lawyer William Spade Answers Frequently Asked Legal Questions
Q. When I surrender to the police, should
I talk to them to explain that I am innocent?
A. No! It seems like an obvious answer,
given how often television shows and movies depict criminal defendants “taking
the Fifth,” i.e., asserting their Fifth Amendment right
not to incriminate themselves. However, many people “talk” to
the police or FBI when they are arrested, thinking that they can explain
their innocence and persuade the police to release them. This is
a MISTAKE. Many police officers and other law enforcement officers
believe it is their job to convict the people they arrest, not to find
the truth. They often ask “trick” or misleading questions
during interrogations. Most of the time, the interrogations are
not recorded, so the statement of the defendant is the version of the
interview as remembered by the detective or agent who conducted the interview. Even
when interviews are recorded, the police do not record the “pre-interview” in
which they coach the defendant as to what they want him/her to say; or
make promises or threats in order to make the defendant say a certain
thing. For all of these reasons, even innocent individuals may
make damaging or incriminating statements to the police. These
statements make it more difficult for the defendant’s lawyer to
win an acquittal at trial. NEVER give a statement to law enforcement
without your lawyer being present.
Contact the the Philadelphia Law Offices of Attorney William Spade
Q. Are there different penalties for different
drug crimes?
A. Yes. The punishment
for drug crimes depends not only on the criminal conduct of the offender
but also on the type and quantity of the drug. Federal sentencing guidelines
begin with forty-three base offense levels and add or subtract levels
depending on certain specified criteria. The higher the offense level,
the harsher the sentence.
The base offense level under the federal guidelines differs for different
drugs and for different amounts of the same drug. For instance, if the
conviction is for the crime of manufacturing 300 kilograms of heroin,
the base offense level is forty-two. However, if the conviction is for
manufacturing 300 kilograms of cocaine, the base offense level is thirty-eight.
Crack is a form of cocaine and listed on the same schedule of controlled
substances. However, the quantities of crack needed to impose a certain
sentence are much less than the quantity of powdered cocaine. For example,
a person convicted of the crime of delivering 5 grams of crack will receive
a sentence in the federal system of five to forty years. To receive that
same sentence, a person would have to be convicted of delivering 500
grams of powdered cocaine. Please see my article, “Beyond
the 100:1 Ratio: Towards a Rational Cocaine Sentencing Policy” in
Volume 38, No. 4 of the Arizona Law Review.
Contact the the Philadelphia Law Offices of Attorney William Spade
Q. Should I testify at my trial?
A. It depends. If you have never been convicted of a
crime or your conviction is old enough (generally, at least ten years pursuant
to Pennsylvania Rule of Evidence 609 (b)) that it is not admissible into evidence,
you should seriously consider taking the stand to testify. Although criminal
defendants have the absolute right not to take the stand and testify and the
Judge will instruct the jury that it should not draw an adverse inference from
the defendant’s failure to testify, I believe that most jurors want to
hear from the defendant. Therefore, if possible, I believe that
it is the best course for a criminal defendant to testify and tell his/her
side of the story.
Contact the the Philadelphia Law Offices of Attorney William Spade
Q. What is the difference between probation and parole?
A. Probation is a criminal sentence; parole
is one way of completing a criminal sentence of incarceration. In most
jurisdictions, first-time offenders are considered for probation, particularly
if their offense was nonviolent. A person placed on probation is typically
given a jail or prison sentence that is suspended as long as the person
abides by the terms and conditions of probation. Common terms require
the person to contact a probation officer once a week and to work, go
to school, or look for work. Other terms can include required attendance
at alcohol treatment or narcotic-abuse programs and educational classes
on such subjects as anger management or good driving. The length of probation
and its terms are enumerated at the sentencing and once the person has
completed the terms of probation, he or she is free of court supervision.
Typically,
an offender has been sentenced to an indeterminate or range of years
in prison. After the offender has served the minimum amount of time authorized,
the parole board decides if the offender is ready to be released from
incarceration to finish out the sentence on parole. Parole boards consider
the nature and seriousness of the crime, the views of the victim, the
progress the offender made in prison, how crowded the prison is, and
whether the offender has a someplace to go in the community. If parole
is granted, the offender will have to abide by terms and conditions similar
to those for probation for a specified period of time. If he or she completes
the parole period, the criminal sentence is discharged.
Both probation and parole can be revoked if the offender
commits another crime or seriously violates one of the conditions of
release. The revocation proceeding requires written notice to the offender,
an opportunity to explain and call witnesses, an impartial decision-maker,
and a written decision stating the reasons for revocation. If parole
is revoked, the parolee goes back to prison and serves the remainder
of his or her sentence in jail or prison.
Contact the the Philadelphia Law Offices of Attorney William Spade
In order to learn more about criminal law, please visit the following web
sites:
White Collar Crime Definition: http://www.criminaldefenselawyer.com/whiteCollarCrime.cfm
White
Collar Crime Blog:
http://www.lawprofessors.typepad.com/whitecollarcrime_blog/
DUI – www.drunkdrivingdefense.com
Wall
Street Journal Law Blog: http://blogs.wsj.com/law/
Legal
Ethics Blog: http://cowgill.blogs.com/legalethics/
What is Embezzlement?: http://www.whitecollarcrimefyi.com/embezzlement.html
Contact the the Philadelphia Law Offices of Attorney William Spade
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