Legal Rights Presentation for the Black Male Empowerment Summit 2010


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During this presentation William K. Boddie of Atlanta's Boddie Law Group, LLC made at the Black Male Empowerment Summit held at Georgia State University in 2010, Attorney Boddie helps black youth understand their legal rights and the implications of certain behaviors.

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Legal Rights Presentation for the Black Male Empowerment Summit 2010

  1. 1. Black Male Empowerment 2010 at GSUAttorney William K. Boddie, Jr.
  3. 3. What is the Definition of Being a Leader?
  4. 4. Is he a Leader? Why or Why Not?
  5. 5. Is he a Leader? Why or Why Not?
  6. 6. Are these Men Leaders? Why or Why Not?
  7. 7. Definition CHARACTERISTICSOne who takes responsibility for his family, Honest, Bold, Courageous, Assertive, community, and life. Focused, Balanced, Knowledgeable, Spiritual, HealerWebster - The condition of being a human being. MANHOOD MANHOOD EXAMPLESPaul Robeson Mike WeaverMalcolm X Keene Walker NON-EXAMPLESDr. Martin Luther King Jr. Akil Secret Weak, Passive, Pensive, uninformed, overlyJohnnie Cochran Gary AndrewsMinister Louis Farrakhan Rob Daniel emotional, wife beater, child molester, deadDerrick Boazman Mawuli Mel Davisi beat dad, race hater, scared.William BoddieWekesa MadzimoyoDerrick RiceMike Kweku WebbDouglas EvansA.B. JihadRay Muhammad
  8. 8. What Does Being a Leader Has To Do With Knowing Your Legal Rights? 1) Leader-Seeks Knowledge 2) Leader-Tries to Understand Knowledge that he Seeks 3) Leader-Utilizes the Knowledge that he has Learned 4) Leader-Shares his Knowledge With Others
  9. 9. The 4th Amendment of The U.S. Constitution Unreasonable Searches and Seizures"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized."
  10. 10. Jay-Z’s Interpretation of The 4th Amendment
  11. 11. So I...pull over to the side of the roadAnd I heard "Son do you know why Im stoppingyou for?"Cause Im young and Im black and my hats reallowDo I look like a mind reader sir, I dont knowAm I under arrest or should I guess some mo?"Well you was doing fifty five in a fifty four""License and registration and step out of thecar""Are you carrying a weapon on you I know a lotof you are"I aint stepping out of sh_t all my papers legit"Do you mind if I look round the car a little bit?"Well my glove compartment is locked so is thetrunk and the backAnd I know my rights so you gon need awarrant for that"Arent you sharp as a tack are some type oflawyer or something?""Or somebody important or something?"Nah I aint pass the bar but I know a little bitEnough that you wont illegally search my sh_t"Well see how smart you are when the K-9scome"
  12. 12. How To Deal With The PoliceThings To Remember… Do not answer any questions (except name and address) no matter how trivial Answer questions with questions, (i.e. “Do you know why I stopped you? What can I help you with officer?”) Do not physically resist (do not even touch an officer) Do not consent to any searches (of your body, your car, your house, or your possessions) Keep personal and private items out of plain view of the police Be non-confrontational Determine if you can leave - “Excuse me officer, am I free to go?” Never run Officers are not your advocates don’t believe what they say…ask for a lawyer Write everything down as soon as possible including officer’s name and badge # and witness names and their contact informationStatements to Remember… I do not consent to a search Am I free to go I have nothing to say until I speak with my lawyer
  13. 13. The “I Watch Law and Order” Quiz1. It is not a crime for you to throw a punch at a person’s face but miss.True or False2. A charge of Family Violence Battery can only be made if the incident involves a husband and a wife. True or False3. A misdemeanor conviction can be expunged from your record after 7 years.True or False4. A felony conviction can be expunged from your record after 20 years.True or False5. A person can only plead under the First Offender once.True or False
  14. 14. The “I Watch Law and Order” Quiz6. If you are with someone who commits a crime you can be charged as a party to a crime and face the same charges.True or False7. If you are convicted of committing two violent crimes you must be sentenced to life in prison without the possibility of parole.True or False8. Your driver’s license must be suspended if you are convicted of racing on highways and streets.True or False9. You can be convicted of Armed Robbery even if the gun is not real.True or False10. Certain criminal convictions could make you ineligible to receive aHope Scholarship for college.True or False
  15. 15. Domestic Violence Law(f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1)Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor; and (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection be applicable to reasonable corporal punishment administered by parent to child.
  16. 16. To “Hit A Lick”16-8-41. Armed Robbery; Robbery ByIntimidation(a) A person commits the offense of armed robbery when, withintent to commit theft, he or she takes property of another from theperson or the immediate presence of another by use of an offensiveweapon, or any replica, article, or device having theappearance of such weapon. The offense of robbery byintimidation shall be a lesser included offense in the offense ofarmed robbery.(b) A person convicted of the offense of armed robbery shall bepunished by death or imprisonment for life or by imprisonment fornot less than ten nor more than 20 years.
  17. 17. Ten Years vs. One MonthThe Cost Of Hitting A Lick The Slow But Safe “Grind”$1,000 = 10 years $6.25 an hour job10 years = 3,650 days 40 hours a week3,650 days = 87,600 hours 4 weeks (1 month) you will87,600 incarcerated hours for earn $1,000 $1,000 = $.011 (1 penny an hour)
  18. 18. Would you buy a $500 TV for $6,872 plus 1 year in jail?The Cost Of Kicking a Door The Slow But Safe “Grind”$500 (Flat screen pawned) $6.25 an hour job4 years probation $39 a 40 hours a week month= 2 weeks you will earn $500$1,872Attorney’s fees - $4,000Fines- $1,0001 year in Prison= “Priceless”
  19. 19. Expungement LawO.C.G.A. § 35-3-37 provides a method of expunging an arrestrecord…this statute generally provides that a person is entitled,on request, to expungement if charges have been dismissed,dead docketed, or nolle prossed unless certain facts are present.O.C.G.A. § 35-3-37(d)(3) provides that an individuals recordmay be expunged "if the prosecuting attorney determines thatthe following criteria have been satisfied: (A) The charge wasdismissed under the conditions set forth in paragraph (1) of thissubsection; (B) No other criminal charges are pending againstthe individual; and (C) The individual has not been previouslyconvicted of the same or similar offense under the laws of thisstate, the United States, or any other state within the last fiveyears, excluding any period of incarceration."
  20. 20. Too Fast & Too Furious? Under Age 21 If you are under 21 years of age in Georgia and convicted of committing any of the following offenses, your Georgia drivers license will be suspended: Serious Traffic Violations (Non-DUI) (1) Homicide by vehicle; (2) Any felony in the commission of which a motor vehicle is used; (3) Hit and run or leaving the scene of an accident; (4) Racing on highways and streets; (5) Using a motor vehicle in fleeing or attempting to elude an officer; (6) Fraudulent or fictitious use of or application for a license; If you are under 18 years of age, an accumulation of 4 or more points within a twelve month period will result in a suspension of your Georgia drivers license for at least six months. If you are 18 but under 21, any violation of 4 or more points will result in a license suspension for at least six months. If you are 21 or older and accumulate 15 or more points in any consecutive 24 month period, your license will be suspended for one year. Aggressive driving ......................................................................................... 6 points Reckless driving ............................................................................................. 4 points Unlawful passing of a school bus ................................................................... 6 points Improper passing on a hill or a curve ............................................................. 4 points Exceeding the speed limit by more than 14 less than 19 miles per hour ....... 2 points Exceeding the speed limit by 19 but less than 24 miles per hour .................. 3 points Exceeding the speed limit by 24 but less than 34 miles per hour .................. 4 points Exceeding the speed limit by 34 miles per hour or more .............................. 6 points Disobedience of any traffic-control device or traffic officer ......................... 3 points Too fast for conditions ................................................................................... 0 points Possessing an open container of an alcoholic beverage while driving .......... 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident .. 2 points Violation of child safety restraint requirements, first offense ......................... 1 point Violation of child safety restraint requirements, second or subsequent offense ..... 2 points All other moving traffic violations which are not speed limit violations .......... 3 points
  21. 21. Is BMF a Rap Group or a National Drug Gang?
  22. 22. “Hey mom I am in a rap group (gang)” In Georgia, a Criminal Street Gang is defined as: any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity. Existence of “Criminal Street Gang” can be established by: 1) Common name 2) Identifying symbols, signs, tattoos, graffiti, and attire
  23. 23. THANK YOU!