Wednesday, July 3, 2013

Does an All-Female Jury help or hurt Zimmerman?

In Florida, unlike California, only six jurors are selected to try a criminal matter. The exception is capital cases where the death penalty is sought. In those cases a panel of 12 jurors must be chosen. In George Zimmerman’s murder trial, a panel of only six jurors was chosen after nearly two weeks of jury selection process. All the jurors happen to be females. Five of them are Caucasian. There are 4 alternates, 2 males and 2 females.

Due to high profile nature of the criminal trial, all jurors’ names will be confidential and they will be sequestered, which means they won’t be allowed any communication of any type with the community during the course of the trial. They may be allowed very short visits with their family members at the hotel where they will be staying.

Does an all-female jury help the defense or the prosecution? There are arguments on both sides. Some may think having a panel of all women is not a fair cross-section of the community. But apparently, the prosecution and the defense both allowed that to happen. Women and especially mothers tend to favor the victims. Their decision could potentially be affected by their emotions if they have to make a close call. This could work against Zimmerman.

On the other hand, women are very protective of their children and want order in place. So, they may believe that one who creates disturbance must be treated with authority. Does that mean Zimmerman could kill if Trayvon in fact attacked him? That would depend on a number of facts. That’s why eventually, male or female, the jurors would have to use their reasonable judgment to come up with a verdict.


Could George Zimmerman get the Death Penalty if Convicted of Murder?

George Zimmerman admitted to killing Trayvon Martin on the night of February 26th, 2012 in a gated community in Sanford, Florida, but claimed he acted in self-defense and that he was the one crying out for help. Zimmerman was free for approximately 45 days, but due to public outrage, was eventually arrested and charged with second-degree murder.  If convicted, he faces a maximum sentence of life in prison without the possibility of parole.

Second degree murder in Florida is defined as: “The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life.”

Had Zimmerman been charged and found guilty of a federal hate crime involving murder, he could have potentially faced the death penalty. In a federal court, the prosecution would have to prove that Zimmerman acted with hatred toward the victim and killed Trayvon Martin because he was African American.

On the night Zimmerman shot Trayvon Martin, a panicked male voice was heard by dispatchers crying for help when a woman called 911 to report the incident. Then a gunshot was heard that took Trayvon Martin's life. He was only 17.


Saturday, June 1, 2013

Aggressive DUI Criminal Defense Attorney Los Angeles

866-5-DEFEND
For a DUI Criminal Defense Attorney to fight your DUI case, you may need to have accurate responses to the following questions. Each DUI arrest is unique and it would help your lawyer better evaluate your case if you provide clear description of the events surrounding your arrest both before and after the stop.

1.         Have you ever been arrested for drunk driving in Los Angeles before?

2.         Have you ever been convicted of drunk driving before?

3.         In what City in California were you arrested for Drunk Driving?

4.         What was the date of your arrest for DUI?

5.         What alcoholic beverage did you drink prior to the stop?

6.         Did you admit to the officer that you had something to drink?

7.         Did you admit to the officer that you used any drugs?

8.         Did you have a valid driver’s license at the time of the arrest?

9.         Did you have valid insurance at the time of the arrest?

10.       Did a police officer or a witness see you driving?

11.       Did you admit you were driving?

12.       Were you involved in a traffic collision?

13.       Was any passenger injured in the traffic collision?

14.       Was there anything mechanically wrong with your vehicle?

15.       Why did the officer stop you or pulled you over?

16.       Did you immediately stop after the police activated his siren?

17.       Did you have difficulty pulling over and parking the car?

18.       Did you have difficulty producing your driver's license or registration?

19.       Did the officer give you any field tests?

20.       What tests do you remember doing?

21.       Have you ever had injuries involving your ankles, knees, or back?

22.       Do you have any mouth, teeth, or gum disease?

23.       Do you believe you passed the field sobriety tests?

24.       Did the officer give you a breath test out in the field?

25.       Did the officer tell you could refuse to take this test?

26.       Did the officer give you a choice of taking a blood or breath test?

27.       What was the result of your tests?

28.       Did you refuse to take a breath or blood test and why?

29.       Were you advised your license would be suspended if you refused?

30.       How did the officer obtain your breath sample?

31.       How many breath samples did you give?

32.       Did you eat, drink, urinate or vomit prior to the test?

33.       After taking the breath test, did the officer offer blood test?

34.       If you gave blood, was your arm cleansed with a non-alcohol swab?

35.       Did you take the blood test voluntarily or was it coerced

For More information on Aggressive Defense of a DUI case, visit our website


Law Offices of Tony M. Seyfi  866-533-3363

Saturday, March 9, 2013

ACCUSED OF CHILD SEXUAL ABUSE? YOU ARE NOT ALONE.

Child molestation or child Sexual abuse are very serious charages in Los Angeles, California and require the help of an experienced Criminal Defense Attorney. This crime occurs when an adult engages in any type of sexual act with a minor under 18 years of age. If an adult unlawfully touches a minor under the age of 14, more severe penalties may be the result. It is unlawful for an adult to touch an intimate part of a minor's body for the purpose of sexual gratification. This is sometimes referred to as "lewd act upon a child".
Child molestation in California could be prosecuted under different Penal Code Sections: 261(a) PC, 261 PC, 288(a) PC, 288 PC, 261, 288, Forcible rape, 273a(a), 273a, 288(b)(1), 288.8, 289

Defenses to Child Molestation

Numerous defenses are available to a Child Molestation, a minor's abuse, or Child Sexual Abuse charges. An experienced Los Angeles Criminal Defense Lawyer must carefully examine the case to find out what particular defense must be alleged and argued.

"Lack of intent or Accidental Innocent Contact"

One common defense to Child Molestation is "lack of intent". Here, defendant claims that he either did not touch an intimate part of the child or if he did it was accidental or necessary, and not for sexual pleasure. An experienced investigator may play a big role in examining the totality of the circumstances of the alleged sexual misconduct.
Defense of a child molestation case is very case specific and directly related to how the defendant has lived his life and his interaction with children overall. Since jurors are never sympathetic to the defendant in child molestation cases, it is essential that the defense attorney defend these cases with particular caution without attempting to discredit the child. The defense attoney must also utilize the services of numerous experts such as psychiatrists or physicians in demonstrating the unlikelihood that the defendant committed the alleged sexual assault. The use of character witnesses is also helpful in personalizing the defendant in the eyes of the jurors. For a free consultation, CALL 866-533-3363
To get more information go to our website