Tuesday, August 10, 2010

The Federal First Offender Improvement Act of 2010 – And How It May Affect Your Rights in Florida

St. Petersburg Criminal Attorney and Former State Prosecutor Melinda Morris of the Morris Law Firm discusses The Federal First Offender Improvement Act of 2010 – and how it may affect your rights.


Issue:

The Morris Law Firm consistently works with first time offenders who often have questions about the criminal justice system and any legislation or case law that may benefit their specific case.

The Morris Law Firm is often asked about the Federal First Offender Improvement Act of 2010 (H.R. 6059) by first time offenders who want to know if such federal legislation may affect the outcome of their case.

The Federal First Offender Improvement Act of 2010 (H.R. 6059) sponsored by Rep. Pedro Pierluisi, D – Puerto Rico, seeks to amend title 18 of the United States Code, to provide for deferred sentencing and the possibility of dismissal for drug offenders, and for other purposes.  In essence, H.R. 6059 allows in specific non-violent cases for first time offenders to complete a period of probation, and then have the charge dismissed without a conviction being entered.  The result is that the first time offender can truthfully deny having been convicted of the underlying criminal offense.  The bill also allows for expungement of such a crime.



Why This Matters To You:

While the bill provides enhanced benefits for first time offenders, it has not yet been successfully passed and is currently referred to the House Committee on the Judiciary.  Some states (such as Georgia) have specific legislation in place that closely mimics H.R. 6059.  To date, Florida does not have such legislation in place.  An Act such as H.R. 6059 would preempt any state legislation.  The Morris Law Firm will closely track the progress of the Federal First Offender Improvement Act of 2010 (H.R. 6059) and other legislation that may impact our clients’ cases.  Up to date information on this legislation and other case law affecting clients’ cases can be found on the Morris Law Firm Blog – Morris Law Firm Matters.

The Morris Law Firm has experience in assisting first time offenders, and focuses on seeking dismissals, reduction in charges, pre-trial diversion, and sealing and expungement of criminal charges which closely resemble the types of benefits the Federal First Offender Improvement Act of 2010 seeks to provide.


What To Do Next:

If you have been arrested as a first time offender, contact an experienced criminal defense attorney before communicating and making statements to any law enforcement agencies or the State Attorney’s Office.  Contact the Morris Law Firm at (727) 388-4736 for a Free Initial Consultation.

The Morris Law Firm, St. Petersburg and Tampa Federal First Time Offender Act Attorney,  is focused on defending first time offenders.  Melinda Morris, managing partner of the Morris Law Firm is a former State Prosecutor and experienced criminal defense attorney.  The Morris Law Firm will fight for your rights and defend your case seeking to minimize any negative impact on you.  The Morris Law Firm can help and has specific knowledge and experience in first time offender criminal defense for clients throughout Pinellas County and the entire Tampa Bay, FL area (St. Petersburg, Tampa, Hillsborough, Pasco, Manatee, Sarasota, and Polk).