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David M. Edelstein, PA
2,427 followers
2,427 followers
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David M. Edelstein, PA's posts

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Adjust your rearview mirror, we're about to backwards: Sessions signals he’d abandon Obama sentencing, police oversight reforms http://dedelste.in/2iGthOB

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I wore the other hat in this case representing the victim for a change. After a long day in court, justice was served with a guilty verdict. And it tasted just as sweet..

http://www.usatoday.com/story/sports/mlb/2016/09/08/hector-olivera-found-guilty-assault-sentenced-jail/90094634/

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The picture undoubtedly would have been better if I had been clutching a copy of the Constitution to my chest. But unfortunately, I left my copy at home..
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Kudos to Rep. David Richardson for going above and beyond in his diligent selfless commitment to effecting change in the State's much maligned prison system. A shining example of public service, and to what's possible when a determined individual stops talking, and starts doing.

We're lucky to have him.



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Incredibly, I find myself tipping my hat to Gov. Rick Scott for signing a bill this week repealing the draconian 10-20-LIFE law that requires stiff mandatory minimum sentences for crimes committed with firearms. This one-size-fits-all law caused some glaring injustices in a number of cases. Sadly, this law will not be applied retroactively to those cases—but at least, there won't be any more

Now for those draconian drug law mandatory minimums...

Read the story here: http://dedelste.in/1QmcCsS
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As a former public defender, I know first-hand how much of a difference  I made in people's cases. That being said, public defender offices are underfunded and overburdened. It is refreshing to see the chief of the Justice Department's civil rights division recognize the plight of poor criminal defendants and the need for meaningful funding of the right to counsel.

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Sometimes, things are not what they seem.

In this case investigators made the assumption that my client was stealing gas from the County because he pumped it into canisters. If they would have conducted a thorough investigation—or given my client an opportunity to explain—he would never have been arrested.

But it's hard to convince someone they were wrong, especially if it means they have to confront the possibility that they have destroyed an innocent person's life. It's much easier—and less threatening to your ego and self image—to continue on the path of least resistance and not second guess yourself.

So we will probably be forced to go to trial. If the Judge doesn't dismiss it first...

http://www.nbcmiami.com/news/local/Suspended-Police-Sergeant-Speaks-Out-After-Alleged-Gas-Theft-315075851.html
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Federal Courthouse at Sunset 
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