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. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, July 09, 2009

THIS STINKS

UPDATE: Tonight on NBC Dateline- The REGJB.
Bruce Fleisher. Manny Casabielle.
Judge Stan Blake.
The Departed- the True Story-Miami style.

We as defense attorneys all know that the situation
detailed in the comment bellow happens every day.
Judges who were not in private practice and
prosecutors may not be as aware of what goes on.

This stinks. It happens every day and the police
and the prosectors do not lift one finger to stop it.

If we find and can verify the name of the bondsman
and the attorney who is kicking back fees to him,
we will put their pictures on the front page every day
until this gets resolved.

You think Shelly Schwartz was mad?


Anonymous said...

Another bondsman kickback story:

Tourist gets arrested for a minor third degree felony. Standard $5,000 bond. Bond runner somehow gets the telephone number for his mother out of state. Tells the mom that since her son resides out of state, he will sit in custody for at least a week and that he needs to be bonded out immediately, before he sees the bond hearing judge, who will likely increase the bond "as they do with all non-residents."

Panic ensues. Mom gives her credit card number to the runner, who charges the $2,500.00 ($500 for the premium and $2,000 for "collateral"). Son bonds out and goes to see the bondsman. Bondsman states tha son must go see Mr. X lawyer immediately and have him represent him. He does the visit. Son doesnt like lawyer X and doesnt hire him. Lawyer calls bondsman. Bondsman then calls son and says that if he does not hire Lawyer X, then he will surrender the bond and that son will lose the premium and the collateral. So, you can either hire the lawyer or kiss your $2,500 goodbye. Then, when son says Lawyer X is charging too much, bondsman says that he will tranfer the collateral he is holding as a down payment over to the lawyer. Wow, what a swell guy.

Son hires me instead. I, of course, will call the bondsman (out of courtesy) and Lawyer X to back off MY client or I will file a Motion to Review Bond in front of the Honorable Betty Butchko and detail this entire scenario via affidavit and witness testimony. Of course, for completeness, I would be compelled to name the bondsman, the runner and Lawyer X who resort to intimidation, lying and deceit all in the name of a few bucks. Oh, and isnt this stuff illegal as well?

Sorry for the rant, but this is about the 50th time I've heard this happening. Bondsman kickbacks have somehow become a "little REG building secret." Pretty sad.

Thursday, July 09, 2009 4:05:00 PM

37 comments:

Faria said...

I can't click on the link nor read the full top of the post. =(

Anonymous said...

Ha! And you "felony attorneys" though the "traffic attorneys" had issues! Once again, people in glass houses ...

Rumpole said...

I won't publish names unless you give me proof.

I think I fixed the post. :)

Anonymous said...

rumpole, what proof do you want?

Anonymous said...

i mean, what "proof" would be good enough? this is the problem in the legal business. you envelop your efforts with all the ethics and decorum you think you deserve, but at bottom, we are sleazy businessmen hustling our jd's into a modest stream of referrals. our profession will fall and rise with the amount of effort invested in protecting its core values. so, continue seeking proof as we all sink into another ignoble trade status.

Anonymous said...

The Miami-Dade school district wants to be a national leader in combating teenage 'sexting,' the practice of sending sexy or nude photos over a cellphone.

On Thursday, Superintendent Alberto Carvalho said he would like to work with government and law enforcement agencies to develop a cutting-edge School Board policy -- and preach the dangers of sending racy pictures.

'This is to protect kids, to make them aware of the legal implications of some of their virtual transactions,' Carvalho said.

Because 'sexting' can be considered pornography, young people who send pictures of themselves or their classmates can be charged with a felony.

See Herald article...

Faria said...

You fixed it! Thnx. =)

Anonymous said...

What's sad is that so many people who are aware of this problem gripe about it anonymously but won't do anything about it.

If you want things to change, you have to take a stand. It's that simple (I would, if I had the proof you did).

Old Timer said...

OH MY GOD!!!!! Bondsmen in cahoots with Defense Attorneys?!

Did you just fall off the train from Hooterville?

This has been business as usual since before Cazzoli's ran the cafeteria at the MJB.

BTW what was the name of the little skinny latin dude at the grill making eggs in the morning?

Anonymous said...

Make the bond for every misdemeanor case about $1000 and every third degree felony about $2000. This problem will be reduced when the financial incentive for bondsmen decreases.

Dirty lawyers and dirty bondsmen conducting their trade right in the shadows of the "Justice" building and the SAO.

batman said...

This what is wrong with our profession. Not that this happened, because we all know it does and it is wrong, but that this lawyer has to even think about putting this before the judge, the State Attorney or the Florida Bar. This is why people want the Department of Professional Regulation to take over discipline and regulation of lawyers.

We have to clean up our own shop or someone is going to do it for us and we are not going to like it. Whoever you are, if you read the Code of Professional Responsibility you have OBLIGATION to report this illegal and unethical conduct and, if you don't you are as guilty as the bad lawyer and bondsman. Think about it and act.

Anonymous said...

Good, I hope someone gets exposed.

A bondsman once tried to convince me that the premium was actually 20% to the bondsman: 10% goes to the court and additional 10% to the bondsman. Is that not theft?

Rump: The guy is filing an affidavit in felony court - isn't that proof enough?

Rumpole said...

Proof- I guess I want the case number and some statement from the client's mother and the client. As I now look at it- this will be hard, unless the current attorney wants to reveal him or herself and make the allegation. They have an obligation to do so under the ethics rules, but that never stopped anyone from looking the other way.

Rumpole said...

To the moron who just named three names, TWO of them are dead idiot- not just the one you think is dead. But the other one- whose name you spelled wrong has also passed away.

Bondsman Arrested said...

Bondsman Shorthouse arrested for Criminal Mischief (misd).

Anonymous said...

shorthouse = OWNED!

now who else?

Anonymous said...

This is a lot worse than your usual referals and finders fees. Don,t you think?

Anonymous said...

Rule of Professional conduct 4-8.3 (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects shall inform the appropriate professional authority.

What does the word shall mean to you?

As I read the rule the author of the post must file a complaint with the bar. File a complaint or shut up.

the kid who knew how you liked your eggs was was Raul.

Anonymous said...

quit all this whining. all you supposedly honest lawyers never want to go on record and report another lawyer when this happens. you all whine and do nothing so this will continue.

there is no way for the SAO to adress this problem unless lawyers are willing to come in and name names.

so either go on record or quit whining

Anonymous said...

Unrelated, but interesting, this about a motion to compel an attorney to wear nice shoes in court. It happened in Florida.

http://www.loweringthebar.net/2009/07/motion-to-compel-defense-counsel-to-wear-appropriate-shoes.html

Anonymous said...

GEORGI was the name of the employee who cooked the eggs, took the orders and cashed you out.

abe laeser said...

Hey, Rumpole,
How come the headline was about Bruce + Manny, when it was Von Zamft who brought home the verdict?

You can spread the credit for good lawyering. After all, you are more than glad to trash the prosecutors when they screw up.

Fair is fair !

Anonymous said...

"It's a Shandah- The Rise and Fall of Weiner Robbins Tunkey Ross" NOW IN PAPERBACK, with new material including the "lost Fred Robbins" Tape.

The Late Stu Mishkin raved:
"A must read for anyone who wants to know about Miami Criminal law in the 1980's"

Anonymous said...

L&L...No Longer Just a Sex Offense. A must read about the rise of two lawyers and their hot associate.

Anonymous said...

No, it wasn't GEORGI who slung the hash chez Pickle Barrel, it was Raul, cousin of the owner's wife and Vidal, some distant relative of Raul. Raul is now in the document delivery business.

Anonymous said...

Sorry Abed on. The Boston DA did all the heavy lifting, not your old Miami Beach bud, Von Zampft. The state lost this case as the 3d will reverse the 2nd degree conviction as the statute has run. Only incomptence from Fleisher caused Judge Stan to sentence the def. And the failure to timely file the motion is definitely Rule 3 material against Fleisher once again.

Anonymous said...

the best bondman of all time. is it Jerry Miller, Gene Shryock or Hodus?

Anonymous said...

I have reported this bondsman kickback stuff over and over and the sao does nothing.

Just last week, client of mine was given the business card of a lawyer by bondsman.

I looked it up, it is a misdemeanor for bondsman to refer lawyers.

We all know who does this crap.

It is illegal and unethical.

Also, bailbondsman can not surrender client unless he wants to give up entire 10% fee.

Anonymous said...

Does anyone know whether the defense in the Connelly case requested or objected to the lesser inluded offense instruction which had been time barred? The caselaw seems to suggest failure to object would act as a waiver of the limitations defense. Hello 3.850?

Anonymous said...

Brown removes Lederman as Administrative Judge of Juvenile in direct violation of campaign promise

Anonymous said...

it is worse than u think, there are dozens of hustlers who sit on computers all night looking at the last 100 bookings in . when they find a likely prospect they call the family and try to hustle both a bail bond and attorney and get a kickback 30 to 50 % from the lawyer. worse is booking desk workers at the jail also have bondsmen and lawyers they refer to , as do the "house men" at the jail who control phone usage. There are even lieutenants , and captains in on it. Every single time I have gone to see a client charged with trafficking, the client has a business card of a certain long time prominent attorney who's name heads up a multi attorney Miami criminal defense firm. EVERY TIME over ten years, . this stuff is old hat. the only way to stop it is to shut off access to booking info, but the county refuses. by the way all defendants should have to go to a bond hearing, it could be 24 hours like ny. the bullshit cases will get ror;d and the really bad shit will be treated with more care,best of all the bondsmen will loose their advantage over lawyers, win, win, win

Anonymous said...

Trust me, there's not a single judge over there upset over Leaderman not being in charge. Tyrant.

Anonymous said...

yes, even the judges hate having Cindy in charge. She is a rude rather agressive tyrant.

Just check with some of the former juvy judges who she forced out....

Anonymous said...

Re-read the context of the question.
If you read it as who's the dude who cooked the eggs at "COZZOLI'", as the question implies, then I am right. It was Georgi.

If you misunderstood the question to refer to the "PICKLE BARREL" then it was Raul,related to Howard, who's dad Murry worked the counter as well.

But read the question again. The context is concerning "COZZOLI'S" restaurant, Haute Cuisine establishment at REG before the PICKLE BARREL and successor to PARK LANE CAFETERIA the original habitue of the building.

Ham and Egga said...

Thank You!

It was in fact Georgie who make those eggs on the grill right in front of you. Always recognized you and made whatever you wanted.

I once saw a clerk sneeze and pass spaghetti through his nose at lunch there...true story.

Anonymous said...

YOUR ALL CORRUPT TO THE CORE.
INCLUDING MOST OF CORRECTIONS, AND PRE TRIAL.

BOND HEARING IS A JOKE.

ELLIOT RUNS THE SHOW.

FELONY CASES WALK ALL DAY IN BOND HEARING.

MAYBE THEN WILL DEFENSE ATTORNEYS GET A CASE.

PTR HAS GUIDE LINES AS TO WHO GETS AND ITS OVERLOOKED DAILY.

CHEW ON THAT.....

Anonymous said...

Rumpole, Its called assighnment of collateral.Bondsman protects his client from getting A/C, because some wacky do defense attorney gets down payment and then doesent even put defendant on calander causing bondsman now to travel crosscountry to pick up defendant risking getting shot at or worse getting killed if not paying 5k. WAKE UP.....