A Hernando County judge denied Barbara Diffendal’s motion to reduce her 13-year prison sentence for DUI manslaughter earlier this week. Diffendal accepted a plea agreement this summer but, shortly after arriving at the state prison in Ocala, she reconsidered and asked the court to lower her sentence.

In a two-page plea to the judge, Diffendal tried to explain what happened back on January 5, 2008 when she lost control of her car on U.S. 19, crossing into oncoming traffic and killing Jeanine Costello Bethoney.

Diffendal fled the scene of the accident on foot with her 4-year-old daughter, who was uninjured. Hernando County sheriff’s deputies found them later.

She was charged on Sept. 24, 2008 with DUI manslaughter and leaving the scene without rendering aid. According to arrest reports, toxicology results showed she had been under the influence of alcohol. She faced a maximum of 30 years and a minimum of about 11 years in prison.

Now, Diffendal says she had a sandwich, chips and two beers earlier that afternoon. She saw flashing lights and lost control of her car. She ran away with her 4-year-old daughter because she was scared and because she had soiled her pants. According to Diffendal’s letter, she was not under the influence of alcohol.

In the letter, Diffendal argued that her blood alcohol level was 0.05, which falls under the level where state law presumes impairment and that she agreed to a plea bargain because she didn’t want to cause more pain for the victim’s family.

“IT WAS AN ACCIDENT one that I am so very sorry for,” Diffendal wrote. “Anything less then (sic) the time I have now would be a blessing.”

Unfortunately for Diffendal, her denial of any influence of alcohol comes a little late. She already pleaded guilty to the crime. It is extremely difficult to get a court’s approval to withdraw a guilty plea or reduce a sentence. Second-guessing your decision to plead guilty after you’ve seen the inside of a prison is never going to be accepted as a valid reason to set aside the plea, conviction and sentence.

There are instances in which a guilty plea can be withdrawn and the conviction set aside. A defendant should explore every detail of his or her case however with an experienced criminal defense attorney before attempting to much such a request to the court in order to maximize the chances of a positive outcome.

The National Association of Criminal Defense Lawyers issued a report this week which analyzes the national use of drug courts.The group says that low-level drug offenders deserve treatment in the public health sector without being penalized by the criminal justice system.

The first drug court was started in Miami-Dade County in 1989 as a response to the rocketing numbers of drug-related crimes. More than 2,100 such courts exist today across the country, including the local Tampa Bay counties.

The criminal defense lawyers’ report concludes that failing in a drug court program often means defendants face tougher sentences than if they not sought help at all. The group believes that defendants shouldn’t have to plead guilty to receive treatment.

The local paper quoted Jim Downum, Hillsborough County’s drug court coordinator, on the report. Downum believes that the Hillsborough County drug court works well.

“You have people with substance abuse issues. That may be a public health issue, but they’ve broken the law to get here. The legal system has to run its course as well,” said Downum.

There are drug court programs in Hillsborough, Pinellas, Pasco, Manatee and Sarasota counties. In drug court programs, a judge typically monitors offenders for 12 to 24 months as they receive intensive treatment and other services. They are held accountable by the judge, must complete treatment, take regular, random drug tests and appear frequently in court for progress reviews.

See Also:

• Florida Drug Courts Celebrate 20 Year Anniversary

Earlier this month, we wrote about the federal indictment of Beau Diamond of Sarasota for wire fraud and money laundering. Federal prosecutors allege that Diamond ran an elaborate Ponzi scheme involving foreign currency (Forex) trading.

Although the national headlines have been dominated by the Bernie Madoff Ponzi scheme stories, Southwest Florida seems to have more than its fair share of these fraudulent stories.

Diamond, Arthur G. Nadel and John and Marian Morgan all face federal charges for allegedly fraudulent investment schemes based out of Southwest Florida. State investigators say there are likely dozens more schemes in various stages of investigation in Florida.

It seems that Southwest Florida’s laid-back lifestyle, its high per-capita wealth and its relative old age make the area attractive to financial scammers. Older residents, living on fixed incomes, often become vulnerable to the promises made by Ponzi schemers. (more…)

A Pasco County jury took just minutes to deliberate and then acquit Robert Corbin of driving under the influence. Back in March, Pasco deputies were dispatched to a storage center to diffuse a fight between Corbin and his girlfriend.

When they got there, deputies saw Corbin’s 2006 Harley-Davidson motorcycle lying on the ground nearby. One deputy wrote in his report that Corbin – who had apparently already downed a few beers – fell off his bike, then ran toward the stairs of the building, “leaving the motorcycle on its side still running and the key in the ignition.”

The deputies charged Corbin with DUI. (more…)

Derrick McNeal of Tampa escaped the death penalty this week in a Hillsborough County courtroom. McNeal was convicted of the first-degree murder of a toddler but the jury recommended that he be sentenced to life in prison without parole.

On July 4, 2005, McNeal drove his pickup truck into a crowd of people at a party. His ex-girlfriend Tosha Montgomery was allegedly the target of his actions. Montgomery was pinned against a wall by the truck. When McNeal backed up and drove away, he left two-year-old Demontaye Simmons dead and two other children injured.

McNeal was then charged with murder, aggravated assault and aggravated stalking. Montgomery testified that McNeal stalked her for months prior to the July 4th incident. (more…)

Barbara Branks, the owner of a Clearwater immigration services business, was indicted last week on federal charges of conspiracy to defraud the United States. Federal prosecutors in Tampa allege she conspired to prepare fraudulent applications for asylum and forged documents supporting the applications.

Branks owns and operates La Gringa Professional Immigration Services in Clearwater. The indictment alleges that she prepared false applications and documents in almost 20 cases, from 2006 to 2009. (more…)

A Sarasota jury voted 12-0 earlier this month to recommend giving Michael King the death penalty for killing Denise Lee in January 2008. Before the judge sentences King, though, he will have the opportunity to present more evidence in support of his plea to avoid execution. This next hearing, set for October 28, is referred to in Florida as a “Spencer hearing.”

Sarasota Circuit Judge Deno Economou will ultimately decide if King is sentenced to death or life in prison. He is not bound by the jury’s recommendation but must give “great weight” to the jury’s advisory sentence.

King’s Spencer hearing is scheduled to last two days. Attorneys and even King himself will have the opportunity to present evidence to Economou. The defendant will reargue his mitigating evidence. The prosecutor can have additional victim impact statements read into the record. (more…)

A Sarasota County grand jury indicted David Myers of Venice, Florida, last week on on first-degree murder charges. He was previously charged with second-degree murder. The speculation is that prosecutors may now seek the death penalty for Myers.

Prosecutors now have 15 days to file a notice if they intend to seek the death penalty. The notice is filed as part of a procedure for cases that have elements that might make the death penalty appropriate. They claim that no decision has yet been made regarding the death penalty in the Myers case.

Law enforcement claims that Myers shot his ex-girlfriend, Maureen Modlin, in the face at her home this past June, then shot her three more times. He also shot and killed her boyfriend, Michael Lee Bistranin. (more…)

Beau Diamond of Sarasota, son of “Fit for Life” health guru Harvey Diamond, was charged last week in federal court with wire fraud and money laundering.

The U.S. Attorney’s Office in Tampa alleges that Diamond engaged in a fraudulent Ponzi scheme involving foreign currency (or “Forex”) trading. They claim that about 200 investors contributed nearly $38 million to the younger Diamond for trading. Unfortunately, all of the funds were allegedly dissipated through Ponzi distributions, losing trades, and diversions to Diamond for his personal benefit. (more…)