JANUARY 13, 2005
Attorney Anne Borghetti looks to expand defense ruling of Supreme Court
In the ever-changing world of Federal Sentencing the next chapter has begun, and Defense Attorney Anne F. Borghetti is forefront and pushing the envelope.
The most recent alteration in the Federal Sentencing scheme involves the decisions in Apprendi v. New Jersey to Blakley v. Washington, awarding the defendant back their 6th Amendment right to jury trial and determination 'beyond a reasonable doubt' regarding sentencing. This determination in Booker v. United States, will alter all Federal Indictments, Plea Agreements & any and all sentencing choices made in Federal Court.
This will represent a major change in Federal Law and Attorney Anne F. Borghetti is on the cutting edge, challenging, under appeal, the past, present & future rulings, under a collateral challenge of interpretation of the application of the former Federal Sentencing Guidelines.
Ever vigilant, Anne Borghetti is attempting to expand the application of this de novo revision of the recent defense favorable Supreme Court Ruling.
(2) State issue
JANUARY 8, 2005
State Court/Traffic Court
LATEST UPDATE IN LICENSE SUSPENSION NOTIFICATIONS
The State of Florida Department of Highway Safety and Motor Vehicles Division of Driver License in Tallahassee, Florida, has been sending Order of License Revocation, Suspension or cancellation Notices to individuals under Habitual Traffic Offender Florida Statute 322.27(5) for offenses pled to some two to four years prior in some cases.
Under the present state of the law the Clerk of the Court is ordered to send the information when a person pleads to certain charges directly to Tallahassee to affect their license. It has been reported that the Clerk of the Court had a computer glitch and this was not done for some time. As a result individuals who pled to DWLSR charges some years earlier are learning that as a direct consequence of their plea DMV is habitualizing them.
Attorney Anne F. Borghetti, has been successful in working with the individual traffic offender and DMV to get the suspension back dated. In most cases this allows the individual to get a hardship license or at least be eligible for a hardship license. In several cases motions have been done to the Court amending the Statute pled to removing the suspension/revocation altogether and the person is able to get their normal class license back.
Through the DMV and the Traffic Court, Attorney Borghetti intends upon addressing these issues to avoid the inequities of such a late notification and harsh consequence of suspension
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