WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Wednesday, September 27, 2006

5 EASY PIECES

Never one to hide our opinion, we "humbly" offer these simple steps to improve the little world we all work in.

5 simple steps to improve the efficiency of the criminal justice system:


1) Take most third degree felonies and make them misdemeanors. Grand Theft under $2,500, possession of cocaine under 10 grams, grand theft auto, burglary of a car or structure other than a dwelling or business (ie., a shed, etc.,) littering, felony battery, possession of marijuana with intent to sell, felony DWLS, are all candidates.

2) Take most second degree misdemeanors and make them civil infractions. Disorderly conduct, disorderly intoxication, driving without eye-glasses or riding a motor-cycle without an endorsement, driving a van without commercial markings, possession of marijuana, are all candidates.

3) Train traffic magistrates to handle these new civil infractions. Magistrates Like Mr. Peckins, Mr. Haguel, Mr. Cobitz will have no trouble handling these cases.

4) Increase the penalties available to magistrates and misdemeanor judges to handle these new cases. Magistrates should have the ability to fine people up to $2,000.00 and order up to 200 hours of community service. County Court Judges should have the ability to order up to five years probation in addition to jail to handle the reduced felonies.

5) Take a misdemeanor Judge like Judge Hague ( who was an ace prosecutor) and have them handle all other third degree misdemeanor arraignments for all Judges in a special calendar. This can be expanded to include trials, bench and jury for these cases in that division as well. Remove the ability of the prosecutors to demand a jury trial when the defense waives the right to a jury trial for third degree felonies.


These simple steps will ease the burden on the criminal justice system and free up the Circuit Court Judges to handle their more serious cases, and spend more time on matters that remain before them.


Coming next: Rumpole’s 5 secret REGJB diet tips.

74 comments:

Anonymous said...

Rumpole
Stick to gossip on the blog. Science is not your strong suit.... You're not winning any noble peace prize for this latest post either. Judge Hague an ace prosecutor? AND WHY WOULD YOU WANT TO GIVE YOUNG PROSECUTORS LEVERAGE OVER POSS. OF COCAINE CASES? SO THEY COULD OFFER 364 ON A THIRD? RUMPOLE, GO BACK TO BED.

A Robed One said...

Other than reducing grand theft auto to a misdemeanor, you have proposed an articulate and appropriate plan for redistributing the workload. Your best post in a while.

Rumpole said...

To Anonymous: this is not rocket science. I know Andy Hague, and he was an excellent prosecutor and is more than able to handle these cases. Reducing possession of cocaine to a misdemeanor is hardly increasing the state attorneys leverage over a case. It limits the worst penalty to 364, as opposed to the state prison sentences they now offer, or get, or get when they violate the defendant's probation. You should wake up.

Anonymous said...

You have some very good ideas.

How about no jury trials for DUI's but they cannot be incarcerated if they waive jury?

Anonymous said...

i guess you have been out of div.. awhile rump. cocaine case go away by cts in most felony court rooms. and when did the judges in dade get burdened with too much work? walk the halls after lunch. it looks and feels like dodge city after a ho-down. quite.

Anonymous said...

Please. Many of the judges already treat many of the felonies as misdemeanors. Try any other jurisdiction; Miami's sentences are the lowest by far already.

Anonymous said...

If possession cases were handled like traffic infractions, at least we could save millions of trees now being killed for Informations and discovery pleadings.

Anonymous said...

Another way to accomplish this goal would be to have a political solution to the drug possession cases--obviously we aren't going to legalize drugs (though we should) but just signals from the players in Dade County politics to the police and prosecutors, either overtly or behind the scenes, that we as a county don't want mass arrests for drug possession cases, we don't want special units of cops whose entire job is to go out into the ghetto and sweep up low level drug offenders, would help. The reason we have so many drug cases is because we're arresting so many people--and we've been trying that policing strategy for a long time and it ain't working--it isn't reducing demand for drugs, it isn't reducing other crime in the community, it isn't making the urban areas these drug offenders are swept up in better places to live for "law-abiding" citizens. Indeed, it's doing the opposite, its making those places combat zones, creating lasting mutual distrust between the police and the communities they are supposed to serve, and greatly reducing the ability of those communities to achieve greater economic success by giving so many young men a criminal record that precludes them from all but the most temporary and unskilled employment. (And if you think thats their own fault, ask yourself if you'd be a lawyer now if there were squads of cops coming every day and night into the area where you lived when you were 20 looking to arrest you for drugs--young people are around drugs, whether they're in college or in the hood, that's just reality). And its wasting a ton of money and resources that could be far better spent. We could use a small portion of the large sum of money we now spend on criminal enforcement of the drug laws on treatment for those who want it and use the rest for a portrait gallery of beloved past judges, or a food court in the justice building, or even (gasp) better funded law enforcement for crimes that actually have victims.

Dennis hopper said...

With a title of 5 easy pieces I thought we were going to get some info about the loosest women at the REGB. Boy, was I dissapointed! But not a bad idea for a survey.Well......

FACDL-Miami Guy said...

FACDL-Miami's attempt to make the system run more efficiently.

Subject: Interpreter Designations on Discovery.

After your inquiry back in March about the possibility of indicating, in the witness list portion of discovery, which witnesses were in need of an interpreter and in what language, I posed the question to those who
created our case processing and filing computer system that we use in the Felony Screening Unit. They advised this week that the feature has now been added to the system and that the designation will print out on discovery. Assuming that everything works as it should, these designations should be appearing on discoveries in the not-too-distant future. Note that this applies only to those cases filed by the Felony Screening Unit. Although use of our filing system by all ASAs in the office is a goal, it is not a reality and I can't say when it may be. But this is a start. Thank you for suggesting it.

Anonymous said...

This will NEVER happen so, who cares.

Anonymous said...

Rumpole, while your suggestions make perfect sense, that is the exact reason they will never be implemented. dade county is to frickin stupid to do something smart.

by the way, MIAMI MENSA is meeting at the REG this friday morning.

Anti-Anonymous said...

There are a lot of people named anonymous who write on this blog. Coincidence? I think not.

The Big Tuna said...

Can we all take a moment to sit back and reflect on those things that are really important in life. Can we all hold hands and sing Kunbaya for T.O He really needs us now more than ever.

Pastor P. Diddy said...

That should be Kumbaya...

Anonymous said...

"dealers dont sell drugs, drugs do. ever see a dealer with a pile of crack sayin, "damn, how am i gonna get rid of all this crack"

-chris rock


despite all the goodie two shoes and their incorrect arguments, if drugs were legal, resources could be spent towards violent crimes, and turf wars would be over.

the only bad thing would be that i would lose a lot of business.

but thanks to the 'successful' campaing of just say no (thanks nancy reagan) we will continue to waste billions on a losing war and fill our jails with those who like to get high.

of course, the drunks in tallahasse will always make sure alcohol is legal

Dale Carnegie said...

I remember when being a "crack" salesman was a good thing.

Anonymous said...

I have never seen a fat crack addict. If jennie craig could put some crack in that food they sell I could lose that inch around my waist.

Anonymous said...

But then again we would see Diet Crack etc etc, I mean who ever heard of diet "green tea", my bad.

The Burger King said...

Ummmm...I need a wopper and a diet coke

Ronald Mcdonald said...

That should be whopper..

Anonymous said...

Earlier this week I saw a young woman attorney at REG. She argued her point in high-heels, a knee length skirt and tank-top.

Now... I've no desire to wear dresses and silk blouses, but I'm curious about this... Why must male attorneys sweat out court in suit and tie while women attorneys are allowed to dress "for summer."

If male attorneys are required to wear long sleaves, shouldn't women? If male attorneys are required to wear long pants, shouldn't women be required to wear long pants or dresses. If men are required to wear ties, should women be allowed to wear v-necks?

Would it be so hard or so wrong to create a gender neutral dress code which still lets women dress like women and men dress like men?

Finally, for defenders of the status quo, can someone give me a non-sexist basis for doing so?

Anonymous said...

I am a female defense attorney and at the risk of sounding too conservative, I agree with 3:36. I will speak for myself. I wear tank tops all the time, but while in the courthouse, I always have my suit jacket on. I never take it off until I leave the courthouse. If I'm wearing a skirt, which I try to avoid, I always have on pantyhose. And I personally think it's inappropriate to wear open toe sandals (even if they have high heels) in court. Men have a dresscode. Women should too. It's all about showing respect to the court system, although it often is not worthy of it.

CAPTAIN said...

THE CAPTAIN REPORTS:

Rumpole, I would like to get some feedback from attorneys and judges who read this blog. This issue was briefly discussed several weeks ago and I remember that Judge L. Schwartz permitted men to appear before him sans necktie.

Here is the proposal (and you can add this to one of your polls if you want):

FROM MEMORIAL DAY TO LABOR DAY, the courts will be on a summer dress code. This means that a male attorney may appear in court with either: long sleeve shirt and necktie, but no jacket OR dress shirt and jacket, but no necktie.

That is the proposal, please give me your feedback.

Thank you.

CAPTAIN OUT .............

Sad, Sad News said...

Ted Klein is expected to pass away today at any moment. Please remember him in your prayers.

Anonymous said...

I have no objections to hot female attorneys dressing in high heels, (clear heels are OK with me also).

But that 300lb whale, well,,,,,

Mr. Blackwell said...

This is supposed to be a noble profession. Why is it that we want respect but are willing to show none. Wearing appropriate clothes is a matter of respect. Respect for the Court, for the system, and for the public. I am not a used car salesman. Is it so difficult to wear a suit and tie? You must be kidding. Lets do court on the beach in speedos. We wonder why the publics trust and esteem for lawyers and the Courts are ebbing it is because we do not have a high enough opinion of ourselves. Lets not devolve to the lowest common denominator but elevate our profession. If you want to be a park ranger have at it. But, if you want to be a lawyer is it unreasonable to expect a certain amount of decorum from oneself and each other. We have dresscodes for everything; schools, formals, and yes even Court.

Anonymous said...

4:34 "Lets do court on the beach in speedos."

Rumpole can we get a poll on this?

Anonymous said...

Not so sure Diana Ward in Speedos will work

Anonymous said...

Alan.

Anonymous said...

what chris

Anonymous said...

GENDER NEUTRAL DRESS CODE?

Anonymous said...

Alan. whats your take on speedos in Court?

Anonymous said...

4:50 I agree speedos for all.

Anonymous said...

everyone should be able to have their shirts half tucked in

Anonymous said...

Rupole, do you get a misdemeanor or a felony for the crack you smoked when coming up with the idea to make GTA a misdemenaor?

s/ Methdamenor Mark

Anonymous said...

Judge Leslie B. Rothenberg Campaign Treasurer: Ramon A. Abadin also Chair of Board of Governors and on JNC

Anonymous said...

She is up for retention vote Nov 7 2006, has the worst DCBA poll ratings of any appeals judge.

Anonymous said...

hey mr. blackwell, you and the real one are both blowturds.

we are talking about 90 days here, during the hottest part of the summer and all we are recomending is coming in to court without a tie.

get back to criticizing the hollywood stars.

I vote for the captain's suggestion

Anonymous said...

I back the Captain on this. I say toss the tie in July

Anonymous said...

once saw a top Broward attorney in Broward court with loafers and no socks. Lost a lot of respect for him but no one up there seemed to mind.Hey 3:50 female attorney-give us more descriptions of your clothing ensemble- caliente!

Anonymous said...

lots of judges tieless under those robes

Anonymous said...

Blackwell is right. We may not like it, but he is.

Anonymous said...

I have an idea for getting the case load down all the judges work a full day!

Anonymous said...

It's 90 days people; no ties; the judges don't even wear ties under those robes. hey judges, remember when you had to walk through the parking lot in and our of the MJB in July. I SAY NO TIES IN JULY

Anonymous said...

In the courthouse in st. petersburg the chief judge ordered the air kept at some unbearably warm temp. This pissed off one judge so much that he allows attys to appear before him during the summer without a jacket on. He attends all his hearings without a jacket or robe.

CAPTAIN said...

THE CAPTAIN REPORTS:

Unfortunately, the news is bad; MJ Ted Klein has passed away.

CAPTAIN OUT ...............

CAPTAIN said...

MAGISTRATE JUDGE THEODORE KLEIN
(1940-2006)

Theodore Klein has over 30 years of experience in the practice of white-collar criminal law. He has represented individuals and collective entities in a variety of investigations before grand juries, federal and state administrative agencies and boards, and in quasi-trial and trial proceedings in all courts. He is experienced in white-collar matters, including RICO, medicare and medicaid violations, fraud against the government, money laundering, banking violations, and international extradition. He has represented individuals and entities in forfeiture matters involving currency, property, and conveyances. Mr. Klein is listed in The Best Lawyers in America , and served as an Assistant U.S. Attorney before entering into private practice. He as been an adjunct professor at the University of Miami School of Law for 25 years. He is a past President of the Florida Association of Criminal Defense Lawyers, the local chapter of the Federal Bar Association, and served for six years on the Board of Governors of The Florida Bar. He has appeared in courts at all levels in the nation, including the U.S. Supreme Court. He is often appointed as a Special Master in hotly contested federal and state litigation; serves as a mediator in federal and state civil cases; and represents individuals in Florida Bar disciplinary matters.

He had been a Magistrate Judge, since October 30, 2003.

CAPTAIN OUT ...............

Anonymous said...

Reason none of these will ever fly is because the laws we follow are
for the entire state of florida and
not just Dade county. If there was a way to have some Dade only laws,
which there isn't, then you'd be in business.

You see the rest of the State does not have the amount of cases we have and thus do not have any problems with court efficiency.

The only real solution is for the
lazy plea lawyers to get busy and
start announcing ready on everything and together as a unit
the defense bar can cripple the State's ability to prosecute all of
this garbage and stiffle the Judges ability to control their docket, leading to better deals for
the majority of our clients.

thetruth said...

Barzee is naked under her robe.

Anonymous said...

im irish and i plan to wear a kilt; its part of my heritage. any lawyers want to represent me pro-bono when i get held in contempt?

Anonymous said...

No , No speedos will not work for all.
Fingerhut I heard was making the big bucks with u-tube, what's the deal with this u-tube thing anyway?
I say the ladies have to wear long sleeves, bra optional, hell it's not cold in court so what's the difference?

Anonymous said...

ummm, Alan.

Anonymous said...

If a black lawyer walks into court with an African style garment, NO ONE would dare say a word. So Irish guy should be allowed to wear his kilt if it is considered formal attire and Hispanic lawyers should be able to wear guayaberas...heck everyone should be able to wear the African garment, the kilt or the guayabera

riddler said...

In the words of Peter Tosh, "You got to legalize marijuana, yay aaa."

What the hell is going on? Purchase of marijuana is a felony. How much pressure would be taken of the system if we eliminated the ridiculous sanctions. Listen, I know this issue is a broken record. It makes no sense because everyone smokes (almost everyone). How many judges burn? We all know a few.Cigarettes are arguably more dangerous in the long run. Ask that guy with a hole in his neck how bad cigarettes are, and he will ask you if you have a loose joint so he doesn't have to worry about the hole in his neck.
How many people have overdosed on weed? It promotes hunger, Netflix and an intense appreciation for watching football all day on the couch. It does not cause violence unless it is mixed with some other narcotic that could cause problems.
These guys who get busted for grow houses face a 3yr min.man. Huh? They should be honored for public service.
I'll get off my soapbox. It is time to hit it anyway.

My sincere condolences (sp?) to the Klein family. May he rest in peace.

Anonymous said...

If it's even true, I'd like to know how he has the time to do that ALSO. The man is always working.
Does he even have a wife?
I mean life.

Anonymous said...

rumpole your ideas on this are idiotic. go back to hanging out with all your useless traffic hack buds.
make burglaries to businesses and cars misdemeanors is ridiculous. only the cess pool that is the REGB would anyone think that these arent important crimes. I know rumpole you make so much money from your ticket practice that losing your car for a few weeks is no big deal but i can assure you that for a low income person this can be devastating. They then have to take bus which in this town isnt so great. not to mention the extra few hundred bucks a year all of us pay in car insurance.i actually think they ought to make grand theft auto score higher so that it wouldnt be treated as a joke like it is now.

burglary to a business or school should not be a misdmeanor. Rump imagine if someone got into your office and rumaged through all your nvdl and dwls files. how can you possibly think that this should be a case where people get no punishment at all? maybe when you defend people accused of nvdl all day, the thought of misdemeanor probation seems serious but evryone knows it is a joke.

the only one of your suggestions that makes any sense is to make all dwls cases misdemeanors.

why is it that all defense attorney ideas for more "efficency" always begin and end with giving people less punishment? i know i know we could never start with an idea like judges shouldnt coddle defense attorneys who ask for their 10th continuance because they havent deposed the lead detective in a murder case? another terrible idea would be to make asa's dump cases when they have no contact with a victim for months? or how about actually making all the judges, regardless of whether they finish thier calendars at 1030 be forced to try cases that would otherwise be court continued?

nah none of that would help. lets just make everything a misdemeanor.

jason grey said...

Wear what ever you want to court. When I am at work I want to look professional and sharp. Judges, juries, and clients (both current and potential), will respond favorably.
Like my old man once told me, nobody is going to pay you money if you look like you need it.

Anonymous said...

"Like my old man once told me, nobody is going to pay you money if you look like you need it."

Is that why Alan, gets the big bucks

riddler said...

Jason Grey says it all right there. But the dress code would be optionable. I would ask that sweat pants and cowboy boots be added to permissable attire.

I get the sense from the prosecutors who post have this mentality that defense attorneys always try to minimize things. I didn't see any requests on here to minimize serious violent crimes. Thats why a guy who goes into a tool shed while someone is home in the house commits an occupied burglary which is a 2nd. He has priors so the State will "bitch"him at the very least and put him in a red file. He is looking at 30+. Compare that to a murder 2nd which sometimes plea to 20 -25 range. If the public only knew.

Anonymous said...

Please Riddler. The plea offers and sentences in M-D are the softest in the state by far.

I don't get some of you guys. When I was a prosecutor, I used to have defense attorneys thank me for charging tough cases and getting long sentences (obviously, on non-clients). Don't you guys live or play in Miami? Don't you want a safe environment? Don't you realize that if the prosecutors did what you're asking the crime rate would be far worse?

Anonymous said...

How about color coded attorneys:

1. Prosecutors wear red jackets.
2. Defense attorneys wear blue suits if they are not ticket lawyers.
3. Judges wear black robes only.
4. Clerks wear yellow jackets.
5. Ticket lawyers where old jeans, a pony tail and sneakers. (NO JACKET)

Anonymous said...

ummm. Alan what you think.

Anonymous said...

Dear 7:28:
Your suggestion is well taken,but I would suggest it would not work.
In approximately 1989,an attempt was made by the Broward Criminal Dafense Bar and the Office of the Public Defender in Broward to bring in particular Judge Stanton Kaplan to task;by demanding jury trial on almost all cases.This was attempted because of Kaplans requiring open pleas to the Court with the understanding a PSI would be done,and the court in its discretion could impose up to 6 months incarceration even on first offenders with third degree felony charges.If I recall correctly,an excellent attorney led the charge as an Assistant P.D.,and now the Broward P.D.and law commentator Howard Finklestein.Such action by defense counsel was short lived.
A better suggestion is that attorneys be ready for trial,because more times than not the state is not ready,request your judge not grant multiple continuances to both sides unless the court itself cannot handle the matter.All parties must be willing to dispense justice expediciously by being prepared.The blame for much of this falls on the attorneys(State and Defense and don't suggest on the day of trial"But Judge,my main witness is in Ethopia or after tree or four month "Mr.Green has not shown his/her face as of yet").
Yes,we have large dockets,because much of the time the name of the game is delay,delay,delay.Judge must learn to say NO to continuances.One continuance to each side in most cases should be sufficient.No,not on murder cases,aremd robbery,sexual battery and a myriad of more complex cases.But when misdemeanors are two and three years old,third degree felony cases are reaching over ripeness all parties to involved in the criminal justice system in Miami-Dade are at fault.
Yes,we have many more cases than other counties,but we have many more attorneys,be it state or defense and we have many more judges.
By the defense being ready and announcing so,the state will have no choice but be ready or give a better plea providing our judiciary is willing to step up on not cave in to either side when the umpteenth continuance has been nrequested.

riddler said...

"The plea offers and sentences in M-D are the softest in the state by far."How does anybody know this? Has there been a study? What is considered soft? How do you compare Dade with Volusia? Orange, Brevard, etc.

Are you counting the pieces of sh*t that the SAO is filing and then offering lesser pleas with the jury in the hallway? Like the "strong arm" robbery where my client was charged as a principal because her boyfriend pushed past a Blockbuster employee near the door after he took a video game. Oh, he was an HO. The offer was 20 years as an HO. Bring in the jury for an NG.

Did you ever think that Dade prosecutors file soft cases? Kristi Bettendorf Scwartz Vagina and her band of merry intake attorneys, who don't know where the courthouse is. Please, when I was a prosecutor, we used to have to go to Howard Pohl smoker for pleas and he knew nothing about the case. What? When was the last time Pohl went to the courthouse unless it was to hit up the candy machine? The pit prosecutors are treated like children and they can't handle their loads.

Here is a novel idea: Get rid of the crap and concentrate on violent crimes like they do in real cities. But no, offer 364 for a residue case. Take up space and money with these cases to get the conviction rate up and give police inflated stats.

Discovery violations by the state also create pleas below the guidelines. Is there any reason that it is harder to get a police report than it is to hit a golf ball. "But Judge we don't have it,"is the wrong answer. How about not filing a case until the police bring all paperwork, pictures, misc. to the pre-file? Prosecutors should demand this. You have 21-30 days to file.If they care about their arrest than they should bring it to the SAO. Then you won't scramble the day of the trial looking like a bunch of unorganized monkeys in a circus act.

Your "friendship" with police officers does not mean you have to coddle them in court. If an officer does not respond to a subpoena twice, thats her problem not yours. The rule to show cause should be granted. Don't protect lazy officers who make arrests and don't show up to depositions. I love it when an officer comes into the courtroom for something like a
motion to suppress.I watched the prosecutor practically dry hump this guy. Put a firewall between you and the police.

I could go on and on. Did you ever stop to think these "soft" pleas are the not defense attorney's fault? They maybe the result of good legal work and incompetency by the state.

Don't even talk about judges who have their hands tied and are nothing more than elected audit clerks who spend most of their calenders doing plea colliquis (sp?)on possession of cocaine cases.

Anonymous said...

hey hey stop posting comments ..... this is the day to remember the passing of Judge Klien

Anonymous said...

Riddler you must have been one of those bitter three and day losers who think they know everything about how to prosecute cases because they tried 10 felony cases.

Idiots like you love to whine about coke possession cases and say that is why dockets are clogged. while i agree that most of these cases are stupid they hardly ever go to trial and most are disposed of at arraignment.

How do we know that Pleas in MD are softest in Florida? Some of us have ventured out of Dade County and have spoken to other defense attorneys about what happens in thier courts. From what I have seen as a defense attorney in a few cases in Broward and Palm Beach is that courts are much tougher. They dont always offer the bottom of the guidelines on every HO case when the jury is standing outside the courtroom.
They dont restore every probation violator three and four times after they abscond. They dont think that every Juvenile armed robber or rapist has a constitutional right to boot camp.

If it makes it easier for you to get up in am, deluding yourself that things are so rough for defense attorneysin dade, I understand.

What no one talks about in all of these posts is that many judges dont want to try cases. They want every cases to plead out. What they fail to grasp is that if they actually try cases and let people know that they want to try cases, more and more pleas will follow. When the defense attorney knows the judge will court continue every case so that they can go shopping or play golf they will delay the case forever.

Why do all the whiny defense attorneys blame the clogged courts on the state, when the judges may be at fault?

Anonymous said...

Lets start a poll. What justice building regular has the biggest ego?

vanna the nominees are:

Mark Eiglarsh
The Federal David Markus

Lets hear from the peanut gallery

riddler said...

You still did not address my points.Instead you come back with some attorney's have told you this and that. I spent almost 5 years at the SAO and worked under both Reno and Rundle. Loser? Well I have tried more cases than your sperm count. Not including federal. Stop hating and address the issue of bullshit cases. They must have hired you right out of law school while you still knew everything. Take your straw polls and focus on a concept known as reality. "State is not ready, Judge, we are doing a locate on the victim." Locate? Try that in Federal court. In fact try a grand jury for some of the cases that ended up being filed. Nobody at the SAO knows how to do it anyway.

Anonymous said...

anyone who says david oscar markus has an ego doesnt know him at all - but why should that stop someone from posting a comment like that

and no, I'm not david

Anonymous said...

Riddler hate to break it to you but i worked there twice as long as you and have definitely tried more cases than your dumb ass. i know i know you tried a few armed robberies and think you are the shit.
you are right about one thing, judges coddle the state by giving them multiple continuances for "locates". it is ridiculous. More ridiculous though is giving a defense attorney on a simple b-c level case any more than two continuances.
I also agree with you about that sometimes the state overcharges or files crap.Just like the remedy to all your weak ass defense attorney whiny bullshit is forcing you to trial, the remedy is to make the state actually try these cases. A couple of robberies come back resisting a merchant and an asa learns his lesson.

you truly are a retard if you think that dade isnt the easiest county in the state. anyone who has practiced in other counties knows this to be true

Anonymous said...

On November 7th, 2006, the good people of Miami-Dade County and Monroe County will VOTE either Yes or No for the retention of three Judges of the Third District Court of Appeal. Most people do not realize that the Third District Court of Appeal is the last appeal available to the citizens of Miami-Dade County and Monroe County on almost every legal issue. A loss in the Third District Court of Appeal almost always may never be appealed to the Florida Supreme Court, leaving a litigant only one appeal to the United States Supreme Court which will likely be denied very quickly. The United States Supreme Court accepts for review less than 1% of all appeals filed in their court, in addition just the printing cost of the briefs in this court will set you back $5-k.

The Third District Court of Appeal has literally in essence denied almost 50% of all the appeals filed by the citizens of Miami-Dade County and Monroe County, by issuing what is called a PCA, meaning the Court denies the review without any reason. Although the Florida constitution guarantees the right of appeal, the Third District Court of Appeal has side swiped this right by issuing a PCA denial of review. All PCA orders in Florida are NOT reviewable by the Florida Supreme Court and any attempt to seek review by the Florida Supreme Court will be denied on its face by the Clerk of the Florida Supreme Court (this decision is by choice of the current justices of the Florida Supreme Court). As noted filing an appeal to the United States Supreme Court is basically useless.

This November 7th, 2006, is the opportunity for the Voters of Miami-Dade County and Monroe County to send a message to the Third District Court of Appeal that we will not tolerate not being allowed meaningful appeals. An appeal is a right guaranteed by the Florida constitution, for example you could lose your, freedom, child custody, house, life savings and so much more by a trial court who might not follow the law and on appeal the Third District Court could simply say PCA without any explanation. Some have written on the subject that it is because of lazy Judges that sit on the Third District Court of Appeal that over 50% of the appeals are PCA denied without reason.

Miami-Dade County has been known as the capital of judicial corruption since the F.B.I. sting of the 90's titled "Operation Court Broom" that nailed several Miami-Dade Judges who took money bribes to fix the results of cases. In Miami it means so much more to get meaningful due process and provided a reason why you lose your freedom, house, car, life savings, etc;. When justice does not work in a town full of history of corrupt Judges it gives the appearance of impropriety. A detailed account of “Operation Court Broom” and the resulting indictments and trials, including the trial of Judge Sepe, is contained in the opinion in United States v. Shenberg, 89 F.3d 1461 (11th Cir. 1996), cert. denied sub nom. Sepe v. United States, 117 S.Ct. 961 (1997). CLICK HERE to read the details of this case.

No appeals Judge in any Florida appeals court has ever been removed by the voters. We believe it takes 51% of the voters to vote "NO" for the Judge to be removed. For a list of all the current Judges on the Third District Court of Appeal with picture and biography, CLICK HERE .

Here are the names of the Judges up for retention on November 7, 2006 :

Judge Leslie B. Rothenberg - Vote Yes or No

Campaign Treasurer:

Ramon A. Abadin, Esquire.

Judge Angel A. CortiƱas - Vote Yes or No

Campaign Treasurer:

Elena Maria Almeyda

Judge Richard J. Suarez - Vote Yes or No
Campaign Treasurer:

Steve Goldston

Anonymous said...

I'm sure the rest of the State would love all of these reduction of penalties.

Keep dreaming. How many defendants in other counties got sentenced to to between one year and five years in prison on a DWLS HTO? Probably a lot more than you think and let us not forget one case where in fact, the person did receive five years mitigated to 180 days, didn't show up to turn himself in and got the five years.

A shame, but the shocking reality is, the leniency of Dade is not found elsewhere in the state, so one county's desire to reduce penalties does not override the score of other counties not in agreement.

Anonymous said...

DOESNT ANYONE UNDERSTAND THATS ITS ALL ABOUT THE NUMBERS WITH THE POLICE DEPARTMENTS...THEY NEED TO UP THE CHARGES TO MEET THEIR QUOTAS, THEY HAVE TO HAVE A CERTAIN AMOUNT OF DUI'S, FELONIES AND MISD.A CERTAIN METRO DADE POLICE OFFICER RECEIVED AN AWARD FROM THE BOARD OF COUNTY COMMISSIONERS FOR HAVING 250 DUI ARRESTS IN ONE MONTH, MAKING ME WONDER IF HE EVER SLEEPS....THEY MAKE UP CHARGES, THEY MAKE UP WHATEVER THEY HAVE TO TO, THEY EMBELISH THE ARREST FORMS AND ADD AND DELETE WHAEVER THEY SEE FIT TO TRY TO MAKE THE CHARGE STICK.....THIS IS AMERICA ! YOU ARE NOT INNOCENT UNTIL PROVEN GUILTY, YOU HAVE TO SPEND THOUSANDS OF DOLLARS TO CLEAR A CLIENT, YOU HAVE TO SPEND HUNDREDS OF HOURS TO ONCE AGAIN FIND NUMEROUS HOLES IN THE PO'S STORY...ONE COP ARRESTS YOU, THEN ALL OF A SUDDEN THERE ARE 8 COPS ON HIS WITNESS LIST.....TRULY A REMARKABLE SYSTEM ! IT STINKS IF YOU ASK ME UNLESS YOUR THE SON OF A STATE ATTORNEY....THEN YOU WALK THE WALK AND WALK AWAY FROM THE SO CALLED SYSTEM !!!! FREE WITH ALL CHARGES DROPPED OR LOWERED TO A QUASI CHARGE.......