text:
A Defendant's Guide to the Criminal Court
San Francisco Attorney James Farragher Campbell is publicly regarded as one of the nation's most successful criminal defense lawyers. He heads Campbell, DeMetrick & Jacobo. Since 1975 this San Francisco firm has successfully defended some of the most difficult criminal
cases in the City.
Mr. Campbell was President of the American Board of Criminal Lawyers in 2007. Well-
known for his commanding courtroom presence, he is often sought out for the cases most likely
to go to trial.
He has delivered numerous lectures throughout the country and has authored over thirty published articles on criminal defense practice.
Table of Contents
Chapter 1.Your Arrest and The Charges
Chapter 2. Making The Right Decision
Chapter 3. Your Case In Court
Chapter 4. How Can I Help My
I see my career in criminal defense before my eyes on a daily basis. I have mementos of everything significant either hanging on the walls or set about throughout the office. And, as I look around my office, I am visually reminded that I have seen the best of times and the worst of times in criminal defense.
I have represented truly falsely-accused individuals; and, I have represented people who have clearly violated the law. Some of those were found guilty, some were spared a much worse sentence than they might have otherwise received, and some walked away from a conviction. When people find themselves charged with a criminal act I am usually the lawyer they hope to retain.
One reason I have written this small book is to properly inform you of what you may expect if you've been arrested for a criminal charge and what you can do before retaining a lawyer.
You may be asking yourself, "Why would you provide so much valuable information for almost nothing?" The answer is actually quite simple: Trust.
Since 1975 I have attempted to develop and maintain an excellent reputation as a criminal defense lawyer who does everything legally possible to win your case, I want to be a lawyer you can be trust both ethically and professionally. I believe this book is a good start to building that trust.
Some law firms or lawyers do not want you to know too much about what they actually do or can do in your defense. By providing this uncensored information now, I believe you will be better-educated about your case and about the lawyers who handle criminal cases. I know that if I give you sound information on what to look for in an attorney as well as how to evaluate your case, you will be in a better position to select the best lawyer for yourself.
If you have been arrested for the first time, then this book is intended for you.
In truth, nothing can really prepare you for what you are about to experience because no matter how many times I've gone to criminal court it is never the same twice. There are, however, some constants which can guide you. Armed with this knowledge, you may be better-prepared to cope with potential difficulties and you will also be in a better position to assist the lawyer you retain in defending your case.
Please remember that this is not intended as a legal text on criminal law, criminal procedure, or a mini-primer on defending a criminal case. It will not explain all the procedures that may occur in your case. It is intended as a guide for you to understand the basic operations and procedures that you are likely to encounter in the court system. Also, keep in mind that most good lawyers are good because they will be as flexible and creative as possible within the bounds of the law. Therefore, no hard and fast principles that can be explained in detail will be found applicable
in all criminal cases.
As you probably already know, there is a lot of information available to you on the Internet. In fact, that is probably how you came to order this book. Anyone arrested can obtain a wealth of information to assist them in understanding their case and in selecting defense counsel. Indeed, the average person today can make a much more informed decision on their case and on the lawyer they want to retain due to the information available on the Internet.
One major caveat should be noted: Information is not knowledge! While a great deal of information is available on the Internet, keep in mind that the "information highway" is, like any other highway, an expedient way of getting to a destination but never the destination itself.
Similarly, while this book endeavors to alert you to the legal basics of a criminal defense case, it is not a substitute for the legal advice of competent counsel. It is my hope that this book will help you understand the nature of a criminal charge and the options available to you as you exercise your Constitutional rights to a competent attorney and a fair trial. After over thirty three years of practice in the criminal courts, it is my observation that your Constitutional rights don't mean much if you don't have a good lawyer.
It can happen at any time and at any place - you have been arrested - the nightmare begins. All of a sudden you are no longer in your world, the cops are now in charge, and it's scary.
If you have been arrested for the first time, I am sure you will admit it was a devastating experience. You were probably treated as a "common criminal". While you certainly don't think of yourself as such, this is the viewpoint of most police officers. It is also likely to be the viewpoint of most prospective jurors. Remember, the police see criminal conduct on a daily basis and, after a while, they become somewhat blasé about the personal experience you have undergone.
Your lawyer will definitely need to know any statements you made to the police as they will, in all likelihood, be used against you in court to prove the necessary elements of the charges. All of this information is valuable. You should do your best to recall in exact detail everything that took place and try to recall all police contact leading to, during and following your arrest.
When the police officer decides to make an arrest, he or she is actually saying: "In my opinion, I think this person was involved in a crime." What will be on trial is the prosecutor's evidence that will support the officer's opinion.
All of the evidence which will be used against you in court will be either circumstantial evidence (evidence that points to a conclusion) or direct evidence (evidence that is itself proof); and it will be geared to support the officer's opinion that you are guilty. From a legal standpoint, your lawyer will analyze your detention and the arrest to determine whether there was legal probable cause to support either. This is one
of the very first legal issues that will be explored by criminal defense counsel. Your
contact with the police is of great importance to your lawyer in structuring your
Certain legal rules govern the arrest process and your lawyer will analyze the controlling law to determine if a valid legal arrest has taken place and what remedies exist if you were not legally arrested. The details of the arrest are important for many different legal reasons; and, your lawyer will be looking to legal defenses which may flow from the arrest process itself, either substantively or procedurally, that will block the prosecution.
An arrest can be made in several ways: 1) an on-view arrest; 2) on probable
cause; or by a warrant for your arrest.
The on-view arrest is how many arrests are made. This occurs when a police officer sees you commit a crime in his or her presence and immediately apprehends you for that offense. Generally this is how almost all misdemeanor arrests are made. There are rules that must be followed in these cases that your lawyer will check to see if the arrest was properly made. If appropriate certain motion are available to dismiss the case if the proper procedure was not followed.
The second manner of arrest is if the police have developed evidence that leads him or her to believe you have committed a felony, even though they did not actually see you commit the crime in their presence, and then come and arrest you. Sometimes these types of arrests are also accompanied by the execution of a search warrant. Such is very common in drug cases.
Lastly, an actual arrest warrant may be issued ordering your arrest. This can be from a court when you fail to appear for a court date, it could be from a court following a presentation of evidence to a magistrate. Or it also can originate from a Grand Jury Indictment which in turn orders your arrest.
The absolute first thing your lawyer will want to know is what are you charged with? Is it a felony or a misdemeanor? The exact criminal charge will carry the exposure to a certain sentencing range and that will determine to what extent your legal exposure is to custody time.
All crimes and public offenses in California are divided into felonies; misdemeanors and infractions.
A felony is defined as a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a
misdemeanor except those offenses that are classified as infractions.
Every felony offense in California carries a specific sentence that is set forth in the Penal Code with a sentencing range of three terms: a lower term, a middle term and an upper term. As an example, the crime of rape , a violation of Penal Code Section 261, carries the punishment of state prison for a term of three years (the lower term), six years (the middle term) or eight years (the upper term). Any felony where a specific term is not stated in the Penal Code or where it simply states the punishment to be "state prison" means a term of 16 month, 2 years or 3 years.
A Complaint will be filed by the district attorney's office and the Complaint will state in legal language the exact charges you face in court. The Complaint is the name given to the paper setting out the alleged violations of law. The Complaint is the legal document that brings you to court and starts the legal process against you. The Complaint will be the legal documents that will start off the case against you in court, whether you are charged with a felony or a misdemeanor. The only exception to this would be if you were indicted by a Grand Jury. This process of Grand Jury Indictment is rarely used for the most part and usually come into play modernly in political sensitive cases only. If you are charged with a federal felony then there is usually a grand jury indictment seeking your arrest.
A Complaint could also contain what are known as enhancements. These enhancements are also likely if you have prior convictions, prior prison terms; if your case involves great bodily injury and other types of aggravating criminal conduct. Such enhancements will have to be alleged by the prosecutor and answered by the defendant.
O.K. you have been arrested. Now it is time to get it together and figure out the best thing to do. The first thing you should definitely do is set up a consultation with a criminal defense attorney. If you woke up with severe chest pains you would see a doctor! Well this is much the same – see a lawyer. But by all means, see a criminal defense lawyer! If you had chest pains would you see a podiatrist?
The big surprise is that if you went to see a doctor to determine what might be wrong with you, you would pay. To see the best criminal defense lawyers in the country will not cost you a dime. All you are spending is your time. Don't be a fool, talk to a criminal defense lawyer.
When you do arrange for a consultation, be sure that you are going to interview with the actual lawyer who you are considering for representation. As I said, you usually can speak with some of the top criminal defense lawyers in the country without having to pay a consultation fee. So, why not start at the top. Go see the best. My advice, of course, is to speak with a criminal defense lawyer and not a
lawyer who occasionally handles criminal cases.
When I first started practice as a criminal defense lawyer in 1975, a lot of criminal cases were handled by general practitioners because, for the most part, the cases could easily be negotiated. With the advent of no plea bargaining positions, new statutory crimes and advancements in chemical and scientific testing, old avenues of defense and areas of settlement have been blocked. Now criminal defense has become a "specialty." Today criminal defense is one of the most difficult areas of law. Public sentiment has moved the courts and the legislature to impose much stricter laws and penalties criminal trials have become much more difficult due to the public's initial emotional mind set against those accused of crime.
Any lawyer who undertakes the defense of a criminal case today does not have an easy task. We all hope that our courts apply the law even handedly to all citizens accused of a crime in all types of criminal cases; but, in reality there are many judicial and legislative exceptions that apply to virtually all phases of substantive and procedural law in criminal cases which does not make the defender's job easy. Make no mistake, the general public perception, stiffer penalties, relaxed constitutional safeguards and an attitude adjustment in both the legislature and the courts has caused the criminal trial to evolve into an area suited only to those well-versed and well-trained in the complexities of criminal law.
The task of criminal defense today requires a lawyer not only with extensive legal skills, but also with a solid understanding and knowledge of the scientific and technical aspects which will be encountered in even the most routine case. Any lawyer today who views criminal defense as easy is either ill-prepared, naïve, or both. No longer is it assumed that a first time offender will get a grant of probation. A conviction today may very well result in mandatory incarceration, a substantial fine, a lengthy period of community service, a criminal record and a whole litany of collateral consequences that impact employment and travel.
Selecting a Lawyer
When you think about selecting a criminal defense lawyer, be careful. There are some law firms that claim to provide representation all over the state. Do you really think one lawyer is going to be all over the State of California handling cases? In these situations, it is likely that you will be assigned to another lawyer who has an office in the area where your case is located. The referring lawyer will then probably take some kind of a referral fee to turn your case over. There are a few firms that spend a great deal of money on advertising and have a standing relationship with local lawyers who, in turn, are assigned your case. You can easily spot these lawyers and firms in that they each advertise separately and jointly. In other words, lawyer X is listed as a member of law firm Y, but you see lawyer X's advertisements for his own office standing separate and apart from law firm Y. You are probably paying more for the referral from law firm Y to lawyer X, than if you hired lawyer X directly.
When you have your interview, the interviewing lawyer should be able to give you a case evaluation and intelligently explain how he or she would go about defending your case. Any lawyer who spends time telling you how good they are is not telling you how they would go about trying to win your case. Get information on what the lawyer perceives to be the issues in your case and what chances you have in either winning the case or getting a favorable settlement.
Also, if you are interviewing a prominent criminal defense lawyer, ask what his or her actual legal involvement in your defense case will be? Is he or she just overseeing the case? Is he or she available to you for ongoing case consultations during the litigation? And, the big question, will he or she actually go to court on your case and personally be available for trial? What is the benefit of a "big name" if that individual is not there at your side? What is the benefit of an excellently-skilled lawyer if he or she is going to have an associate try your case?
You should also be sure to ask about the firm's procedure on how you will be kept informed about the status of the case. Will you be receiving letters and copies of all motions filed in your defense, copies of all police reports and all lab reports? You want to be sure that you will be kept well-informed on the progress and developments in your case at all times. These are difficult cases and, as the case proceeds, decisions will have to be made. You cannot make an informed decision if you are not properly informed.
THIS IS IMPORTANT. You simply must set aside some time to undertake this task. The lawyer you hire will have a large part to play in determining the outcome of your case. The outcome of your case can and will impact you for many years to come.
Traditionally, you might ask friends, relatives, business associates and or other lawyers you might know for the name of a good criminal defense lawyer. This, however, also reveals to others that you have been arrested and many people do not want this known. This is certainly not unusual, but it is more important to get good representation than to worry about your embarrassment. However, you do have a great research tool available to you – the Internet!
Remember, anyone can put up an Internet web site. It can say almost anything and the lawyer certainly wants you to think that they are great. Look to the lawyer's reputation and standing in the criminal defense bar. That is what should be on the web site, not a lot of self promotion and TV appearances. There is absolutely no substitute for experience and reputation. A lawyer's knowledge and reputation is really all that they have to sell. Naturally, those lawyers with the best track record, experience and reputation will end up costing the most, but not always. Think about the value you are getting versus the costs.
Legal Fees and Costs
Again, no surprise, you will usually get what you pay for just like any other service. The biggest names in the business will charge the most. But be careful; be sure those lawyers will actually be the lawyers working on your case. Unfortunately, there are a few-well known lawyers that attract clients but then have other associates do the actual legal work. Be sure you speak with the lawyer you want and make sure that lawyer will be available to you for trial. There are some well-known lawyers who never even interview a prospective client. They have a law clerk, an investigator, or a paralegal do it. That's like a nurse interviewing you for open heart surgery. Why would you settle for that?
A Word of Caution on Low-Fee Lawyers
There are lawyers who can quote you a low fee, a very low fee in some cases. But you should know what you are getting for the fee. Are you going to get the quality and time commitments that are needed to be taken in your defense? They may be doing that because they have no intention of spending the proper amount of time defending your case in court. Such an attorney may have a strong financial incentive to avoid a number of court appearances and/or conduct the proper case preparation. These types of attorneys rarely, if ever, go to trial.
Favorable pretrial settlements come about through a strong advocate. A strong advocate is one that knows how to successfully prepare a case for trial and has successfully tried a great number of criminal cases. This is the lawyer's great strength – his or her professional standing and reputation.
Again, be careful. A large fee does not necessarily guarantee a good lawyer. Always check the lawyer's standing in Martindale-Hubble. It is the oldest directory of lawyer's standing and reputations in the legal community. It is voted upon by other lawyers. So you have, in essence, lawyers ranking other lawyers. Some cities also have magazines, such as "San Francisco Magazine", "Los Angeles Magazine", etc. which from time to time, publish a "Super Lawyers" section. Here, again, this is a survey of lawyers judging or recommending other lawyers that they would choose
for a particular legal problem.
Search the listing of legal organizations, such as the American Board of Criminal Lawyers, www.Abcl.us. This is an excellent resource for criminal lawyers because this is the most prestigious group of criminal lawyers in the country. But you should be careful of pure commercial sites that simply list lawyers. These lawyers usually pay a fee to be listed and it really does not provide any guide to their abilities except that this is an area of law in which they want to get cases. The commercial lists are the equivalent to a yellow page ad in the phone book; it gives you a starting point.
Chapter 3
The citation you signed when you were released from jail, or your bail bond notice, requires that you appear in court for your arraignment. At the arraignment, the judge advises you of the charges that have been filed against you by the prosecution and informs you of your rights.
Your Rights In a Criminal Case
Your rights in a criminal case in both state and federal courts are as follows:
You have the right to be represented by an attorney at all stages of the criminal proceedings. If you cannot afford an attorney, the court will appoint one for you; usually this will be a public or a federal defender.
You have the right to a trial on the charge against you. This also includes the right to trial on any alleged prior conviction or other enhancements that may be charged against you as well. The right to a trial is the right to a trial by a jury of twelve people from your community, all of whom must agree to a verdict before you may be found guilty.
You have the right to subpoena into Court evidence and witnesses on your behalf. You also have the right to testify on your own behalf if you want to do so.
You have the right to cross-examine and challenge any witnesses against you.
You have the right against self-incrimination, which means the right to remain silent and the right not to testify against yourself. The prosecutor cannot call you to testify against yourself in court.
Be aware that these rights can be little more than platitudes unless you have a dedicated and resolved advocate at your side to properly guide you in their skillful use and exercise. They are there for your protection as well as for the protection of the collective members of our society.
Many times, if you are charged with a misdemeanor, an attorney will waive your personal appearance at the arraignment under Penal Code Section 977. This allows you to appear before the court through your lawyer only, saving you the time and trouble of having to come to court. The case is then set down for further proceeding, usually a pre-trial conference date for several weeks later. If you are charged with a felony then you must personally appear in court at the arraignment. A waiver under 977 may be granted, but that will be up to the judge.
Once the court process begins, you will be before the court, which means your case will be in front of a judge. The judge is of critical importance to your case. The power that the judge has over your case is considerable. In the federal court that power is almost absolute.
The judge's role in the case is to decide questions of law and to apply the law as fairly as possible to your case.
At the arraignment, the judge will take a plea, either from you or through your lawyer, of "not guilty." If you do not have a lawyer at the arraignment, the judge more than likely will not ask you for a plea until you have had an opportunity to consult with and retain counsel.
The only things the judge can do at the arraignment are accept your plea, set bail and continue the case for further proceedings. The judge will not entertain any discussions as to the merits of your defense to the charges; those issues will be taken up at a later date in the litigation.
Later in the course of the case, the judge will hear all pretrial motions that will be filed by your lawyer. The lawyer will conduct legal research and determine what are the appropriate motions to file that best serve your defense. These may include motions to limit or exclude certain evidence and to discover the evidence that the prosecutor intends to offer against you at trial. If there are such motions, and usually there are, these will be later argued by counsel and ruled upon by the judge.
The success or failure of these various motions will, in large part, determine the legal strength or weakness of your case. The judge will then be in a position later, at the pre-trial conference, to attempt to settle the case by discussion with both the prosecutor and your lawyer. This is when plea bargaining and/or sentencing bargaining usually starts to take place. The judge presides over the trial ruling on legal questions, while leaving questions of fact to be determined by the jury.
Plea-bargaining is a compromise between the parties, the prosecution and the defense, on what plea you agree to enter in exchange for charges being dismissed. A plea bargain also usually involves a sentence bargain as well. Sentence bargaining is an indication from the judge as to the sentence which would be imposed if you agreed to plead guilty to a certain charge. Even if you agree to a "deal" with the prosecutor, the plea and/or sentence will still have to be approved by the judge. The judge has the final word on sentencing unless the prosecutor is going to dismiss the case in its entirety.
If your case is not settled or dismissed, then you will probably be going to jury trial. The judge presides over the trial by ruling on legal questions, while leaving questions of fact to be determined by the jury. This is perhaps the area where thejudge has the most power over your case. By the time the trial begins, the judge has determined how the trial will be conducted and what evidence will be received based on pretrial rulings.
The trial judge may be the same judge you appeared before for the pretrial proceedings, or it may be a different judge who has never participated in the case before. In some courts, the judge handles the case all the way through from start to finish; while in other counties, the court has set up specialized departments, with each having a part of the case's procedure to handle. In those courts, certain judges are assigned to preside over the trial of the case with different judges conducting the pretrial proceedings.
As electrifying and exciting as a jury trial may be, a good criminal defense lawyer wants to keep his or her client out of court as much as possible. But, sometimes a criminal case will have to go to trial simply because there is no other way to win except trial. If a trial is requested by you, then you will, of course, have to personally attend. The length of a criminal trial will of course depend upon the type of case you have. Most misdemeanors usually can be tried with two to four days, depending again on the charges you face. A felony trial may take between five to ten days, again depending upon the type of case; and, some cases may take weeks and even months to try. All is dependent upon the type of case and the number of witnesses call. The longest trial I have ever tried was a triple murder case that took nine months.
The next subject I want to cover is "pretrial proceedings"; in other words, all the court proceedings that take place prior to the actual trial of your case.
Pretrial procedures most often relate to the filing of motions that can dispose of the case without the necessity of a trial. However, there are other pretrial motions used for purposes of preparing the defense that do not go directly to a dismissal of the case. An example of this is the motion for pretrial discovery. Here, the lawyer seeks to ensure that you are in possession of all of the evidence that exists in the case which the prosecution has in its possession. If a discovery order is violated, some sanction may be imposed by the court but, in all probability, it will not result in a dismissal of the case. However, a violation of discovery rules may place the prosecution in a tactically-poor position which sometimes can lead to a favorable settlement.
After you were arrested, the police booked you into custody. Typically, you were released on a citation release, without having to post bail. A citation release is just like you posting bail. Your signature on the citation operates as a promise for you to appear on the date indicated on the citation. If you fail to appear as promised, this, in and of itself, is a separate offense apart from the criminal charge for which you were originally arrested.
The other way you could have been released is through a bail bondsman or by you yourself posting bail. If you make all your required court appearances, the bail bond will be exonerated, e.g., set aside, at the end of the case.
If you posted your own bail directly with the clerk of the court, or did so through a friend or relative, then at the end of the case, and assuming you have not failed to appear, you will receive the entire amount of the bail back. If you posted a bond using a bondsman, then you will not receive any refund because the premium you paid was for the cost of the bond.
Your first appearance before the court will be the arraignment. As stated earlier, the arraignment is when the judge informs you of what offenses you are specifically charged with, and you inform the judge how you are going to plead. The court will not hear any defenses to the case at this time. If you already have a lawyer, then a plea of "not guilty" will probably be entered. If you do not have a lawyer by the time of the arraignment, you can ask the judge for a continuance to obtain the services of an attorney. The judge will generally not ask you to enter a plea at this time without counsel and will generally give you reasonable time to secure the services of an attorney.
If you cannot afford to hire a private attorney, then you can request that a public defender be appointed to represent you.
Arraignment procedures can vary from county to county. For example, in some counties, the court will set the matter for a pretrial conference as well as a jury trial date right at the arraignment. Other courts may set a date for a pretrial conference to explore the possibility of disposition and settlement before setting a jury trial date. Whatever the local court practice, the matter is going to be continued for the possibility of a disposition short of trial. Generally, the courts hearing misdemeanor cases are the busiest of all the trial courts in the county, so both the judge and prosecutor will want to see if a settlement can be reached in your case.
After the arraignment, the attorney will be pursuing discovery. The discovery process is available for you to determine what evidence the prosecutor has to prove the charges. Your lawyer will want to see if the prosecutor can prove all of the elements of the crimes you are charged with committing. Information turned over by the prosecution on discovery enables your attorney to explore any and all legal claims, which may prevent evidence from being used at the trial.
Sometimes the evidence may have been obtained in violation of your right to privacy; your rights to be free from unreasonable search and/or seizure. Statements may have been obtained against your right against self-incrimination, or you're right to counsel. There are many other areas of protection that your defense lawyer will want to litigate and determine before you are asked to stand trial. The determination of these issues may affect the outcome of the case and possibly lead to a more favorable settlement. If this is the case, then these points will be the subject of certain motions to exclude or limit evidence at trial. These motions, in urn, will then be the motions which will comprise your pretrial motions. These will then almost always be heard prior to trial and, sometimes, even prior to a pretrial conference. In some situations, defense counsel may want to have the pretrial conference heard first to discuss these motions with the prosecutor and the court in hopes of reaching a settlement offer. Local rules of court may dictate when such motions can be made and this will factor into counsel's decision of which motions
to file.
Even if the pretrial motions do not totally dispose of the case by a dismissal, the motions can still have a possible favorable impact by limiting certain evidence or strengthening a position which will come up at jury trial. Sometimes a motion may "lock-in" certain testimony, which later becomes invaluable at trial.
Once the pretrial motions are heard and ruled upon by the judge, the case should be ready to proceed to trial. Sometimes the court, or your attorney, will want to set a further date for the purpose of one last pretrial conference. This period of time between the hearing on the motions and the setting date can give the parties one last chance to re-evaluate their positions and decide whether or not to run the risk of trial.
This is probably a good place to talk about the prospect of trial and what risks and consequences are attached to a decision to proceed to trial.
Factored into this decision are the following considerations: Will a pretrial disposition involve jail time? Will the disposition result in you having a criminal record? Could the disposition expose you to civil damages? (If you were charged with an offense which was in any way connected to any injuries or property damage, you might escape jail, but end up paying a lot of money for the damages from a civil suit or claim). Also, a major concern to most people is the impact a disposition will have on their record. You should take all of these factors into consideration in deciding whether or not the pretrial offer is a good one.
A plea bargain is an offer extended by the prosecutor to settle the case for a negotiated disposition. The prosecutor may be willing to drop certain charges if you plead guilty to other charges. The prosecutor can recommend a certain sentence if you plead, but the ultimate sentence imposed is always up to the judge.
The judge, of course, must sentence you within the bounds of the law; i.e., the judge cannot give you a greater sentence than allowed under the statute, nor can the judge give you a lesser sentence than the statutory minimum. As an example, certain offenses require that you spend a minimum amount of time in jail. The judge cannot sentence you to less than the amount of time set by statute.
Any plea bargain that the prosecutor extends ultimately will have to be accepted or approved by the judge. In most cases the prosecutor is familiar with the particular judge and knows what he or she will usually impose as a misdemeanor sentence. Almost routinely, the judge will approve such a misdemeanor disposition unless he or she feels it is very much out of line with the facts surrounding the offense.
The concept of plea-bargaining comes in two forms. The first, as discussed above, is that you will accept a plea to a charge, and in return, other charges will be dismissed. For example, in exchange for a plea to "trespass", the "shop-lifting" charges would be dismissed. You could thereby avoid the consequences attached to the shop-lifting charges.
There is another aspect to plea bargaining: Sentence bargaining. Only the judge has control over the exact sentence imposed. The prosecutor cannot control the sentence, only the charge to which you agree to plead. Occasionally, the judge will impose a sentence different from what the prosecutor seeks. If this situation occurs, you will, of course, consult with your lawyer as to your options. It may be that suchaction by the judge will alter your decision about pleading guilty.
The dynamics of plea-bargaining, in both forms of a plea and a sentence, take place throughout the case. Usually, offers to settle are freely discussed as the case proceeds through litigation.
Once the best offer is made and approved by the judge, then you will have to make a decision as to the benefits and disadvantages to the offer to settle the case. This is, by definition, a compromise. In a compromise, both parties get something that they want and lose something they want. The question always is, what are you gaining or losing in the process?
While it is common for a client to ask us what our opinion is on the settlement, it is neither our role nor our proper place to tell you what to do. Whether you accept the deal or not is your decision and your decision alone to make. If you turn down the deal and go to trial and lose, it is you and not the lawyer that will pay the price of that decision. If you take the deal, thereby giving up your right to a trial, it is you, and not your lawyer, who will be wondering whether or not you did the right thing and might have won at trial.
After you have made the decision to go to trial, the pretrial proceedings in a strict legal sense have come to an end. There will still be some motions, referred to as motions in time, which will be heard before trial, but these are motions which can only be heard by the actual judge who presides over the trial. These motions seek to limit or exclude certain evidence before the jury.
Your Attorney will continue with the factual and legal trial preparation of the case as the trial date draws near.
A crime under California law which carries a minimum sentence of at least one year in the state prison is defined as a felony. Some crimes are defined in the Penal Code as "wobblers." This means the prosecutor could charge them as misdemeanors or felonies.
There is little in your life, save a major health problem, that can even come close to destroying your life like a felony charge. Little can prepare you for the anxiety and pressures that you will find yourself under while facing this type of charge. Why? Because, if you are convicted, you can be sentenced to state prison. Whether or not you actually serve a prison sentence will be discussed, but the pure pressures of the process is horrific.
After you have been arrested, the police will book you into custody. If you are arrested on a felony, there are several ways in which you can be released. First, you can be released through a bail bondsman or by you posting bail. A bail bondsman usually charges you a premium for posting the bail-bond, and that is generally 10% of the actual amount of the bond. For example if your bail is $10,000.00 then the bondsman would charge you $1,000.00 as their fee for posting the $10,000.00 surety bail bond with the clerk of the court. The bondsman will usually also require some collateral against the remaining amount in case you fail to appear, making the bond subject to forfeiture.
If you make all your required court appearances, the bail bond will be set-aside at the end of the case. You will receive no return of the fee that you paid the bondsman because that is the money the bondsman earned in taking out the surety bond, similar to an insurance policy, on you.
If you post your own bail, or a friend or relative does so, the entire amount must be deposited directly with the clerk of the court. The full amount will be returned to you at the conclusion of the case provided, of course, you have made all court appearances.
You could also be released through your promise to the court that you will return on a given date and time. This is called a court "OR" (a release on your own recognizance). This can be undertaken directly from the court when you first appear in court for arraignment, or from an "OR" project that interviews individuals after arrest that have been unable to make bail. They then complete an "OR" report that will go to the court which can either be approved or rejected by the judge.
In most felony arrests, "OR" is not easy to obtain, but if you are a first offender, have strong family ties to the community, have employment and no prior failures to appear for court, then there is a chance you could get an "OR" release. The type of charge you are facing, as well as the circumstances involved in the case, will be determinative of the judge's decision to grant or deny an "OR" request.
All felony offenses are first brought before the court for arraignment, pre-preliminary examination motions and preliminary hearing. All felony charges have two levels of proceeding in California. They start in Superior Court where the judge sits as a magistrate to determine whether or not probable cause exists for you to be tried. If the judge finds that there does exist probable cause, then you are "held to answer" and arraigned again for trial.
Your first appearance before the court will be the arraignment. The arraignment is the judge informing you of what you are charged with and taking your plea. The court will not hear any defenses to the case at this time.
Once your lawyer appears and the plea of not guilty is entered, the court will then set the matter down for a pre-preliminary examination conference. This procedure, at the arraignment, can vary from county to county. For example, in some counties, the court will set the matter for a pre-preliminary conference as well as a preliminary hearing date right at the arraignment. Other judges will set the date for what is called a superior court review to see if there is a chance of a disposition, and then only later set a future preliminary hearing date if the case cannot be
Following the arraignment, the discovery process is available for you to determine what evidence the prosecution has on you to prove the charges at the preliminary hearing and later at the trial. The defense wants to see if the prosecution can prove all of the elements of the charge against you. If so, then you have to explore any and all legal claims which may prevent the evidence from being used at
the preliminary hearing and/or the trial.
Sometimes, the evidence may have been obtained in violation of you rights to privacy; your rights to be free from unreasonable search and/or seizure; statements may have been obtained against your right against self-incrimination, or your right to counsel. There may be many other areas of protection that your defense lawyer feels should be litigated and determined by the court before you are asked to stand trial. If this is the case, then these points will be the subject of certain motions to exclude or limit this evidence at the preliminary hearing and/or the trial. These
motions, in turn, will then be the pretrial motions which your lawyer will want to be heard prior to the preliminary hearing. In some situations, he or she may want to have the preliminary hearing first, and then take these motions up for review to the Superior Court. The motions can also be calendared for hearing following the preliminary hearing in the Superior Court. There may be certain tactical decisions which dictate that these motions not are brought at the preliminary hearing. For example, in a motion to suppress evidence, the defendant is usually only allowed to have one evidentiary hearing; in other words, you can only call the searching police officer at one hearing to give testimony on the facts of the search. Your attorney may elect to hold off on this motion until after the preliminary hearing. On other occasions, the motion may be made and heard at the preliminary hearing.
Sometimes, your defense counsel may want to use the motions as a bargaining tool with the prosecutor to see if a more favorable disposition can be reached. Other times, these motions are used to improve the defense's position at trial. This is often the situation in accident cases.
In a felony case, you have the right to a review of the magistrate's ruling holding you to answer under Section 995 of the California Penal Code. Under this section, you have the right to have the magistrate's ruling, as well as other proceedings which took place prior to the holding order, re examined to determine whether or not the holding order might have been illegal.
Once the pretrial motions are heard and ruled upon by the judge, your case should be ready to proceed to preliminary hearing. In some courts, the judge will want to set a further date for purpose of setting the actual preliminary hearing date. Often, this period of time between the hearing on the motions and the setting date will give the parties a chance to re-evaluate their respective positions and decide whether or not they should run the risks of proceeding further.
From your perspective, you will want to know if any pretrial disposition will involve county jail time or a commitment to state prison. Secondly, will the disposition result in you having a criminal record? What future consequences would the felony conviction have on your life? Will you lose your civil rights, i.e., will you still be able to vote, hold public office, possess a firearm, and keep any state licenses that you may have? Could the disposition expose you to civil damages? If you were charged with an offense which was in any way connected to an accident, or people were injured, you might end up exposing yourself to damages from a civil suit. You should take all of these factors into consideration when deciding whether or not the offer to plead is a good one for you.
A plea bargain is an offer extended by the prosecutor to settle the case for a negotiated disposition. The prosecutor may be willing to drop certain charges if you agree to plead guilty to certain charges. The prosecutor can recommend a certain sentence if you plead, but the ultimate sentence which will be imposed upon you is within the sole discretion of the judge. The judge, of course, is bound to sentence you within the bounds of the law; i.e., the judge cannot give you a greater sentence than that allowed under the statute you agree you violated, nor can the judge give you a less severe sentence if required by the law.
Felony sentencing is governed in California under the Determinate Sentencing Act. The sentencing laws call for a predetermined set level of a sentencing range for every felony as defined in the California Penal Code. For example, if you were to plead guilty or be found guilty of rape (Penal Code Section 261) you would face a sentencing range of 3 years, 6 years, or 8 years in state prison. Assuming certain rules of mitigation would apply to your case, the judge could then sentence you to a mitigated term of 3years. If, on the other hand, the judge found that aggravating
circumstance applied to you, then you could be sentenced to the aggravated term of 8 years. Otherwise, the court will always impose the middle term of 6 years.
If you are eligible for probation, the court will still sentence you to the determinate prison term, as set out in the above example, but the court can stay the execution of the sentence and place you on probation. Sometimes, as a condition of probation, the court will impose a county jail commitment, which must be less than 1 year.
Remember, a felony is defined by law as a crime punishable by prison. Prison is an institution where you are kept for more than 1 year; county jail, on the other hand, is a custodial facility where you are kept for 1 year or less.
If applicable, the prosecutor can also allege an "enhancement."
A sentencing enhancement may mean that more prison time could be added to the final sentence; it could also mean you would not be eligible for probation, even if you are a first offender; it could also mean that your sentence can be doubled in some situations. Sentence enhancements must be stated in the charging document. Your lawyer will advise you whether or not they apply to your case. Enhancements are covered by law and specifically defined in the Penal Code. Your lawyer will discuss these with you if it appears they apply to your case.
The preliminary hearing, sometimes called a preliminary examination, is nothing
more than a judge sitting as a magistrate to determine two legal questions: (1.) is
there some reasonable evidence to show that a felony has been committed? (2.) Is
there some reasonable evidence that connects you to that crime? If the magistrate
finds a "yes" answer to the two questions above, then you will be held to answer on
the felony charge for trial.
At the preliminary hearing, the prosecutor must produce the evidence needed to
obtain the "holding"; in other words, just some reasonable evidence to connect you
to the crime.
Most prosecutors will not put on a complete case at the "PX"; they will just want
to show the bare minimum of the elements of the crime.
If you have been charged with a federal offense, and it is a misdemeanor, then you will be notified by the United States Attorney's Office that a complaint will be filed against you. It may also happen that you may be taken right away following your arrest before a United States Magistrate. A Magistrate functions in a misdemeanor case like a judge. You have the right to have your case tried before the United States District Court before a U.S. District judge, but this is rarely done in most misdemeanor cases. Usually, your case will remain in the Magistrate's Court for all proceedings.
The procedure for a federal misdemeanor is rather straightforward. You will be arraigned, at which time you will be informed of the rights you have before the court as well as the charges which you are accused of committing. The court will ask for a plea, if counsel represents you, or the court will continue the case for a short period of time in order for you to obtain counsel for your defense.
Once a plea is entered, which usually is "not guilty" then the case is continued for a pretrial conference or for a future setting date, at which time the court will be informed by the parties, that is the defense and the prosecution, whether or not there is a settlement or disposition in the case. If this happens, then the case is resolved at that juncture and in accordance with the terms agreed to by the parties and approved
by the court.
If, on the other hand, the case is not settled, then you will continue with the litigation. Usually, pretrial motions will be set along the lines of what has been discussed in the preceding misdemeanor section regarding pretrial motions. It is not unusual for some pretrial motions to be brought and heard before substantial settlement talks can take place. If the case still is not resolved, then it will be set for
In a federal misdemeanor, you have the right to a jury trial if your punishment could exceed six months in jail. Otherwise, you only have the right to a court trial; that is, a trial presided over by the federal magistrate who will decide whether or not you are guilty.
If you have been charged with a federal crime which is defined as a felony, which is the most likely type of federal crime that is prosecuted, then you will be either charged by Complaint, filed in court by the United States Attorney's Office, alleging the crimes they believe you committed or you will be indicted by the Federal grand jury.
If you have been indicted, again the most common procedural method, then you will appear before a United States Magistrate and be arraigned. This is the formal advisement of the charges filed against you and your right. The rights are the same as in California state court. You may go back and review those in the previous chapter if you have questions.
After the arraignment the case will be continued to the calendar of the federal judge assigned to your case. The judge will then set future status dates and move the case on his or her calendar for all pretrial proceedings and possible trial.
How Can I Help My Defense?
The fact you retained an excellent criminal defense lawyer does not relieve you of your responsibilities in your defense. Remember, a good lawyer will want you to become actively engaged in your case. Now it is time for you to start.
The first thing to remember is that you are not a lawyer. Do not attempt to acquire a legal education overnight or during the course of your case. You will, no doubt, learn a great deal about the criminal justice system before your case is over, but please do not look upon it as your job to become as knowledgeable about the law as your lawyer. That does not help your defense.
What can, and should you, do?
Since you do not have to worry about working on the legal issues (that's what you hired a lawyer for), you can focus upon being a real ally to your lawyer, and hence, your case. Any and all documents relating to the case which are in your possession should be disclosed to your lawyer. You should be candid with your attorney on all the facts which even potentially may impact your case. You should also start to assemble the names and contact information for all witnesses that you think can help. If you need to call character witnesses then these people should also be contacted and asked if they would be willing to testify in court on your behalf.
Always remember to be in court on time. This probably sounds like such a simple thing, but you would be amazed at how many judges get upset when a case is called on the court calendar and the lawyer has to ask that the matter be passed until the client arrives. This may seem to be a minor inconvenience for the court, but some judges will actually issue a bench warrant for your arrest, or the judge can drop you to the end of the calendar call. This means you will not get your case called until close to noon on the morning calendar. Not good.
You should, of course, never miss a court date unless you are informed by your lawyer's office that your appearance is excused.
What should you wear to court? This is a question often asked. The answer is simple. Come to court as you would for any important meeting or event where you want to make a good impression.
Co-operate with your lawyer's office as completely as possible. If you are being kept well-informed by your lawyer, then you know that all that can be done is being done on your behalf.
The psychological impact of being arrested and charged with a crime can easily lead to depression and confusion. Do not permit this to affect your decision of which attorney to hire, the attorney-client relationship and, most importantly, your defense.
It is important to accept the reality of what has happened to you. Rightly or wrongly, justly or unjustly, you have been arrested and charged with a crime. Clear and calm thinking will help you to take whatever steps are necessary for you to putyourself at ease.
Your lawyer will send you a copy of the charging documents, and explain all of the charges against you and what it all means. Anything you do not understand, ask to be explained until you do understand.
The lawyer will also send you copies of all police reports and all other documents that will impact your case. You should read and review all of these documents carefully.
Most good criminal defense lawyers will also have a good support staff trained in criminal court procedures. They can be a great resource to you for daily information and updates on your case; don't be afraid to ask them questions. They are there to assist the attorney in providing you the most efficient defense.
Your willingness to purchase and read this book demonstrates your commitment to your defense. You have already taken the first productive step at ensuring successful representation.
Keeping the information that you received in this book in mind; balanced with the totality of circumstances surrounding your case; you should now have a good starting point to select defense counsel. And once you have selected a good criminal defense attorney, you can rely upon their skill and knowledge in raising and litigating all the favorable legal issues in your defense. You are now ready to
understand and assist in your defense.
Good luck!


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Rumor has it! This vintage home was designed on a cocktail napkin by famous Arts and Crafts Architect Bernard Maybeck. It has a really nice vibe and sits upon a sunny knoll. You can do a little gardening or re-create the path to the creek. Needs a little TLC, but has so many nice features and updates. Don't let the address fool you! Easy in/out from Clear Creek Rd next to the new Brookdale Lodge. Nicely paved driveway too. Big kitchen w/ sweet dining nook and cool windows. Big family room off the kitchen and another one off the entry. 3 bedrooms/inside laundry. A vintage one car garage needs a re-do, but will be great when it's done. Over an acre of land here. 2 parcels! Clear Creek, an actual creek, borders one edge of property and can be heard from back side of home. Lots of room to relax and roam. Are you a nature lover or seeking privacy and space? This is your place! TAKE CLEAR CREEK FROM HWY 9. Driveway may be tricky the first time you try/You can park by garage below and walk.
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subset: commoncrawl


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Electoral Apartheid Disastrous Step Backwards
Change of Voter Entitlement Advocated - Peters
The Rt Hon Winston Peters MP, Leader of New Zealand First and MP for Tauranga, today said that the Report of the Justice and Electoral Law Select Committee yesterday recommending proceeding to separate Maori constituencies for Environment Bay of Plenty is electoral apartheid and a disastrous step backwards.
" Creating separate Maori constituencies at the local body level when South Africa has dismantled its system of apartheid shows how out of whack Labour and the Alliance, supported by the Greens, have become. Moreover it demonstrates the indolence that has now become the norm of representation in Parliament's Maori seats.
"Why create two separate Maori seats when there are already two Maori on the Council elected by all voters, of the twelve seats, and end up with two separate Maori seats of sixteen that will be there in the future under this empowering legislation? That is not increasing Maori representation – it is diminishing it, but it is separatism and that is clearly what the Government wants. It ghettoises Maori representation in these seats and, worse still, it shows how idle sentiment is now a substitute for hard work by some Maori MPs.
"If they really wanted to help the Maori people in the Western Bay then the Maori Members would have pushed for a change to allow shareholders in Maori corporations to have the same voting rights as those unit owners in a body corporate property. That would mean that hitherto unfranchised Maori would get a vote based on land ownership which is the only fair and constitutional measure to address the issue of fair representation. Instead, the Government, supported by the Greens, have mindlessly gone down the path of apartheid and ethnic politics which can only be disastrous for Maori and all New Zealanders," said Mr Peters.


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All facts supplied on FamilyLawRights.net is to be used at your very own discretion. By filling out the Free Scenario Evaluation Sort you will end up contacted by an affiliated attorney from our corporation. You are not obligated in any technique to type an attorney client partnership.
When the custodial mother or father fulfills this Preliminary stress of proof, then the load shifts on the non-custodial mum or dad to point out which the relocation is just not inside the best fascination on the child.
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HARTSVILLE, S.C.- The Coker College women's lacrosse team host the Shepherd Rams for a non-conference game on Friday (Mar. 16) after their week-long break in action.
Faith Kent leads the Navy and Gold with 36 points (24 goals and 12 assists). In their last game against Findlay on Friday (Mar. 9), Kent became the first Cobra (men or women) to eclipse 200 career points in lacrosse. Haley McCusker has 15 goals and three assists to her credit thus far. McCusker also has the team-high in ground balls with 18 and draw controls with 25. Kent and Sarah Bryson follow with 21 and 12 draw controls, respectively. Katie Driskell is the other Cobra in double-digit ground balls, scooping up 13 and causing a team-best 11 turnovers. Cassie Williams has 55 saves through five games for Coker.
The Rams are guided by Lillian Funke's 27 points (21 goals and six assists) and Regan Brown's 22 points (13 goals and nine assists). Casey Hickman leads the team with 25 ground balls and Funke's nine caused turnovers. Hickman, the goalie, has collected 46 saves through five games.
Opening draw against Shepherd is scheduled for 11:00 a.m. Tickets for the game are $5 for adults, $3 for students and free to all Coker faculty, staff and students.


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We're moving back to the big house. Yet another house came on the market for well below our price ($40K less), and that sealed the deal for us.
We're moving quickly in order to avoid another month of bills come August. In fact, we've already emptied our entire storage unit and put most of it in it's proper location in the house. That, in fact, was a little like Christmas day - unpacking all my good dishes, staring into a cavernous pantry. But the best part is that I can't recall what I gave away. I know I gave away tons and tons of stuff, but since I don't remember what, I certainly haven't missed it. And I also know that the pantry will remain large and cavernous because we now live on next to nothing in the way of groceries.
We're moving August 1st - which is Caroline's second birthday (whole 'nother post coming there). We'll have her party the following weekend at home, where we can accommodate more people inside and out of this blasted heat. And for those of you more than passingly familiar with a calendar, this also means I'll be moving less than a week after returning from BlogHer '09. That's how we roll: chaos on top of chaos.
The girls (okay, we'll mostly Hannah, since Caroline doesn't remember the old house in the slightest) are thrilled. Over the moon, really. And the prospect of more sleep through the miracle of separate rooms has Todd and I bit giddy, too. As does the dishwasher and lack of a scorpion population.
Todd has already put in job applications at the Home Depot and Dick's Sporting Goods just up the street. And I've got leads on childcare options.
Mom and I are talking about turning the cabin into a vacation rental. Of course, we'd need my grandpa's permission. But it would be a nice way, I think, to recoup some of the cost of owning this place - like property taxes - while still leaving it available for family use.
Some of you had asked about the pressure of keeping up with the Joneses. It's a valid concern. But we're no longer in a position to even pretend. With no credit cards, and a hardscrabble battle to pay the most important bills each month, we couldn't cave into whims even if we wanted to.
It's still going to be a tough week-by-week fight for the foreseeable future. All we can do is continue to make the best choices we can when confronted with tough decisions. A big thank you to all of you for being an invaluable sounding board.


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If you Join Amazon Prime, you'll have an opportunity so as to add further Amazon Channels on your subscription, If you'd like.
Filmora excels at educating users to work with these tools, and anybody with the endurance to understand will discover it useful. Filmora also has several of the best sharing possibilities of the programs we reviewed. After you're carried out with your challenge, you'll be able to export it to some file, add it to YouTube (or other video-sharing web-site) or perhaps burn up a DVD. Pros
Compose the review 1st, for those who had to return the product for whatsoever motive. Amazon is picky about products getting in the possession when reviewing.
Some software can optimize your download conversion for particular devices, with the best ready to have a lot more than one hundred preprogrammed optimization files that operate the gamut from iOS and Android smartphones and tablets to gaming systems just like the PlayStation and Xbox.
I can't believe that we only averaged 19.four mpg. Once you can't even take care of to have the expected metropolis gasoline overall economy on a tests loop that includes almost every sort of driving There may be, that's past disappointing, and treads in the realm with the unacceptable.
Netflix is often streamed freely working with Wi-Fi or possibly a mobile internet connection with Android phones and iPhones alike, similar to with Amazon. There are simply just less hoops to jump by way of than with Amazon.
The reviewers assigned to evaluate video editing software all Have got a history in media production, specifically video. Our reviewers have applied the programs they review in the professional setting as well as within their personal lives. Their reviews and evaluations are knowledgeable not only via the hard knowledge they collected, and also by decades of personal experience utilizing these kind of programs.
There's extra benefits and options than these, but they're those which are the most significant as well as essentially the most taken benefit of…and you'll try out all of them out with the Amazon Prime free thirty-working day demo.
These figures fluctuate slightly based on the 3rd-social gathering resource you talk to, so we only use this being an approximate guidebook, but Netflix seems to acquire an edge with regard to pure quantities in this article in the united kingdom.
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Make sure you terminate your Prime trial ahead of it finishes unless you're satisfied to pay for out for an additional calendar year, although. Go through that previous sentence yet again – it's crucial.
Where You will find there's combination of content, for example within the PS4 application, the various strands of material are cleanly walled off, and Prime written content has a transparent sticker in excess of the corner.
I'm not ridiculous enough to speed toward a stationary object to test this characteristic for you, dear reader, so I will just say that the inclusion of this technology is part of the organization's dedication to zero deaths or really serious accidents in a completely new Volvo by 2020.
MY VIDEO Plan is a great way that will help Little ones who need visual cues as reminders. There's a big selection of jobs and functions here, from receiving dressed video reviews games to about to course, cleansing the house or going browsing.


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DDLab-Self Service Portal22 February 2011 10 min read.
Now that we have a Dynamic Data Center infrastructure, we can now progress to the new level, and add the additional framework for implementing a Private Cloud. Using the infrastructure we have now implemented, I am going to take advantage of this framework and use Operations manager to deploy the new Virtual Machine which we will use for the Self Service Portal 2.5 code.
As with the previous deployments, we can refer to the table we created at the start of the project, which will have the reference details needed to complete the customisation of the node for our new role. Using SCVMM we will deploy the new node to the LAB
And once deployed, we can ensure that the correct static IP is assigned.
|C: [30Gb] – System
|C: [30Gb] – System
|**C: [30Gb] – System**
|C: [30Gb] – System
After you have confirmed that your Virtual Machine is a happy member of the domain, we will sort out the prerequisites and jump into the installation.
Ok, so now that we have the new node ready for configuration, we will get on with the work.
We have been here before with the previous nodes, so lets start with loading up your PowerShell console again and we will get this process rolling.
Service Accounts
From the PowerShell console we need to import the Active Directory module so that we can organise a service account
Import-Module ActiveDirectory
New-ADUser -Name "!VMMSSP Server" -SamAccountName !svcVMMSSPServer -Description "VMM Self Service Portal Service Account" -Enabled $true -AccountPassword (Read-Host -AsSecureString "Password") -Path "OU=Services,OU=Operations,dc=damianflynn,dc=demo"
New-ADUser -Name "!SSP Administrator" -SamAccountName !SSPAdmin -Description "VMM Self Service Portal Administrator" -Enabled $true -AccountPassword (Read-Host -AsSecureString "Password") -Path "OU=Services,OU=Operations,dc=damianflynn,dc=demo"
Next we will add this service account into the Local Administrators Group of this server also, as SCVMM will check for this privillage during installation
$computerName = "$env:computername"
$localGroupName = "Administrators"
Prerequisite Features
We need to get a few more roles and features installed on our server so that we can Install all the components of System Centre Virtual Machine Manager Server.
Import-Module ServerManager
Add-WindowsFeature AS-NET-Framework,WAS,Web-Common-Http,Web-Asp-Net,Web-Net-Ext,Web-ISAPI-Ext,Web-ISAPI-Filter,Web-Http-Logging,Web-Log-Libraries,Web-Request-Monitor,Web-Http-Tracing,Web-Basic-Auth,Web-Windows-Auth,Web-Digest-Auth,Web-Client-Auth,Web-Filtering,Web-Performance,Web-Dyn-Compression,Web-Mgmt-Console,Web-Scripting-Tools,Web-Mgmt-Service,Web-Metabase,Web-WMI,Web-Lgcy-Mgmt-Console,MSMQ-Services,MSMQ-Directory
Once complete, we will have the IIS, and Windows Process Activation Services all installed and ready.
VMM 2007 R2 Admin Console
Ok, the last of the pre-required software modules needed, is the System Centre Virtual Machine Manager 2007 R2 Administrator Console. Installing this will ensure that the correct PowerShell modules are available on the server for the VMMSSPv2 services to communicate with our VMM2007R2 environment.
Once, installed, give the node a quick reboot, just to be sure everything has set in correctly, and we will get started on the installation of the new tool kit.
I will skip the how to for installing this console, as we have completed this process a few times recently.I'll not go trough the steps as we have covered that in the posting for installing VMM 2007 R2 earlier.
Once your ready, we can launch the installation wizard and get going. After a few seconds we will be greeted with the Welcome page, simply Click on Install
Review and accept the license agreement, and then click Next.
Click Toolkit server component, click Toolkit Web portal component, and then click Next.
On the Check Prerequisites page, wait for the wizard to complete the prerequisite checks, and then review the results. If any of the prerequisites are missing, follow the instructions provided. When all of the prerequisites are present, click Next.
Accept or change the file location, and then click Next.
Enter the database configuration information. Our SQL server as we know is LAB-SVR01, we can then click on Get Instances which should return just one Default. We will use the Credentials for Windows Authentication. And at the bottom of the page, make sure that Create a new database named is selected (the database name is not editable in the current release).
When you finish the database configuration, click Next.
Type the user name, password, and domain of an account for the VMMSSP service to use. Make sure that this account has the Log on as a service right. Click Test account to make sure that this account functions. When finished, click Next.
Enter the settings that the Web portal component uses to communicate with the server component. These settings include the name of the computer that runs the server component, and the port numbers of the Windows Communication Foundation (WCF) endpoint. When finished, click Next.
In the Data Center administrators box, type the user names of the accounts that you want to be able to administer the toolkit. In the Web portal, these users will be members of the Administrator role and will have full administrative permissions to the toolkit.
Type the name of the Data Center that the toolkit will interact with. When finished, click Next. at the start we created an Account called !SSPAdmin for this task, and I also add the Domain Administrator to the role
Enter the IIS configuration information for the Web portal component, and then click Next.
Important Remember to use the toolkit service account as the application pool identity.
On the Install the components page, review the settings that you selected, and then click Install. When the installation finishes, click Close.
Now, the installation will continue as the server is configured for us.
Finally, after a few minutes of work, we will get the final result page. We can Click on Close to finish the process.
Just for sanity, Check the Service account is running, and if not start it.
Next check that the Pool in IIS is also running
Magic – your are all set, now we can test that the installation worked. Open the web browser and type in the server name we just installed on (or use localhost if the browser is opened on same server), after a few seconds we should be greeted with a screen similar to this
If this is what you have the pleasure of viewing, then Congratulations, you have VMMSSP2 installed and ready for configuration.Tags: AD · Cloud · Guides · Portal · SCOM · SCVMM · SQL · WS/SC Previous Post: DDLAB–Configure PRO Next Post: DDLAB-SSP Configuration


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- "Oh, and for the record: I'm everyone's type."
- —Jackson to Patrick Dunbar in 2006.
Jackson's parents were murdered in 1990 which the killer was remain as unknown. He always grew up in a strict but loving family. Jackson loved his mother and had a great relationship with his father. He always had a rival relationship with his older brother Matthew Whittemore since they were kids, but that changed after the death of his parents. The bond between the brothers never could be any more closer after the trauma. Ever since the death of his parents, Jackson is being adopted by a Muggle family with his brother. It was horrible for him to be raised up in a Muggle family with people he didn't even knew. Thankfully, his older brother was there to take care of him as a father figure. Jackson never has loved anyone more than he did for his brother at that time.
Jackson's time at Hogwarts changed his life in a better way. He couldn't ask for better friends. Especially for Theo, which he always could count on. Jackson and Theo couldn't be split up and were always together. The two of them were named as Head Snakes, a sort like protectors for every Slytherin student. Something Slytherin House needed. Jackson and Theo expiriment at young age with each other since they always had interest for the same gender. However, they never been in a relationship nor did they had a crush on each other, they did had love for each other in a friendly way and with their thing going on, the two knew for sure they were gay. Jackson fell in love for the first time in 1993 with Hufflepuff student and soulmate Brody Hudson, something what was completly new for him. The two shared a beautiful history with up and downs, but sadly broke up after he found out Elemental Brody had some things going on with other Hufflepuff Scott McCall. However, Jackson's love for Brody never went away and that was for sure since they shared a long kiss at the Battle of Hogwarts.
Jackson's nightmare came true in 1998 when he finds out his older brother was killed by the same killer who murdered his parents; Fenrir Greyback. Risking his own life, he goes after Fenrir but was stopped by Voldemort, which he had a dangerous conversation with. Voldemort forced him to kill the Minister for Magic and uncle of his ex-boyfriend Garrett Douglas or Jackson would be killed himself. However, Jackson thankfully never had the chance to complete his mission when Voldemort got in a battle with the Elementals. After Jackson found out his love of his life was killed by Voldemort and his best friend was explained death, he took the run and made sure Voldemort couldn't find him to kill him.
With the return of the Elementals in 1999 to defeat Voldemort, Jackson returns from the shadows. He finds out that Brody with his brother and stepbrothers killed Voldemort and that Stiles Stilinski killed his target Fenrir, which Jackson is forever thankfull at. Jackson also finds out Brody is still in a relationship with Nate Kulina but finds peace with it, especially after everything that has happend.
After the war, Jackson got offer a job at the Ministery as the Senior Undersecretary to the Minister for Magic for his loyalty by not killing Garrett Douglass, risking his own life and reunited with his best friend Theo Raeken after he finds out he's still alive. Jackson also got in a one-night-stand with ex-boyfriend's step-brother Patrick Dunbar in 2006, where he got a closer friendship with and got back together with Brody that year. They married in 2008 and got three children together over the years: Hugo, Theodore and Rick Whittemore and owns a fire dragon Drogon.
Early life (1980-1991)
Jackson was born on June 15 1980. He grew up in a strict rich Pure-blood family and lived for several years in the Whittemore Estate.
Jackson loved his mother and had a great relationship with his father. He always had a rival relationship with his older brother Matthew Whittemore since they were kids, but that changed after the death of his parents. The bond between the brothers never could be any more closer after the trauma. Ever since the death of his parents, Jackson is being adopted by a Muggle family with his brother. It was horrible for him to be raised up in a Muggle family with people he didn't even knew. Thankfully, his older brother was there to take care of him as a father figure. Jackson never has loved anyone more than he did for his brother at that time.
Hogwarts years (1991-1998)
Jackson was sorted into Slytherin during his first year at Hogwarts. Together with his best friend Theo Raeken they were named as the Head Snakes of the house and joined together the Slytherin Quidditch team were he later became captain on.
Jackson had some issues with himself when he founds out he got a little crush on a older Slytherin student with the same gender. Because his curiosity, he expiriment with Theo by making out and having sex without having romanticly feelings for each other. All of their dorm mates were aware of this activity by hearing them moaning over the room.
This activity stopped in 1993 when Jackson fell in love with the love of his life and soulmate Brody after Quidditch practise and became closer between the months. They started a romantic relationship together which ended in 1994 when Jackson found out about Brody's activity with his best friend Scott McCall. However, Jackson and Brody finds their way back together in 2006 and were married and became parents of three beautiful children.
Personality and traits
Jackson is known for having an arrogant, confident, and narcissistic personality, but much of it is just a show to cover up how insecure he is. Since he learned he was adopted, he has always worried about being the best at everything he does, and is willing to do whatever it takes to attain top ranks. Jackson's personality is also heavily influenced by his wealthy upbringing, and he often bragged about his designer clothing and the fact that he flew the Nimbus 2001.
However, though Jackson's primary focus is usually on himself, there is a compassionate side of him, which he demonstrated when he tried his best to protect his friends from being harmed by him. He even went so far as to kill himself to make sure he wouldn't hurt anyone, though fortunately, he was resurrected afterward. However, his personality and behavior since he moved to Hogwarts remains unknown.
When finding the love of his life, Jackson's softer side comes above when he meet Brody. When the two of them are getting into a romantic relationship, makes Brody him a guy with self-respect and respect for others. While being into a relationship and showing other students about his sexuality, he doesn't care much for it as he did. He started to be caring and protective of his boyfriend when other students acts weirdly about it. That Jackson would do anything for his lover, is for sure.
Physical Appearance
Jackson is a handsome and lean man of medium stature who has dark blond hair and blue eyes. He often dresses in trendy and fashionable clothing, such as boot-cut jeans, button-up shirts, cardigans, scarves, and mirrored sunglasses. During formal occasions, he has been seen in Hugo Boss suits, and he also wears a lot of name-brand exercise clothing from Nike and Adidas during lacrosse practice.
Brody Hudson
The relationship between Brody Hudson and Jackson Whittemore starts in 1993 when they met each other after a Quidditch practise, with thanks to Patrick Dunbar. When Brody sees Jackson for the first time, there changed something inside of him what made him feel unconfortable. Something what he didn't know at first, but he knew it was something he didn't discored yet. When Brody looked into Jackson's eyes, he felt really warm inside of him what he couldn't understand, but wanna discover. The two got into a really lovely conversation and started to know each other better. They liked each other and wanna hang out more, and they do.
At their free time, when Jackson didn't had practise for the Slytherin Quidditch team, the two walked over the bridge and got into a lovely talk. Jackson tells him that he is captain of the Slytherin Quidditch team, and that he spend a lot of time by training to win the House Cup for his house. Brody likes the fact that he is one of those Slytherin people who is nice to him. Not that every Slytherin student is mean to him, but they didn't show any intrest in him, expert for Jackson. Jackson seems to be very intrested in Brody, by asking about his life. Brody tells him that he is in a relationship with Kim Hall, and he also tells him that he felt in his second year alone. The two became closer, and Jackson invited Brody to give him private flying lessons, to help Brody with his flying skills.
At a beautiful evening, the two practise at the Quidditch field. Jackson learns Brody how to have control on the Broomstick and not to fall. The two of them share a very romantic moment when Jackson is sitting behind Brody, as the two are flying in the sky on the same broomstick. Jackson is taking care of Brody by holding his hand above Brody's, to take the lead of the Broomstick by flying safetly. After flying around Hogwarts, with a beautiful moonset with beautiful shining stars, they go down to the ground. Brody thanked Jackson as he became closer to him, feeling very in love, and when Brody was really close by Jackon's lips, they share a romantic first kiss.
After accepting himself that he is in love with Jackson, he breaks up with Kim Hall, and got official in a relationship with Jackson. The two share romantic moments into the school and are kissing in front of other students. Some students acting very weird about their relationship, but Jackson is there to step up to the haters and to protect Brody from those students. They both are willing to die for the other, and they both care so much for the other. Jackson supports Brody in everything and is willing to protect him. Jackson is sometimes jealous when Brody is talking to other boys or when Kim Hall tries to steal him back from him.
Jackson occassionally comes over to his house to celebrate the holidays with his family. He is accepted by the family and share a very good bond with Brody's mother Carole and Brody's brother and follow Quidditch captain, Finn.
Unnamed ex-crush
However it is not talked about it much, Jackson did had a crush back in 1992. That Jackson never kept his sexuality a secret was for sure since he got in love with some follow Slyth student. It's confirmed that this student was from year 5 at his time, and probably did graduate. Jackson has never been with this unnamed student into a relationship.
Good Friends
Theo Raeken
Jackson Whittemore has been Theo's best friend even before they started to attend Hogwarts. Jackson is the only one who knows of his bad relationship with his parents, but Jackson keeps his mouth about it to others because it's not his business to tell. Based on the stories Theo told him, Jackson refuses to ever go to the Raeken household, which is not going to happen at all because Theo doesn't invite anyone to his home. Instead, Theo either always stays at Hogwarts during the holidays or he stays somewhere else (this place is now the Hudbar household ever since his third year.)
Theo and Jackson are the "Head Snake" of Slytherin with Santana acting as their "Deputy Snake", their second-in-command (which caused a lot of anger and irritation with Alex Russo, especially now that Santana is teasing her about her status while she has none.) Theo and Jackson had to fight hard to gain this status within their House as many students from higher years protested against it or thought they could snatch that title from them but in the end, the duo got what they wanted and won.
Theo and Jackson decide what happens in Slytherin House and what the rules are that every Slytherin has to follow. Whatever they say is law. Their Head of House, Professor Snape, knows about what happens within his House as is, in fact, encouraging it. Professor Snape hopes that this will bring some structure back into his House.
Patrick Dunbar
Jackson met Patrick Dunbar after a quidditch practise in 1992 when he's in his second year. The two exchanged good luck wishes before a Quidditch match between Hufflepuff and Slytherin. Patrick never really thought much of him other than the fact that he was nice and friendly, unlike most Slytherins, until he found out that Jackson was dating Brody in secret.
Without telling Brody, Patrick went behind his back to meet up with Jackson to inform him that if he ever did anything to break Brody's heart, that Patrick would come back and break something of his. Jackson, who normally never backs down when he's being threatened, felt impressed by his boyfriend's brother and promised that he'd take good care of Brody and that he'd never do anything to harm him.
When someone of his family is being threatened or bullied, Patrick usually goes to Jackson and his boyfriend Theo to ask them for help in getting revenge. The two Slytherins gladly offer their services; Jackson becomes a very good friend of Patrick because of the traits they share.
Santana Lopez
Jackson and Santana Lopez probably have met each other in Jackson's first year at Hogwarts in 1991. They're both in Slytherin house. It is known that the two get along well to each other and share fun jokes about Gryffindor at the Slytherin Dungeon. The two share their the hate from this house as they both team up to bully some annoying Gryff students, as Santana is known as schools biggest bitch.
When Santana comes in a conflict with Gryffindor Alec Tate in 1992, Jackson stoods up for her together with Theo Raeken by telling Alec to back off. The friendship between Santana and Jackson changes when Jackson hungs out with Hufflepuff Brody Hudson, by becoming softer, which Santana doesn't like much.
However, both seems to have intrest in the same sex, since Santana is openly lesbian and Jackson is openly gay, and they both support the relationships with Brody and Brittany. Santana was named the "Deputy Snake" by Jackson and Theo and the Slytherins will have to answer to her if both Theo and Jackson have other duties to attend to and are therefore unavailable.
Alex Russo
For the very first moment when being sorted into Slytherin in 1991, Jackson and Alex Russo hang out together with Theo Raeken. They share on good terms and walk many times aside when they walk through the school. Jackson likes the humor and sarcasm of her and when Jackson have a bad day, Alex knows how to perk him up.
Although Alex can be jealous sometimes of Jackson when he hungs out with Santana, she always tries to get Jackson's attention. When she discoverd Jackson's sexuality, she seems to be very disappointed. It is unknown if Alex had a small crush on Jackson, but after hearing the news of him being into a relationship with Brody, she supports him in every way she can.
Finn Hudson
The relationship between Finn Hudson and Jackson is greatt and on good terms. They probably knew each other when Jackson was joining the Slytherin Quidditch team as they are both Seekers. So they probably met official somewhere in 1992. With Finn being the captain of the Hufflepuff Quidditch team and Jackson being captain of his team, they both meet each other often to plan how to destroy the Gryffindor Quidditch team, since they both wanna make sure that they don't win the House Cup. Besides their Quidditch experiences, they greet each other in the hallways and seems to be on good terms.
Their friendship became official ever since Finn knows about his relationship with his little brother Brody. When Brody told Finn about his sexuality, Finn supports both of them and their relationship. Finn and Jackson became closer and they both like to drink at Hogsmeade to get to know each other a little better. Jackson visit the Hudbar household to celebrate the holidays and to have fun together.
Liam Dunbar
Not that Jackson and Liam share a close relationship, but they seems on good terms. They met probably when Liam knew about his relationship with Brody or when they both have a Quidditch match. Jackson and Liam didn't had one moment together, but when Jackson visit the Hudbar family at holidays, they talk alot about Quidditch. Since Jackson knows that Brody cares much about Liam, he takes an eye on him when the Hudbar siblings are not around.


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Cosmo the Seedrian is a plant-like alien spieces known as Seedrian. She made her debut in the 3rd season of Sonic X. She hasnt appeared in any Sonic-related games or media since her debut.
Basic informationEdit
Name: Cosmo
Age: 8
Gender: Female
Spieces: Seedrian
First appearence: Episode 53 of Sonic X
Family: Hearita (Mother), Galaxina (Sister)
Relationship with TailsEdit
In Sonic X, it is proven that Cosmo and Tails are good friends and in the Japanese version, Tails even confesses his love to her. So there is a love interest between them.Unfortunately,Cosmo was created purely for Sonic X and wont be appearing in any other Sonic Games or Media unless a season 4 of Sonic X is released.


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A 24-year-old man died on Saturday after his head was crushed by a steel pipe which he was carrying while on duty at Buck Hall in the north west.
According to reports, Kelvin Jordan, called 'Chicken', of Lot 8 Fellow-ship, Den Amstel, West Coast Demerara, was carrying the steel pipe along with four other individuals when he lost his footing and slid and as a result, the large pipe "come and lash him to his head".
The man's grandmother, Thelma Jordan said her grandson did not die on the spot. "They sent for a medic and a nurse travelled along with him but by the time he reach to Parika he start losing it and when he reach to Leonora, they pronounce him dead," the woman explained.
Thelma recalled receiving a telephone call around 9:30 pm that evening but said when she picked up the phone, she got no answer.
"About two minutes after I get the phone call, my neighbour's children start screaming and rolling and trampling and hollering so I jump up again and try to call them and when I do get them, they saying `we chicken, we chicken' and `I say what happen to `Chicken' and they say he dead and I say where and they say in the bush," the elderly woman recalled.
The woman said her neighbours received the information from a relative who is employed as a nurse at the Leonora Cottage Hospital. "They wake up de whole neighbourhood that night," Thelma said.
She stated that after she got the message, she informed her children who then went to the hospital and identified the body and had it transported to the mortuary.
The post-mortem examination, the woman said, showed that Kelvin sustained a fractured skull.
Thelma recalled her grandson coming over to her home, as he usually does, and having his breakfast before leaving around 8:30 in the morning. "He told me he might go in the bush but I thought it was the Monday after or so but like after this material come early they go over to transfer it," she stated.
Jordan lived on his own in his father's house located next door to his grandmother but the woman said that he grew up with her. "I does do all the cooking and everything for him and he does come in when he done work late and get he tea and so and then he does go over and sleep", she noted.
The boy's mother died when he was three years old and his father died in a road accident almost two years ago.
His grandmother pointed out that his employer visited the home yesterday morning and spoke to one of her sons. She said she was not yet informed of what was discussed but added that she does not think she will pursue the matter. "If they come forward and say look leh we stand the funeral expense and things like that I don't think I would take it further because is a lot of fatigue…justice ain't prevailing," she opined.
Jordan was employed by a company to "do foundation work" for Barama Company Limited.
Jordan's grandmother described him as a respectful, kind and sweet child who is well-known by his friends for his always visible smile. She further stated that he was very hard-working and was never found to be idle.
He is survived by four brothers and one sister.