HOW THAT FOOL JUDGE HOLDER AIMS FOR JUSTICE BY TRUMPING THE CRIMINAL SENTENCING GUIDELINES

Judges - some are good, some are bad, some are smart and still others are just fools. Let's take a look at Circuit Judge Holder, a fool if there ever was one. For most criminal judges in Florida finding justice for criminal defendants is quick and easy, it's all about calculating the guideline ranges and like a machine spitting out the highest prison sentence possible. Smart judges know you can never give too much prison time to a defendant as it never pays in the end to show too much compassion or to look too deep into the facts and circumstances of a case. Real justice practiced by smart judges in Florida is all about being re-elected preferably without any opposition. The best way to do that is not to take any undo risks with those damned defendants who'd enjoy nothing more than spoiling their breakfast newspaper time with some new sordid crime followed in section B.

Donkey Wonder Fortune Teller Calculating Machine
 Used By Florida Judges to Calculate Prison Terms

Who knew that in the west coast of Florida there could be a judge who is not a mere guidelines and scoresheets calculating machine? Apparently this fool, Judge Holder, believes that justice means weighing all the facts surrounding an incident not only from the prosecution, the police, the witnesses and the victims, but all of the circumstances of a crime including even the possible motivations and incomprehensible suffering of the very defendant who committed the crime. 

In a recent case before Judge Holder in the special court for war veterans he ruled on the fate of a veteran shown to have post-traumatic stress disorder. The young veteran, a student at the University of South Florida, was charged with discharging a firearm, aggravated assault with a deadly weapon and criminal mischief. In his case, as in many so-called violent crimes, no one was actually hurt with his psychological issues combined with alcohol clearly shown to be a contributing factor.

In fact the only life seemingly ruined because of the incident was that of the young veteran who faced not only the grim prospect of years in prison after being branded a violent criminal for the rest of his life, but also of living a life with fewer job and educational opportunities as he'd been expelled from USF.

Because of the proven PTS the Judge Holder gave no jail time despite Florida sentencing guidelines dictating prison. Instead he gave two years of house arrest with a reasonable provision of his sentence being that the veteran receive regular help and therapy for his PTSD. 

But merely making sure that he'd given the young veteran a fair sentence wasn't enough for this judge. He took the time to write members of the board of the University of South Florida and to speak to them in urging the university to allow the young veteran to get his degree. Of course they ignored the judge, after all he's a fool. Just because he cares about justice, compassion and second chances why should he assume anyone else does? This is Florida, after all.

HOW TO AVOID BEING BRANDED AS A CRIMINAL FOR LIFE AFTER A FLORIDA ARREST OR CRIMINAL CHARGE

 Clearwater Florida: The Rules are Different

A few years ago Florida spent millions of dollars to promote as its apt tourist slogan, "the rules are different here." For those who live in this sunshine paradise as well as the travelers who spend time at our beaches, bays, lakes, bike paths and rivers time spent here can be carefree and beautiful.

Yet that slogan also has deeper meaning in that Florida imprisons a greater portion of it's population than most any other state not in the deep south. Yes, without a doubt the rules are different in Florida. Its not unusual for Floridians and vacationers to find that their Florida dreams are ruined from criminal accusations. 

Florida is a state that harasses, arrests and incarcerates people for 'crimes' such as marijuana possession that would not even be illegal in many parts of the country. In fact in Florida it is still an illegal misdemeanor to co-habitate with someone who is not your wife or husband. 

Clearly, Florida prosecutors, sheriffs, deputies, officers and judges should prioritize crimes. They should use discretion with understanding and compassion. Technically criminal offenses of a nonviolent nature such as drug crimes, thefts, and trespass should be taken care of with a civil citation requiring a fine or community service for quick dismissal of the case without need of hiring a criminal defense lawyer. 

In some parts of the state such as Tallahassee experiments with civil citations program are being used effectively for victimless crimes such as petty theft. Having succeeded in not making criminals of large portions of the population the civil citation program should be promoted in every part of Florida rather than just the capital. But law enforcement and prosecutors prefer to make arrests so that they can justify their ever increasing budgets.

In Clearwater, Pinellas County, Florida alleged incidental bad behavior often results in an unnecessary arrest that forever brands the accused as a criminal even if the charges or dropped or the defendant is later found not guilty. For example, is it really reasonable to arrest someone for criminal mischief who is caught taking the air out of a friend's tire as a joke? Somehow police, prosecutors and judges have lost proportionality in arrests and sentencing. Until the criminal laws in Florida are changed a Clearwater criminal defense attorney often must be retained to bring some common sense to the prosecutors, the police and the judge.

WHAT'S THE ACTUAL VALUE OF HULK HOGAN'S $5,500 SHOES, RESIZED FOR A FLORIDA GRAND THEFT CASE?

It was revealed today that a $5,000 pair of shoes signed by local celebrity Hulk Hogan was stolen from his fancy beach store. It was also revealed that during the theft, possibly in a ruse to divert attention, a statue of Hulk Hogan was shattered to pieces. Oh, these are desperate times in Tampa Bay, Florida, yet of one thing we may be certain, Hulk Hogan was not in the store at the time otherwise the perpetrator would have been bagged and body slammed.

Charlie Chaplin eats his Shoe

If the culprits are captured and charged, what is a fair way to assess the value of the stolen shoes? In Florida a third degree grand theft charge can be levied for any object valued at $300 or more, if less than $300, then the appropriate charge would be a misdemeanor petit theft. What if something of even greater value had been taken from the store such as Hulk Hogan's bandanna rather than just an old pair of his signed shoes? If the value of the bandanna was more than $20,000 then the theft would be assessed as a grand theft second degree felony. 

The higher the offense charged the more likely it is that jail will be ordered as punishment. And as you can see by how the charges are defined, it is the value of the property stolen that often dictates whether a case is resolved with or without prison time in Tampa Bay Florida.

Yet the fact that Hulk Hogan's beach store sells his signed shoes for $5,500 doesn't necessarily mean they have an assessable value of $5,500. In fact, the thief may have thought the value so absurd that the shoes were taken as a joke. Value is more than what a victim says it is. The investigating officers and the Pinellas State Attorney's Office should look to find a reasonable actual value. One way to do that would be to make inquiry's from the store as to how many pairs of signed shoes have been sold and if so, for how much. In far too many grand theft cases law enforcement fails to make a complete investigate of value, because their focus is on solving the crime. Also, officers or prosecutors will add further charges such as scheme to defraud in an effort to force defendant's to plead guilty. 

But what about the possible criminal mischief charge against the thief for that shattered statue of Hulk Hogan? Like theft charges, criminal mischief charges are based on value, but with criminal mischief it is based on the actual value of the object destroyed or the value to repair an object. Making a calculation of actual value is arguable and problematic. Is it merely replacement value or is it something more, say the value of the statue to the Tampa Bay community - priceless or valueless? And if the statue of Hogan is repairable there'd still need to be an assessment of any value lost after the repair compared to the value before the destruction.

Recently in Miami, Florida a museum's pottery piece on loan from China was intentionally destroyed by an art protestor. Upon the vandal's arrest the investigating officer was unable to ferret out from the museum staff what the actual value of the pottery actually was, so he simply wrote one million dollars in his police report causing sensational international press reports. The actual value turned out to be assessed for much less, but the potter in China must be smiling.

As you can see in grand theft cases as well as criminal mischief cases value is often an elastic notion. It's important that a lawyer be prepared to exploit value weaknesses with expert testimony  in order to have a felony or misdemeanor charge reduced or dismissed based on actual value.