Myles S. Breiner - Attorney At Law - A Law Corporation, Inc.
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November 2013 Archives

Does Incarceration in Private Mainland Prisons Lead to Harsher Treatment of Prisoners?

As many as two-thirds of all criminal convictions in Hawaii lead to mainland incarceration, typically in private prisons in Arizona. Through the years, mainland prisoners have been subjected to numerous issues that do not seem to occur in the public, island-based correctional facilities, such as the following: 

Mitigating Circumstances Can Reduce Murder Charges to Manslaughter Under Hawaii Law

In Hawaii, conviction for murder can potentially carry a sentence ranging from 20 years to life imprisonment without the possibility of parole in the case of particularly heinous, cruel acts. While manslaughter is still a serious Class A felony offense, persons convicted of manslaughter typically receive lesser sentences than those convicted of murder. The prosecutor often has significant discretion when deciding how to charge a defendant. An important role of a criminal defense attorney is to negotiate lesser charges whenever possible. 

A Single White Collar Crime Often Involves Multiple Serious Charges

A typical business involves many complex operations, and white collar crimes often mirror the patterns of business operations. Once state or federal agencies set their focus on suspects in a white collar scheme, the investigations can easily take a year or more as they peel away each layer of the operation to uncover every illegal aspect. By the time they file indictments, alleged offenders must mount multiple defenses. Because of the detailed investigation and the complexity of the charges, anyone indicted for a white collar crime needs tenacious legal representation dedicated to unraveling the maze of charges. 

Addressing Substance Abuse Issues May Be an Important First Step in Reducing Domestic Violence

About 61 percent of domestic violence offenders have problems with substance abuse. In fact, many victims of domestic violence may eventually turn to alcohol or other intoxicants as a means for coping with their circumstances. While substance abuse treatment alone does not automatically cure domestic violence, it can play a vital role in helping offenders understand and correct their behavior. Additionally, pursuing voluntary treatment before trial can potentially help convicted offenders receive lighter sentencing. 

Legal Associations

  • HSBA Hawaii State Bar Association
  • Judiciary State Of Hawaii
  • Rated by Super Lawyers Myles S. Breiner SuperLawyers.com
  • United States District Court, Northern District of California
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