READ THE NEW TIMES THIS WEDNESDAY

WE DID IT AGAIN! Our fair blog made the local media. No, not the local fish-wrap, but the New Times Interviewed us for an article or at least a blurb this Wednesday. Never one to pass up an opportunity for self aggrandizement, we spoke on the condition of anonymity.

RUMPOLE STIRS THE PD CAULDRON-THIS WEDNESDAY ONLY IN THE MIAMI NEW TIMES!


Speaking of silly rumors,

Anonymous, still drunk from New Years Champagne, bubbles:

rumor has it that herb smith(a.p.d.) was involved with the tgk break out of his client Rapalo as yet another delay tactic to avoid trial. rumpole, have you heard of this astonishing rumor??

Rumpole Responds: Yes, and Mr. Smith is also Batman, defending the accused by day, and donning a mask and robe at night responding to the Bat Signal wherever the Caped Crusader is needed.

A Critic blasts us (again) on the issue of Judges and sentencing:

Rump this may be the most intellectually dishonest post you have ever written. Its interesting how when someone generalizes about people you like (eg Public defenders with the exception of the incurably lazy danish eating rory stein) you repeatedly warn about the writer "using a broad brush". Here one of your writers made a valid point--that Judges in this town brought this on themselves with all the games they play in order to pursue their highest value of low audits and closing cases. In reply, you pick one particularly loathsome case and say that it answers all of the writers points. In my opinion one bad case does not deal with all of the previous writers points.
Come now rump do you really disagree with the writer when he states that Dade Judges approach most cases with the idea "what is the lowest sentence I can offer without the state appealing me?". You may be not be intellectually honest enough to admit it but you know this is the truth. You write that drug deviations had "more to do with overcharging cases and criminal records that do not reflect a persons criminal history then trying to clear audits?" Do you really believe this party line? You have written thoughtfully about how Judges, in order to reduce their audits, punish people for going to trial and how wrong that is. Can't you at least acknowledge that the same malevolent forces of audit reduction also cause Judges to use Drug deviations for the same purpose?
It always amazes me how defense attorneys (I am a former Prosecutor now in civil practice happily denying money to accident victims) will always rail about how unfair something is but cant admit that in Dade County you guys really have it pretty good. I can tell you from a few executive assignments I handled, Judges North of County Line Road do not make court offers the way Dade Judges do. They don’t let Simple cases sit for years and years and accept the lamest of excuses as to why a case should be continued. They don’t let people violate probation seven times before sending them to prison etc. (image placeholder)Come on Rump quit your whining sit back and enjoy the fact that you practice in Dade.


Rumpole Whines: Why is everyone always picking on me????

OK Civil Lawyer, here is our response: 1) What insurance company did you bill for the hour spent reading and responding to our blog? (hehehe)

2) We I don’t “like” PDs over ASA’s or vice a versa. We treat people individually as we find them.

3) Some Judges cleared their audits with below guideline sentences, some judges relished sentencing people to the guideline maximum. We hardly think the legislators in Tallahassee (motto: now you see us, now you don’t) drafted the minimum mandatory legislation to deal with a few Dade Judges. Minimum Mandatory sentences are the national trend. Federal Judges have been railing against them for years. Either you trust a Judge or you don’t. Legislators don’t trust Judges, it’s as simple as that.

4) About your comment on Judges “North Of County Line Road” not making plea offers like Dade Judges, you are simply incorrect. We are in Broward enough to see Judges who assist in plea negotiations, and Judges who don't. And we stand by our assertion that because prosecutors over charge cases, Judges are forced to interceded to remedy or prevent unjust sentences from occurring.

You prattle about “intellectual honesty”, well as a former prosecutor did you see or participate in cases where people were charged with life felonies when in fact they committed misdemeanors?

Did you ever come across a case where a police officer arrested a man for occupied burglary ON HIS OWN HOME, when his wife locked him out? Not to diminish the problem of domestic violence, but should a person who breaks into his own home and then shoves his or her spouse be charged with a non-bondable life felony?

Don’t email us examples of tragedies, we know they occur. But when the "violence" is incidental (or throwing a tea pot) should a person be charged with a life felony? We do not condone violence. Ever. As we have said, we bleed too easily. But when a prosecutor over charges a case, they abandon their decision making powers. It is all too easy to file the “Max” and seek the “Max” (how many times have you seen that written in the PFC notes, Mr/Ms. Ex-ASA?) .
It is harder to act responsibly and think and act like a lawyer.

Go to any calender on any day in the REGJB and you will see at least a half a dozen cases over charged to the point its ridiculous.

See You In Court ( not you Civil Lawyer, you guys don't go to court.)