FACDL PRIME MINISTER OF DEFENSE IMPORTANT UPDATE

 Let's see if we got our Mojo back after the prior lackluster post. 

President Trump yesterday told voters in North Carolina to vote twice- once by mail and once in person. There are several Hialeah political consultants who saw that and said "Conjo! I was right,"  Of course there is the tiny issue of the fact that trying to vote twice is a federal offense. But when your president tells you to do something....

Your FACDL Prime Minister of Defense has a must read email. As always, threatened legal action requires us to aver that this email is published with the express written consent of the National Football League. 

Now here is the thing about this sleep-inducing batch of information. When it is 8:45 am and you need to log into to a Juvie hearing, do not blame us or the FACDL if you do not have the right information.

 Two interesting tidbits- Miami Dade County Department of Corrections, (Motto "Gonna make some dough like Apple") has decided to start charging for video-phone calls with inmates.  Not that they are trying to take advantage of the Covid crisis or anything. It's just good bidness.  Kudos to the PDs who do not charge for the silly insignificant 6th amendment right to counsel stuff. If you need to speak with your client gratis, use the PD information below. 

1. PVH
1. We are litigating in front of Judges Miranda and de la O the issue of whether the Court can force a PVH over defense’s objection, especially when the client is in custody and infringes on his/her 3.850 and 6^th Amendment right to competent and effective assistance of counsel.  If your client is in custody, has an objection to a PVH, and the Court is trying to force the issue, please reach out to Dan Tibbitt to discuss.
2. Corrections
1. Corrections will begin charging attorneys for video visitation beginning 10/1.  I do not know the pricing, and we are discussing alternatives, but corrections views this as akin to speaking with clients via phone, so I am not optimistic they will forever foot the bill for our client communication. 
2. Remember:  you have a free alternative in using the PD’s Office for remote visitation, email attorneyrequest@pdmiami.com
3. You can still visit clients in the jail, but it will be non-contact (“under glass”).
4. Interestingly enough, corrections says they are creating some sort of booth outside the jail where we can video conference with a client from on property, but outside jail walls.  I have no other information as to how this will work, but I am envisioning the red phone booths you see in the UK.
5. If you need a document signed (including written plea agreements) by an inmate, you have 2 options:

                                                             i.      Mail it in and wait for it to come back with your client’s signature; OR

                                                             ii.      Go into the jail, hold visitation “under glass,” provide the doc(s) to a guard, who will then walk them to the client and return to you once client has signed.

1. This is the fastest way.

                                                            iii.      There are drop boxes at all facilities for legal mail (in some cases, it may just be that…..a cardboard box).  This mail, like anything that is delivered via USPS, is opened by a CO in the presence of the client.

6. Orders for Custody Release to Programs

                                                               i.      Please verify that your client is negative for COVID before submitting an order to have them transported to a program.  The programs are not currently taking anyone with COVID.  If a transport order was submitted, but the client not transported due to being positive for COVID, it creates additional paperwork for corrections that will result in delays in other potential viable releases.

7. House Arrest and PTS orders

                                                               i.      Reminder to include ALL conditions in your order.  Name, DOB, Jail No, Sex/Race, cell location, stay away order specifics, curfew, alternate bond, permissions for work/school/etc, reduction of monitoring fees, and anything else that will need to be included dependent upon your client’s needs.

                                                             ii.      Submit your client’s references along with the order.

3. Misdemeanor DV Operations
1. Zoom directory for Misdemeanor DV to be posted shortly on our website behind the members’-only paywall. But they are attached as well.
2. A schedule of the coverage judge for below will be posted once it is released to us.
3. Beginning Wednesday, September 9, 2020 @ 3PM an assigned DV Judge will hear non-emergency misdemeanor motions for all three DV misdemeanor divisions (M87, M88, and M89).  The calendars will take place every other Wednesday.  All participants will appear remotely via Zoom.  The covering Judge will use their standing Zoom ID (which will be posted on our website).
4. A maximum of 10 motions will be set per calendar unless the covering Judge approves to raise the cap.  The COC will first set any motions that have been pending hearing.
5. To place a motion on calendar, the filing party must contact the covering DV judge by 3PM the Friday before the calendar.  Do not contact the COC.  Please make sure you have EXHAUSTED the possibility of an agreed order or ruling on the motion.  Please include the following in your motion:

                                                               i.      If your client’s presence is required

                                                             ii.      If your client needs an interpreter

                                                            iii.      Name, Case #, JLN, dob of your client

                                                            iv.      Copy the opposing ASA or APD on your motion

                                                              v.      Set forth efforts made to reach an agreement with opposing counsel

                                                            vi.      Motion must set forth all legal grounds relied upon by party filing motion.

6. Upon receipt of a motion, the DV judge will  determine whether the issue can be ruled on without a hearing or the issue necessitates a hearing. If the judge grants the hearing, the motion will be forwarded to the COC to be placed on the following week’s calendar (space permitting). 
7. Motions requiring evidentiary hearings should be specially set with the division Judge. 
8. Emergency motions will continue to be placed on the daily DV bonds calendar.
3. Juvenile Delinquency
1. Zoom Info

                                                               i.      Meeting ID: 938 0652 9690

                                                             ii.      Password: 438430

                                                           iii.      Dial by your location

1.         +1 786 635 1003 US (Miami)
1. Below is a coverage calendar for the month of September.  It will be posted on our website.  After this month, they will return to their previously scheduled rotation, which is also attached and will be posted under COVID19 Info.

September
Monday	Tuesday	Wednesday	Thursday	Friday
31  Marrero	1 Prescott	2 Denaro	3  Marrero	4 Prescott
7          LABOR DAY  WEEKEND BOND DUTY	8 Marrero	9 Prescott	10 Marrero (covering for Denaro)	11 Marrero
14 Prescott	15 Marrero (covering for Denaro)	16 Marrero	17 Prescott	18 COURT HOLIDAY WEEKEND BOND DUTY
21 Marrero	22 Prescott	23 Denaro	24 Marrero	25 Prescott
28 COURT HOLIDAY WEEKEND BOND DUTY	29 Marrero	30 Prescott	1 Denaro	2 Marrero