Misplaced Pages

San Marcos Seven

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The San Marcos Seven (or San Marcos 7 ) were seven demonstrators—Angela Atkins, Jody Dodd, Daniel Rodrigues Scales, Bill O’Rourke, Joe Gaddy, Jeffrey Stefanoff, and Joe Ptak—convicted of misdemeanor possession of cannabis following protests at the San Marcos, Texas , police station in March, 1991.

#591408

120-466: Three of the protesters (Gaddy, Stefanoff, and Ptak) pleaded not guilty and were convicted by juries; two received prison sentences and one received probation. The four who pleaded guilty were given deferred adjudication and were sentenced to do community service work. While incarcerated, Gaddy and Stefanoff went on hunger strikes . A protest camp supporting the San Marcos Seven grew outside

240-414: A Bachelor of Science in foreign service degree in 1968. Georgetown was the only university where Clinton applied. In 1964 and 1965, Clinton won elections for class president . From 1964 to 1967, he was an intern and then a clerk in the office of Arkansas Senator J. William Fulbright . While in college, he became a brother of service fraternity Alpha Phi Omega and was elected to Phi Beta Kappa . He

360-436: A Drug Enforcement Administration undercover agent who was tortured and murdered. Stefanoff, 38 at the time of arrest, was the second to stand trial. The judge was Warner. The jury deliberated for just 20 minutes. Stefanoff was sentenced to six months in jail. Ptak, 33, was the last to stand trial. He was sentenced to probation, and paid a fine. Gaddy started a hunger strike when his sentence began on November 14, 1991. He

480-499: A centrist Third Way philosophy of governance. His policy of fiscal conservatism helped to reduce deficits on budgetary matters. Clinton presided over the longest period of peacetime economic expansion in American history. The Congressional Budget Office reported budget surpluses of $ 69 billion in 1998, $ 126 billion in 1999, and $ 236 billion in 2000, during the last three years of Clinton's presidency. Over

600-457: A tent city called Hemp Town, which grew as followers joined. Ptak was awarded High Times magazine's Freedom Fighter of the Month for his leadership in facilitating the demonstration. Vicki Hartin was another local leader. Stahl was one of the supporters during the encampment outside the jail and he started a hunger strike at the same time as Stefanoff, which lasted 16 days. A half-dozen tents on

720-408: A $ 1,000 fine. Four of the protesters agreed to plea bargains and were ordered to do community service work and three went to trial. The civil disobedience was cooperative between protesters and police. Two of the nine protesters were not arrested for marijuana possession. One of them did not bring enough marijuana to be arrested. And one of them was on parole and was talked out of getting arrested by

840-518: A 52 percent to 48 percent margin. In 1976, Clinton ran for Arkansas attorney general . Defeating the secretary of state and the deputy attorney general in the Democratic primary, Clinton was elected with no opposition at all in the general election, as no Republican had run for the office. In 1978, Clinton entered the Arkansas gubernatorial primary. At just 31 years old, he was one of

960-435: A PBJ does not legally count as a conviction for a crime, and therefore the defendant is spared some hardships of having a criminal record, e.g. for purposes of job applications he or she does not have to disclose it as a conviction, though a full criminal background check will still reveal the case. The defendant, however, is still placed on probation and can be compelled to pay a monetary fine or other restitution, enroll in

1080-519: A defendant (filing agreement and deferred disposition), but only if there is an agreement between the prosecutor and the defendant or defense counsel to resolve the criminal charges through deferred adjudication. The first type of deferred adjudication is what is known as a filing agreement. Although there is no statutory authority in the Maine Revised Statues for a filing agreement, the basis and requirements for this type of disposition

1200-459: A deferred disposition, a person is deemed to have been convicted when the court imposes the sentence. The resolution of a deferred disposition is controlled by 17-A M.R.S.A. § 1348-B, which requires that the Court hold a sentencing hearing wherein the defendant has the burden by showing as a preponderance of the evidence that they have complied with the terms of the deferred disposition agreement. If

1320-459: A drug rehabilitation program, work community service hours, and/or less frequently, sentenced to imprisonment or alternative confinement. If the defendant carries out their sentence and behaves within the conditions of their probation (i.e. commits no further crimes), they become eligible for expungement three years after the judgment or when their probation ends, whichever is later (in some cases they can file early if they can show "good cause" to

SECTION 10

#1732798135592

1440-545: A filing agreement is a very favorable means to resolve the case in that it does not require the defendant to enter a guilty plea or admit to conduct. Furthermore, the conditions on a filing agreement are typically less onerous on a defendant and in the event that the Defendant fails to abide by the conditions of the filing agreement, the State has to move the Court to restore the case back to the docket, which, if granted, affords

1560-475: A firm second-place finish. Winning the big prizes of Florida and Texas and many of the Southern primaries on Super Tuesday gave Clinton a sizable delegate lead. However, former California governor Jerry Brown was scoring victories and Clinton had yet to win a significant contest outside his native South. With no major Southern state remaining, Clinton targeted New York, which had many delegates. He scored

1680-421: A four-month prison sentence, and was fined $ 700. Gaddy said of the near-maximum sentence, that he felt he was being made an example, and that he felt the only way to highlight the need to change the law was by breaking it. The Fort Worth Star-Telegram speculated that Gaddy's sentence may have been influenced by the fact that his trial took place during national Red Ribbon Week , which honors Enrique Camarena ,

1800-561: A jazz trio, The 3 Kings , with Randy Goodrum , who became a successful professional pianist. In 1961, Clinton became a member of the Hot Springs Chapter of the Order of DeMolay , a youth group affiliated with Freemasonry , but he never became a Freemason. He briefly considered dedicating his life to music, but as he noted in his autobiography My Life : Clinton began an interest in law at Hot Springs High, when he took up

1920-500: A judge). Expungement is not automatically requested; the defendant is responsible for filing for it at court once their time is up. The statute in Maryland regarding expungement (Md. Ann. Code, Crim. Proc. Art. 10-105(a)(3)) expressly excludes drunk driving charges (Md. Ann. Code, Transportation Article 21-902) where a PBJ is received. DUI charges cannot be expunged. In Maine there are two types of deferred adjudications available to

2040-575: A law professor at the University of Arkansas . In 1974, he ran for the House of Representatives . Running in the conservative 3rd district against incumbent Republican John Paul Hammerschmidt , Clinton's campaign was bolstered by the anti-Republican and anti-incumbent mood resulting from the Watergate scandal . Hammerschmidt, who had received 77 percent of the vote in 1972, defeated Clinton by only

2160-694: A leading figure among the New Democrats , a group of Democrats who advocated welfare reform, smaller government, and other policies not supported by liberals. Formally organized as the Democratic Leadership Council (DLC), the New Democrats argued that in light of President Ronald Reagan 's landslide victory in 1984 , the Democratic Party needed to adopt a more centrist political stance in order to succeed at

2280-575: A march and rally at the Texas State Capitol in Austin that included about 300 people, Stefanoff encouraged people to engage in civil disobedience, like he did, as a way of forcing the end to cannabis prohibition. Deferred adjudication A deferred adjudication , also known in some jurisdictions as an adjournment in contemplation of dismissal ( ACOD ), probation before judgment ( PBJ ), or deferred entry of judgment ( DEJ ),

2400-666: A moderate and as a member of the New Democrat wing of the Democratic Party, and he headed the moderate Democratic Leadership Council in 1990 and 1991. In the first primary contest, the Iowa Caucus , Clinton finished a distant third to Iowa senator Tom Harkin . During the campaign for the New Hampshire primary , reports surfaced that Clinton had engaged in an extramarital affair with Gennifer Flowers . Clinton fell far behind former Massachusetts senator Paul Tsongas in

2520-417: A police officer and a civilian, Rector shot himself in the head, leading to what his lawyers said was a state where he could still talk but did not understand the idea of death. According to both Arkansas state law and federal law, a seriously mentally impaired inmate cannot be executed. The courts disagreed with the allegation of grave mental impairment and allowed the execution. Clinton's return to Arkansas for

SECTION 20

#1732798135592

2640-734: A promise he failed to keep. By election time, the economy was souring and Bush saw his approval rating plummet to just slightly over 40 percent. Finally, conservatives were previously united by anti-communism, but with the end of the Cold War, the party lacked a uniting issue. When Pat Buchanan and Pat Robertson addressed Christian themes at the Republican National Convention —with Bush criticizing Democrats for omitting God from their platform—many moderates were alienated. Clinton then pointed to his moderate, "New Democrat" record as governor of Arkansas, though some on

2760-638: A public figure. One was his visit as a Boys Nation senator to the White House to meet President John F. Kennedy . The other was watching Martin Luther King Jr. 's 1963 " I Have a Dream " speech on TV, which impressed him so much that he later memorized it. With the aid of scholarships, Clinton attended the School of Foreign Service at Georgetown University in Washington, D.C., receiving

2880-436: A requirement that the person refrain from criminal conduct and may include a requirement that the person pay to the appropriate county an administrative supervision fee of not more than $ 50 per month, as determined by the court, for the term of the deferment. In determining the amount of the fee, the court shall take into account the financial resources of the person and the nature of the burden its payment imposes. In exchange for

3000-535: A resounding victory in New York City, shedding his image as a regional candidate. Having been transformed into the consensus candidate, he secured the Democratic Party nomination, finishing with a victory in Jerry Brown's home state of California. During the campaign, questions of conflict of interest regarding state business and the politically powerful Rose Law Firm , at which Hillary Rodham Clinton

3120-449: A result of a pardon or clemency following a criminal conviction. For example, in the U.S. State of Texas, a defendant may obtain an expungement following a deferred disposition for a Class C misdemeanor , but for any other deferred dispositions a defendant must obtain a pardon before the record may be expunged, although some defendants may be able to have their records sealed following a waiting period. In Maryland, deferred adjudication

3240-420: A sheriff's deputy. The seven who were arrested were employed as house painters , construction workers , graduate students , cooks , and chimney sweeps . They became known as the “San Marcos Seven.” Gaddy, who was 29 at the time of his arrest, was the first to stand trial for marijuana possession. Howard Warner was the judge. Activists wearing pro-hemp shirts packed the courtroom. He was convicted, served

3360-541: A special legislative session —the longest in Arkansas history. Many have considered this the greatest achievement of the Clinton governorship. He defeated four Republican candidates for governor: Lowe (1978), White (1982 and 1986), Jonesboro businessmen Woody Freeman (1984), and Sheffield Nelson of Little Rock (1990). Also in the 1980s, the Clintons' personal and business affairs included transactions that became

3480-468: A successful legal defense on grounds of medical necessity , which he said was the first such successful defense in Texas. In 1997, Stefanoff was arrested for possessing about 2 pounds of marijuana. At his trial he offered a medical necessity defense and said that he used marijuana to alleviate the symptoms of posttraumatic stress disorder as a Vietnam War Army veteran. The jury found him guilty. He appealed

3600-431: Is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court. Upon completion of the requirements, which may include probation , treatment, community service , some form of community supervision, or some other diversion program ,

3720-399: Is a member of Kappa Kappa Psi honorary band fraternity. Upon graduating from Georgetown in 1968, Clinton won a Rhodes Scholarship to University College, Oxford , where he initially read for a B.Phil. in philosophy, politics, and economics but transferred to a B.Litt. in politics and, ultimately, a B.Phil. in politics. Clinton did not expect to return for the second year because of

San Marcos Seven - Misplaced Pages Continue

3840-919: Is an American lawyer and politician who served as the 42nd president of the United States from 1993 to 2001. A member of the Democratic Party , he previously served as governor of Arkansas from 1979 to 1981 and again from 1983 to 1992. Clinton, whose policies reflected a centrist " Third Way " political philosophy , became known as a New Democrat . Clinton was born and raised in Arkansas . He graduated from Georgetown University in 1968, and later from Yale Law School , where he met his future wife, Hillary Rodham . After graduating from law school, Clinton returned to Arkansas and won election as state attorney general, followed by two non-consecutive tenures as Arkansas governor . As governor, he overhauled

3960-442: Is broadly forbidden, and very uncommon in present times. One such case of the ban's enforcement arose in 2006, where a New York judge gave a man this option in lieu of spending up to a year in jail for aggravated assault. The Army however, rejected his entrance under those terms, having officially banned the option in 1984. Bill Clinton [REDACTED] William Jefferson Clinton ( né Blythe ; born August 19, 1946)

4080-462: Is called probation before judgment ( PBJ ). The conditions of this principle are set down in Title §6–220 of the state's Criminal Procedure article. This law enables a judge to defer entering a judgment (that is, delay the entry of a "guilty" verdict) if the defendant pleads guilty or nolo contendere in writing, so long as certain conditions are met. Because the judgment is not entered as "guilty,"

4200-497: Is found in Maine Rule of Criminal Procedure 11B, which reads as follows: Rule 11B. Filing Agreements (a) In General. The attorney for the state and the defendant may enter into a written filing agreement respecting a pending indictment, information or complaint. The filing agreement must establish a definite filing period of up to one year subject to the conditions, if any, set forth in the filing agreement. Upon execution of

4320-681: Is over 5 years old the individual is eligible to apply but has to disclose their criminal past). To date the State of Texas has passed into law the Order of Nondisclosure where criminal justice agencies (law enforcement, community supervision e.g. probation) are prohibited from disclosing to the public criminal history record information related to the offense for which defendant successfully completed deferred adjudication community supervision. There are limitations where some criminal offenses (from sex offenses, family violence, dating violence) do not allow an Order of Nondisclosure to be filed - felony offenses (in

4440-492: The AIDS United Action five point plan. Clinton won the 1992 presidential election (370 electoral votes) against Republican incumbent George H. W. Bush (168 electoral votes) and billionaire populist Ross Perot (zero electoral votes), who ran as an independent on a platform that focused on domestic issues. Bush's steep decline in public approval was a significant part of Clinton's success. Clinton's victory in

4560-937: The George McGovern campaign for the 1972 United States presidential election in order to move in with her in California. The couple continued living together in New Haven when they returned to law school. Clinton eventually moved to Texas with Rodham in 1972 to take a job leading McGovern's effort there. He spent considerable time in Dallas , at the campaign's local headquarters on Lemmon Avenue, where he had an office. Clinton worked with future two-term mayor of Dallas Ron Kirk , future governor of Texas Ann Richards , and then unknown television director and filmmaker Steven Spielberg . After graduating from Yale Law School , Clinton returned to Arkansas and became

4680-653: The Hays County Law Enforcement Center in June, 1993, while Stefanoff was incarcerated. Jeffrey Sefanoff, a Vietnam War Army veteran, and musician and painter Joe Ptak, before conspiring to get arrested for cannabis at the police station, published the Hays County Guardian , a free newspaper that focused on social justice issues. Stefanoff and Ptak sued Texas State University when the school tried to bar them from distributing

4800-809: The North American Free Trade Agreement and the Violent Crime Control and Law Enforcement Act but failed to pass his plan for national health care reform . Starting in the mid-1990s, he began an ideological evolution as he became much more conservative in his domestic policy, advocating for and signing the Personal Responsibility and Work Opportunity Act , the State Children's Health Insurance Program and financial deregulation measures. He appointed Ruth Bader Ginsburg and Stephen Breyer to

4920-716: The Oslo I Accord and Camp David Summit to advance the Israeli–Palestinian peace process , and assisted the Northern Ireland peace process . Clinton won re-election in the 1996 election , defeating Republican nominee Bob Dole and Reform Party nominee Perot. His second term was dominated by the Clinton–Lewinsky scandal , which began in 1995, when he had a sexual relationship with the then 22-year-old White House intern Monica Lewinsky . In January 1998, news of

San Marcos Seven - Misplaced Pages Continue

5040-595: The Senate , where he was acquitted on both charges. During the last three years of Clinton's presidency, the Congressional Budget Office reported a budget surplus—the first such surplus since 1969. Clinton left office in 2001 with the joint-highest approval rating of any U.S. president. His presidency ranks among the middle to upper tier in historical rankings of U.S. presidents . However, his personal conduct and misconduct allegations have made him

5160-516: The U.S. Army , Marine Corps , Air Force , and Coast Guard have since explicitly forbidden entrance in to armed forces as an alternative for judicial punishment, and the U.S. Navy strongly discourages it. The U.S. Armed Forces have required moral waivers for those convicted of crimes to be inducted since the 1960s. The myth still lives on in legends involving the U.S. military, especially as some servicemen themselves perpetuate it, and it may still in fact be rarely unofficially issued. However, it

5280-772: The U.S. Supreme Court . In foreign policy, Clinton ordered U.S. military intervention in the Bosnian and Kosovo wars , eventually signing the Dayton Peace agreement . He also called for the expansion of NATO in Eastern Europe and many former Warsaw Pact members joined NATO during his presidency. Clinton's foreign policy in the Middle East saw him sign the Iraq Liberation Act which gave aid to groups against Saddam Hussein . He also participated in

5400-612: The Vietnam War . Aller's 1971 suicide had an influential impact on Clinton. British writer and feminist Sara Maitland said of Clinton, "I remember Bill and Frank Aller taking me to a pub in Walton Street in the summer term of 1969 and talking to me about the Vietnam War. I knew nothing about it, and when Frank began to describe the napalming of civilians I began to cry. Bill said that feeling bad wasn't good enough. That

5520-621: The "Boy Governor". He worked on educational reform and directed the maintenance of Arkansas's roads, with wife Hillary leading a successful committee on urban health care reform. However, his term included an unpopular motor vehicle tax and citizens' anger over the escape of Cuban refugees (from the Mariel boatlift ) detained in Fort Chaffee in 1980. Monroe Schwarzlose, of Kingsland in Cleveland County , polled 31 percent of

5640-447: The 1992 election had several unique characteristics. Voters felt that economic conditions were worse than they actually were, which harmed Bush. A rare event was the presence of a strong third-party candidate. Liberals launched a backlash against 12 years of a conservative White House. The chief factor was Clinton's uniting his party, and winning over a number of heterogeneous groups. Clinton's " third way " of moderate liberalism built up

5760-416: The Court as a defendant is required to enter a plea of guilty in order to put the agreement in effect. The consequence of this is that if the defendant fails to comply with the agreement, they are not afforded the opportunity to fight the charge as with a filing agreement because a plea has already been entered. Rather, if the Court finds that the defendant failed to meet the terms of the deferred disposition,

5880-414: The Court will impose sentence on the original charge and the conviction will stand. In the State of Texas, deferred adjudication is not treated as a criminal conviction as a matter of law; however, there is no easy way to remove the record of the case from one's background. This creates difficulties with private entities performing background checks such as employers and apartment complexes, as they can see

6000-465: The Defendant an opportunity to again fight the charges. The second type of deferred adjudication in Maine is what is known as a deferred disposition. Unlike a filing agreement, there is statutory authority under 17-A M.R.S.A. § 1348 et. seq. for a deferred disposition. Furthermore, unlike a filing agreement, a deferred disposition requires the defendant to enter a plea of guilty in the matter before having

6120-518: The New Hampshire polls. Following Super Bowl XXVI , Clinton and his wife Hillary went on 60 Minutes to rebuff the charges. Their television appearance was a calculated risk, but Clinton regained several delegates. He finished second to Tsongas in the New Hampshire primary , but after trailing badly in the polls and coming within single digits of winning, the media viewed it as a victory. News outlets labeled him "The Comeback Kid" for earning

SECTION 50

#1732798135592

6240-474: The State of Texas) have a 5-year waiting period, some misdemeanors 2 years, and misdemeanors not listed under the 2-year waiting period can be filed immediately. Under U.S. immigration law (pre or post-9/11 which also includes the worded language of the USA Patriot Act ) if the defendant is an illegal immigrant charged for a criminal offense, deferred adjudication is considered a conviction where once

6360-472: The Vietnam War, would understand and appreciate his position. After Oxford, Clinton attended Yale Law School and earned a Juris Doctor (J.D.) degree in 1973. In 1971, he met his future wife, Hillary Rodham, in the Yale Law Library ; she was a class year ahead of him. They began dating and were soon inseparable. After only about a month, Clinton postponed his summer plans to be a coordinator for

6480-447: The acceptance of a plea of guilty for a crime for which a person is eligible for a deferred disposition under section 1348, the court may order sentencing deferred to a date certain or determinable and impose requirements upon the person, to be in effect during the period of deferment, considered by the court to be reasonable and appropriate to assist the person to lead a law-abiding life. The court-imposed deferment requirements must include

6600-560: The affair made tabloid headlines. This scandal escalated throughout the year, culminating in December when Clinton was impeached by the House of Representatives , becoming the first U.S. president to be impeached since Andrew Johnson . The two impeachment articles that the House passed were centered around perjury and Clinton using the powers of the presidency to commit obstruction of justice. In 1999, Clinton's impeachment trial began in

6720-402: The agreement by the parties, the state shall file the agreement forthwith in the trial court and, upon such filing, the agreement will become effective. (b) Court Approval Unnecessary. The approval of the court for the filing of a written filing agreement by the parties is unnecessary; however, a filing agreement is subject to the control of the court. If the agreement calls for the payment by

6840-443: The attorney for the State and the person, modify the requirements imposed by the court, add further requirements or relieve the person of any requirement imposed by the court that, in the court's opinion, imposes an unreasonable burden on the person. 3. During the period of deferment, if the person cannot meet a deferment requirement imposed by the court, the person shall bring a motion pursuant to subsection 2. 4. For purposes of

6960-483: The basis of the Whitewater controversy investigation, which later dogged his presidential administration. After extensive investigation over several years, no indictments were made against the Clintons related to the years in Arkansas. According to some sources, Clinton was a death penalty opponent in his early years, but he eventually switched positions. However he might have felt previously, by 1992, Clinton

7080-482: The case, charge and its outcome, and often simply treat it the same as though it were a conviction for purposes of their review. Also, those who fill out an application for a Texas Concealed Handgun License (or any other state license with the exception of a Texas Driver License or state issued ID card) the Deferred Adjudication charge must be disclosed (for CHL applications if the Deferred Adjudication

7200-658: The cause of world peace", having "a powerful collaborator in his wife", and for winning "general applause for his achievement of resolving the gridlock that prevented an agreed budget". During the Vietnam War, Clinton received educational draft deferments while he was in England in 1968 and 1969. While at Oxford, he participated in Vietnam War protests and organized a Moratorium to End the War in Vietnam event in October 1969. He

7320-480: The challenge to argue the defense of the ancient Roman senator Catiline in a mock trial in his Latin class. After a vigorous defense that made use of his "budding rhetorical and political skills", he told the Latin teacher Elizabeth Buck it "made him realize that someday he would study law". Clinton has identified two influential moments in his life, both occurring in 1963, that contributed to his decision to become

SECTION 60

#1732798135592

7440-616: The controversial execution of Ricky Ray Rector , would go forward as scheduled. During his time as governor in the 1980s, Arkansas was the center of a drug smuggling operation through Mena Airport . CIA agent Barry Seal allegedly imported three to five billion dollars worth of cocaine through the airport, and the operation was linked to the Iran–Contra affair . Clinton was accused of knowing about this operation, although nothing could be proven against him. Journalist Sam Smith tied him to various questionable business dealings. Clinton

7560-576: The conviction and sentence and lost. In 1997, Ptak and Stefanoff continued their free speech activism and started a pirate radio station called Micro KIND Radio 105.9 FM. Stefanoff ran unsuccessfully for Hays County commissioner, and sheriff. Rodriguez Scales ran for mayor, justice of the peace, and council in San Marcos. Dodd, a student at the time of the protests, became employed by the Women's International League for Peace and Freedom . In 2000, at

7680-412: The criminal proceeding in which the indictment, information or complaint was filed reactivated by the court, at the expiration of the filing period the clerk shall enter a dismissal of the filed charging instrument with prejudice. In the event the attorney for the state files a motion during or at the end of the filing period alleging a violation of one or more of the agreement's conditions, the attorney for

7800-436: The defendant can make such a showing then the Court will follow whichever resolution is contained in the agreement, which is usually to allow the defendant to withdraw their plea and dismiss the matter. However a dismissal is not guaranteed as the agreement may call for the State to introduce a new lesser charge to which the defendant will enter a plea to and be sentenced as per the terms of the deferred disposition agreement. If

7920-438: The defendant cannot show by a preponderance of the evidence that they have complied with the deferred disposition agreement, then the Court will proceed to sentence the defendant on the original charge as per the terms of the agreement. If during the course of the agreement, the prosecutor has probable cause to believe that the defendant is not complying with the deferred disposition agreement or has committed new criminal conduct,

8040-404: The defendant has satisfied each of the filing agreement's conditions, if any, at the conclusion of the agreed upon filing period the defendant is entitled to have the filed indictment, information or complaint dismissed with prejudice. In this regard, unless the attorney for the state files a motion alleging a violation of one or more of the agreement's conditions by the defendant and seeking to have

8160-471: The defendant may avoid a formal conviction on their record or have their case dismissed. In some cases, an order of non-disclosure can be obtained, and sometimes a record can be expunged . In a deferred adjudication, the criminal case that resulted in the deferred adjudication will often remain part of a permanent record. The extent to which the record of a deferral can be discovered or disclosed varies by jurisdiction. For example, even if not available to

8280-413: The defendant of costs of prosecution such agreed-upon costs may be in any amount up to, but not exceeding, the maximum authorized fine amount for the particular crime based upon its sentencing class and need not reflect the actual costs of prosecution. (c) Disposition During or at Expiration of Filing Period. Except where a filing agreement expressly provides otherwise as specified in subdivision (d), if

8400-410: The deferred sentencing, the person shall abide by the court-imposed deferment requirements. Unless the court orders otherwise, the requirements are immediately in effect. 2. During the period of deferment and upon application of the person granted deferred disposition pursuant to subsection 1 or of the attorney for the State or upon the court's own motion, the court may, after a hearing upon notice to

8520-512: The draft and avoid serving in uniform. He issued a notarized statement during the 1992 presidential campaign: During the 1992 campaign, it was revealed that Clinton's uncle had attempted to secure him a position in the Navy Reserve , which would have prevented him from being deployed to Vietnam. This effort was unsuccessful and Clinton said in 1992 that he had been unaware of it until then. Although legal, Clinton's actions with respect to

8640-501: The draft and deciding whether to serve in the military were criticized during his first presidential campaign by conservatives and some Vietnam veterans, some of whom charged that he had used Fulbright's influence to avoid military service. Clinton's 1992 campaign manager, James Carville , successfully argued that Clinton's letter in which he declined to join the ROTC should be made public, insisting that voters, many of whom had also opposed

8760-461: The draft and received a high number (311), meaning that those whose birthdays had been drawn as numbers   1 to 310 would be drafted before him, making it unlikely he would be called up. (In fact, the highest number drafted was 195.) Colonel Eugene Holmes, the Army officer who had been involved with Clinton's ROTC application, suspected that Clinton attempted to manipulate the situation to avoid

8880-430: The draft and so he switched programs; this type of activity was common among other Rhodes Scholars from his cohort. He had received an offer to study at Yale Law School , and so he left early to return to the United States and did not receive a degree from Oxford. During his time at Oxford, Clinton befriended fellow American Rhodes Scholar Frank Aller. In 1969, Aller received a draft letter that mandated deployment to

9000-418: The eight years of the Clinton administration, the abortion rate declined by 18 percent. On February 15, 1993, Clinton made his first address to the nation, announcing his plan to raise taxes to close a budget deficit . Two days later, in a nationally televised address to a joint session of Congress , Clinton unveiled his economic plan. The plan focused on reducing the deficit rather than on cutting taxes for

9120-595: The election ended twelve years of Republican rule of the White House and twenty of the previous twenty-four years. The election gave Democrats full control of the United States Congress , the first time one party controlled both the executive and legislative branches since Democrats held the 96th United States Congress during the presidency of Jimmy Carter . According to Seymour Martin Lipset ,

9240-529: The end of his presidency, the Clintons moved to 15 Old House Lane in Chappaqua, New York , in order to quell political worries about his wife's residency for election as a U.S. Senator from New York. "Our democracy must be not only the envy of the world but the engine of our own renewal. There is nothing wrong with America that cannot be cured by what is right with America." Inaugural address, January 20, 1993. After his presidential transition , Clinton

9360-423: The exact consequences of doing so. In some jurisdictions, defendants who have completed a deferred adjudication for a criminal charge may not be eligible for expungement of their criminal record, such that even though the charge was dismissed there remains a public record of their criminal prosecution. As no conviction was finalized, it may not be possible to remove this criminal record as might have been possible as

9480-502: The execution was framed in an article for The New York Times as a possible political move to counter "soft on crime" accusations. Bush's approval ratings were around 80 percent during the Gulf War , and he was described as unbeatable. When Bush compromised with Democrats to try to lower federal deficits, he reneged on his promise not to raise taxes , which hurt his approval rating. Clinton repeatedly condemned Bush for making

9600-422: The general public, the record may remain visible to law enforcement and for some government background checks, such as enlistment in the military or employment with a government agency. Some jurisdictions allow for the record to be rendered inaccessible to the public or private-sector background checks. Anyone offered deferred adjudication in exchange for a guilty plea should first consult their attorney regarding

9720-404: The jail, on June 3, 1993. He started a hunger strike when his sentence began, and said he would not eat until President Bill Clinton publicly accepted literature and a brochure about the usefulness of hemp from him. Stefanoff was put under medical supervision and ended his hunger strike on July 6, after 34 days. During Stefanoff's hunger strike, his supporters camped out in front of the jail in

9840-478: The jail. Williams was freed after posting a bond. Two days later, on July 6, 1993, Stahl was arrested for trespassing when he refused to leave the jail property. A jury, in 1994, found Stahl not guilty of trespassing. Stefanoff filed a lawsuit against Hays County, and the sheriff personally, for refusing to release him early for good conduct. The case was dismissed in 1998. Ptak was arrested and stood trial in 1996 for possession of 1.5 grams of marijuana. He mounted

9960-412: The latter's death. In Hot Springs, Clinton attended St. John's Catholic Elementary School, Ramble Elementary School, and the segregated Hot Springs High School , where he was an active student leader, avid reader, and musician. Clinton was in the chorus and played the tenor saxophone , winning first chair in the state band's saxophone section. While in high school, Clinton performed for two years in

10080-544: The lawn next to the police station housed 20 activists. The San Antonio Express-News wrote that the protesters regard hemp as a “miracle herb” with great potential as a source of fuel, fiber and medicine. Nationally, Green Panthers coordinated publicity and public relations for the Hemp City protest. According to Stahl, the tent city was in front of the jail for more than a month, until they were evicted by sheriff's deputies on July 7, 1993. They moved their tents across

10200-523: The middle class, which had been high on his campaign agenda. Clinton's advisers pressured him to raise taxes, based on the theory that a smaller federal budget deficit would reduce bond interest rates. President Clinton's attorney general Janet Reno authorized the FBI's use of armored vehicles to deploy tear gas into the buildings of the Branch Davidian community near Waco, Texas, in hopes of ending

10320-487: The more liberal side of the party remained suspicious. Many Democrats who had supported Ronald Reagan and Bush in previous elections switched their support to Clinton. Clinton and his running mate, Al Gore , toured the country during the final weeks of the campaign, shoring up support and pledging a "new beginning". On March 26, 1992, during a Democratic fund raiser of the presidential campaign, Robert Rafsky confronted then Gov. Bill Clinton of Arkansas and asked what he

10440-436: The nation's fiscal health and put the nation on a firm footing abroad amid globalization and the development of anti-American terrorist organizations. During his presidency, Clinton advocated for a wide variety of legislation and programs , most of which were enacted into law or implemented by the executive branch. His policies, particularly the North American Free Trade Agreement and welfare reform , have been attributed to

10560-611: The national level. Clinton delivered the Democratic response to Reagan's 1985 State of the Union Address and served as chair of the National Governors Association from 1986 to 1987, bringing him to an audience beyond Arkansas. In the early 1980s, Clinton made reform of the Arkansas education system a top priority of his gubernatorial administration. The Arkansas Education Standards Committee

10680-430: The officer in charge of the program that he opposed the war, but did not think it was honorable to use ROTC, National Guard, or Reserve service to avoid serving in Vietnam. He further stated that because he opposed the war, he would not volunteer to serve in uniform, but would subject himself to the draft, and would serve if selected only as a way "to maintain my political viability within the system". Clinton registered for

10800-644: The paper and won at the appeals court level, and the Supreme Court refused to hear the university's appeal. Brett Stahl, a San Marcos businessman, was arrested in 1992 for marijuana possession when he went to the Texas Comptroller of Public Accounts office to buy tax stamps for the cannabis. During the same week in 1991 as the San Marcos Seven protests, a drug policy forum sponsored by the Associated Student Government

10920-506: The potential candidacy of Hillary for governor, initially favored—but ultimately vetoed—by the First Lady). For the nomination, Clinton endorsed Massachusetts governor Michael Dukakis . He gave the nationally televised opening night address at the 1988 Democratic National Convention , but his speech, which was 33 minutes long and twice the length it was expected to be, was criticized for being too long. Clinton presented himself both as

11040-407: The prosecutor may then move the Court to terminate the deferred disposition and impose sentence on the original charge. The Court will set a hearing on this motion, where the prosecutor must show by a preponderance of the evidence that the defendant failed to comply. Again as a practical matter from the standpoint of the defendant, a deferred disposition in Maine should be entered into cautiously as

11160-417: The right to initiate the same or additional criminal charges against the defendant arising out of the same event or conduct in a separate criminal proceeding while the filing period is running, the attorney for the state must expressly reserve such a right in the written filing agreement and the defendant must expressly agree to it. As a practical matter, from the standpoint of a defendant in a criminal matter,

11280-477: The same reason. Clinton had repeatedly promised to encourage gays in the military service, despite what he knew to be the strong opposition of the military leadership. He tried anyway, and was publicly opposed by the top generals, and forced by Congress to a compromise position of " Don't ask, don't tell " whereby gays could serve if and only if they kept it secret. He devised a $ 16-billion stimulus package primarily to aid inner-city programs desired by liberals, but it

11400-466: The sentence deferred while the deferred disposition agreement is in effect. In Maine, a deferred disposition is only available for defendants charged with either a class E or D misdemeanor, or a class C felony. A deferred disposition is not available for juvenile matters or for class A or B felonies. In general, the requirements of deferred dispositions are controlled by 17-A M.R.S.A. § 1348-A, which reads as follows: Deferred disposition 1. Following

11520-466: The sentence is discharged (completed) ICE (Immigration and Customs Enforcement) can have the individual deported from the United States to the country of origin. The same holds true for permanent residents of the United States (resident alien) if moral turpitude is invoked. It used to be practice for a judge to give a pending convict the option of joining the military, or serving prison time ( R. Lee Ermey being one prominent example of this). However,

11640-554: The state is entitled to have the criminal proceeding reactivated by the court if, following a hearing on the motion, the court finds by a preponderance of the evidence that the defendant has violated one or more of the agreement's conditions. (d) Special Reservations in the Filing Agreement. If the attorney for the state wishes to preserve the right to reinitiate a criminal proceeding after the filing period has fully run when no breach of conditions has occurred, or to preserve

11760-515: The state's education system and served as chairman of the National Governors Association . Clinton was elected president in the 1992 election , defeating the incumbent Republican Party president George H. W. Bush and the independent businessman Ross Perot . He became the first president to be born in the Baby Boomer generation. Clinton presided over the longest period of peacetime economic expansion in American history. He signed into law

11880-419: The street to the main square in front of the county courthouse in San Marcos until they were asked to leave by police on July 9. Then they relocated to Five Mile Dam, a county park just outside San Marcos, where Hemp City remained for another month, until August, 1993. On July 4 , 1993, Billy Jack Williams turned himself in for marijuana possession in an act of civil disobedience in support of Stefanoff inside

12000-778: The subject of substantial scrutiny. Since leaving office, Clinton has been involved in public speaking and humanitarian work. He created the Clinton Foundation to address international causes such as the prevention of HIV/AIDS and global warming. In 2009, he was named the United Nations special envoy to Haiti . After the 2010 Haiti earthquake , Clinton founded the Clinton Bush Haiti Fund with George W. Bush and Barack Obama . He has remained active in Democratic Party politics, campaigning for his wife's 2008 and 2016 presidential campaigns . Clinton

12120-517: The vote against Clinton in the Democratic gubernatorial primary of 1980. Some suggested Schwarzlose's unexpected voter turnout foreshadowed Clinton's defeat by Republican challenger Frank D. White in the general election that year. As Clinton once joked, he was the youngest ex-governor in the nation's history. After leaving office in January 1981, Clinton joined friend Bruce Lindsey 's Little Rock law firm of Wright, Lindsey and Jennings. In 1982, he

12240-611: The years of the recorded surplus, the gross national debt rose each year. At the end of the fiscal year (September 30) for each of the years a surplus was recorded, the U.S. Treasury reported a gross debt of $ 5.413 trillion in 1997, $ 5.526 trillion in 1998, $ 5.656 trillion in 1999, and $ 5.674 trillion in 2000. Over the same period, the Office of Management and Budget reported an end of year (December 31) gross debt of $ 5.369 trillion in 1997, $ 5.478 trillion in 1998, $ 5.606 in 1999, and $ 5.629 trillion in 2000. At

12360-474: The youngest gubernatorial candidates in the state's history. Clinton was elected governor of Arkansas in 1978 , having defeated the Republican candidate Lynn Lowe , a farmer from Texarkana . Clinton was only 32 years old when he took office, the youngest governor in the country at the time and the second youngest governor in the history of Arkansas. Due to his youthful appearance, Clinton was often called

12480-401: Was inaugurated as the 42nd president of the United States on January 20, 1993. Clinton was physically exhausted at the time, and had an inexperienced staff. His high levels of public support dropped in the first few weeks, as he made a series of mistakes. His first choice for attorney general had not paid her taxes on babysitters and was forced to withdraw. The second appointee also withdrew for

12600-473: Was a partner, arose. Clinton argued the questions were moot because all transactions with the state had been deducted before determining Hillary's firm pay. Further concern arose when Bill Clinton announced that, with Hillary, voters would be getting two presidents "for the price of one". Clinton was still the governor of Arkansas while campaigning for U.S. president, and he returned to his home state to see that Ricky Ray Rector would be executed. After killing

12720-611: Was accused of serious sexual misconduct in Arkansas, including allegations of using the Arkansas State Police to gain access to women ( Troopergate affair ). The killing of Don Henry and Kevin Ives in 1987 started various conspiracy theories that accused Clinton and the Arkansas state authorities of covering up the crime. In 1987, the media speculated that Clinton would enter the presidential race. Clinton decided to remain as Arkansas governor (following consideration for

12840-402: Was also accused by Gennifer Flowers to have used cocaine as governor and his half-brother Roger was sentenced to prison in 1985 for possession and smuggling of cocaine, but was later pardoned by his brother after serving his sentence. During his time in Arkansas, there were also other scandals such as the Whitewater controversy involving the Clintons' real estate dealings, and Bill Clinton

12960-617: Was born William Jefferson Blythe III on August 19, 1946, at Julia Chester Hospital in Hope, Arkansas . He is the son of William Jefferson Blythe Jr. , a traveling salesman who died in an automobile accident three months before his birth, and Virginia Dell Cassidy (later Virginia Kelley). Blythe had initially survived the crash, but drowned in a drainage ditch. His parents had married on September 4, 1943, but this union later proved to be bigamous, as Blythe

13080-612: Was chaired by Clinton's wife Hillary, who was also an attorney as well as the chair of the Legal Services Corporation . The committee transformed Arkansas's education system. Proposed reforms included more spending for schools (supported by a sales-tax increase), better opportunities for gifted children, vocational education, higher teachers' salaries, more course variety, and compulsory teacher competency exams. The reforms passed in September 1983 after Clinton called

13200-526: Was defeated by a Republican filibuster in the Senate. His popularity at the 100 day mark of his term was the lowest of any president at that point. Public opinion did support one liberal program, and Clinton signed the Family and Medical Leave Act of 1993 , which required large employers to allow employees to take unpaid leave for pregnancy or a serious medical condition. This action had bipartisan support, and

13320-408: Was elected governor a second time and kept the office for ten years. Effective with the 1986 election, Arkansas had changed its gubernatorial term of office from two to four years. During his term, he helped transform Arkansas's economy and improved the state's educational system. For senior citizens , he removed the sales tax from medications and increased the home property-tax exemption. He became

13440-486: Was going to do about AIDS , to which Clinton replied, "I feel your pain". The televised exchange led to AIDS becoming an issue in the 1992 presidential election. On April 4, then candidate Clinton met with members of ACT UP and other leading AIDS advocates to discuss his AIDS agenda and agreed to make a major AIDS policy speech, to have people with HIV speak to the Democratic Convention , and to sign onto

13560-658: Was held at Texas State University. Joe Gaddy was arrested on the day before the forum began. Over nine days beginning March 12, 1991, nine people came to the sheriff's office in Hays County, Texas , to smoke a joint in acts of civil disobedience protesting laws against marijuana. The seven who were arrested for smoking marijuana in the parking lot, Gaddy, Stefanoff, Angela Atkins, Ptak, Jody Dodd, Daniel Rodriguez Scales, and Bill O’Rourke, were charged with Class B misdemeanors, punishable in Texas by up to six months in jail and

13680-577: Was insisting that Democrats "should no longer feel guilty about protecting the innocent". During Clinton's final term as governor, Arkansas performed its first executions since 1964 (the death penalty had been reinstated in 1976). As Governor, he oversaw the first four executions carried out by the state of Arkansas since the death penalty was reinstated there in 1976: one by electric chair and three by lethal injection . To draw attention to his stance on capital punishment, Clinton flew home to Arkansas mid-campaign in 1992, in order to affirm in person that

13800-467: Was not until Clinton turned 15 that he formally adopted the surname Clinton as a gesture toward him. Clinton has described his stepfather as a gambler and an alcoholic who regularly abused his mother and half-brother, Roger Clinton Jr. The physical abuse only ceased after a then-14-year-old Bill challenged his stepfather to "stand and face" him, though the verbal/emotional abuse continued. Bill would eventually forgive Roger Sr. for his abusive actions near

13920-584: Was planning to attend law school in the U.S. and knew he might lose his deferment. Clinton tried unsuccessfully to obtain positions in the National Guard and the Air Force officer candidate school , and he then made arrangements to join the Reserve Officers' Training Corps (ROTC) program at the University of Arkansas . He subsequently decided not to join the ROTC, saying in a letter to

14040-540: Was popular with the public. Two days after taking office, on January 22, 1993—the 20th anniversary of the U.S. Supreme Court decision in Roe v. Wade —Clinton reversed restrictions on domestic and international family planning programs that had been imposed by Reagan and Bush. Clinton said abortion should be kept "safe, legal, and rare"—a slogan that had been suggested by political scientist Samuel L. Popkin and first used by Clinton in December 1991, while campaigning. During

14160-447: Was put under medical supervision, and wrote a letter to Governor Ann Richards asking for a pardon. On November 22, about 30 supporters demonstrated outside the jail, chanting “Let Joe go.” He ended his hunger strike after 18 days, on December 2, when Sheriff Paul Hastings carried out a court order to feed Gaddy intravenously and had a needle inserted into his arm. Stefanoff said he wore clothing woven from hemp fabric when he arrived at

14280-780: Was still married to his fourth wife. Virginia traveled to New Orleans to study nursing soon after Bill was born, leaving him in Hope with her parents Eldridge and Edith Cassidy, who owned and ran a small grocery store. At a time when the southern United States was racially segregated , Clinton's grandparents sold goods on credit to people of all races. In 1950, Bill's mother returned from nursing school and married Roger Clinton Sr. , who co-owned an automobile dealership in Hot Springs, Arkansas , with his brother and Earl T. Ricks . The family moved to Hot Springs in 1950. Although he immediately assumed use of his stepfather's surname, it

14400-546: Was the first time I encountered the idea that liberal sensitivities weren't enough and you had to do something about such things". Clinton was a member of the Oxford University Basketball Club and also played for Oxford University's rugby union team. While Clinton was president in 1994, he received an honorary Doctor of Civil Law degree and a fellowship from the University of Oxford , specifically for being "a doughty and tireless champion of

#591408