One of the most subversive websites on the planet (with absolutely no hyperbole!). http://www.excessivebail.com What defense lawyers say when the judge is off the bench. Wed, 31 Dec 2014 22:26:05 +0000 en-US hourly 1 http://wordpress.org/?v=4.0.1 Happy New Year, what? six years??? http://www.excessivebail.com/happy-new-year-six-years/ http://www.excessivebail.com/happy-new-year-six-years/#comments Wed, 31 Dec 2014 22:22:15 +0000 http://www.excessivebail.com/?p=5739 Here at Excessive Bail (TM), we get beat up from time to time commenting on judges lowering the boom on seemingly minor criminals.  Call it the Napoleon Complex applied to judges or what have you, but we are known for making fun of judges for giving a defendant a three year sentence for stealing a […]
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Here at Excessive Bail (TM), we get beat up from time to time commenting on judges lowering the boom on seemingly minor criminals.  Call it the Napoleon Complex applied to judges or what have you, but we are known for making fun of judges for giving a defendant a three year sentence for stealing a candy bar. In a stunning reversal of this trend we are now going to make fun of a judge giving too light a sentence.* Earlier this month the secretary of Bernie Madoff was sentenced to six years in prison.  Now to be honest that sentence is about right if you believe that some fraudsters secretary was actively involved in the criminal fraud.  However, the judge, as many judges do, felt like sentencing someone wasn’t enough … they felt they should explain why on the record.

The prosecutor asked for 20 years

The defense attorney asked for 8 to 10

The judge gave her six.

Why? Because the defendant was short.  Literally.  4 foot six inches short. Now there are a lot of reasons to reduce a sentence.  This isn’t one of them.  If your logic is that a person is short and may be abused by the system because of their stature, then you don’t send them at all.  If you send them for six instead of 20 I think you have to explain why a short person can do six but can’t do 20. Just sayin

Law Dude, Ray Flavin, is a DUI attorney who represents drivers that have been charged with DUI in McHenry County Illinois. His law offices are located across the street from the McHenry County Courthouse in Woodstock, IL.

*Query whether this is actually a reversal because we are still making fun of judges sentences.  So there’s that.

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