tag:blogger.com,1999:blog-19039943.post1562455151964944880..comments2024-03-29T08:14:13.708-04:00Comments on THE BLOG: WHERE ARE THE JURY TRIALS?Rumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger20125tag:blogger.com,1999:blog-19039943.post-43659734833043093492010-10-15T12:04:13.908-04:002010-10-15T12:04:13.908-04:00For the defense attorneys that want a trial, just ...For the defense attorneys that want a trial, just pick up a case north-of-the-border ("Bro-weird") and your bound to go to trial. By the time you finish speaking with the ASA assigned on the case, the supervisor, and whoever else might be involved in the case within the office, its probably more beneficial to try the case than to actually spend all that time speaking to everyone in the office.<br /><br />Additionally, good relations always helps in resolving cases when one is negotiating a plea at all levels: Federal or State. Keep in mind that a good criminal defense attorney is well-versed in the law, good in pre-trial motions, and effective in trial. This is what should drive us all to become advocates for our clients.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-65957970955606169492010-10-14T21:39:46.136-04:002010-10-14T21:39:46.136-04:00"A judge has complete discretion up to the st..."A judge has complete discretion up to the statutory maximum. So a third degree felony that scores nsps can still get five years without any appellate remedy."<br /><br />As noted above, the statute was amended at the last legislative session. A defendant who scores 22 or below MUST receive a non-prison sanction unless the judge makes specific written findings, hence there IS a potential appellate remedy under those circumstances (de novo if there are no findings, abuse of discretion if there are).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-16418493860229454852010-10-14T20:01:22.108-04:002010-10-14T20:01:22.108-04:00David S is right, They just changed it . guideline...David S is right, They just changed it . guidelines now say the judge MUST sentence to a non state sanction at 22 or less.<br /> Jason GreyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-78211406525180140302010-10-14T15:23:19.816-04:002010-10-14T15:23:19.816-04:00To 11:41:
No, what I think the poster was claimin...To 11:41:<br /><br />No, what I think the poster was claiming was either that very few in Miami speak english. However, a more realistic theory is that MOST people in Miami speak both English AND spanish. Yet when caleld to jury duty, many of them feign not being able to adequately speak the language. That means that they are not "patriots" like you claim but rather people who are trying to get out of jury duty. Sadly - more akin to the poster who said that people don't appreciate the country that took them in. WHile I do not agree with the poster, there is a kernel of an argument in what he was trying to say albeit in an unclassy manner.<br />Just because you're paranoid doesn't mean people aren't after you... and just because someone has a negative opinion about another does not make them a "Bigot."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-36424399250667773792010-10-14T11:41:35.831-04:002010-10-14T11:41:35.831-04:00Interesting that most bigots are ignorant, take th...Interesting that most bigots are ignorant, take the author of the comment posted at 9:29, he complains that the jury pool is comprised of citizens who don't know english. If true that means that the citizens who do know english are using their skill to avoid jury service and the only patriots in the county don't speak english. Sounds like another excuse for some racsist asshole to avoid going to trial.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-75069265160192078352010-10-14T09:57:39.811-04:002010-10-14T09:57:39.811-04:00Federal civil jury trials are WAY too expensive a...Federal civil jury trials are WAY too expensive and risky. Think about it, $100k (at least) for a federal civil jury trial, only to put your financial fortune in the hands of a bunch of under-educated strangers...no way. <br /><br />Plus, the statutes and Rules are written to avoid civil jury trials. Mandatory mediation in every civil case, attorneys fees in overtime and ADA cases, etc., real damages near impossible to prove in trademark cases. Going to trial is a losing proposition for both sides. <br /><br />Even if you win, what's the point? Unless you are suing Uncle Sam or a big corporation, defendants in Florida can just use any available cash on hand to pay down their home mortgage, declare bankruptcy, hide behind homestead, and leave your paper judgment for you to wipe you a$$ with.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-66933889036429411952010-10-14T09:35:57.822-04:002010-10-14T09:35:57.822-04:00The reason I don't go to trial very often is c...The reason I don't go to trial very often is called Motions. I win more cases with good pre-trial motions than with juries.<br />Break the State down ahead of time and they see it's not worth it for them to go trial and have me get a not guilty.<br />The cases that I can't win via motion practice are usually those where the defendant wants to take a plea, and for various reasons, it's usually in their best interest to do so.<br />And, agreeing with 5:22, good negotiations are often undervalued.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-19952082569090621112010-10-14T08:15:27.059-04:002010-10-14T08:15:27.059-04:00Another reason, among many, is that there's no...Another reason, among many, is that there's no money in going to trial for most private defense attorneys. The top ones will go to trial, but 75% of the state level defense bar makes more money back at the office signing clients than sitting in a courtroom trying a case.<br /><br />I remember there were some ASAs who would send certain private defense attorneys a rights waiver form in discovery, knowing there wasn't a snowball's chance in hell they'd go to trial. PDs, on the other hand, for the most part were there to try cases. Don't know if that's still the case these days.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-21306754361070501662010-10-14T08:14:39.148-04:002010-10-14T08:14:39.148-04:00Here's what I believe is a related question: ...Here's what I believe is a related question: Why do we hear so much whining from some of the young attorneys about their workloads when the number of arrests is down so much?<br /><br />Remember what things were like in County Court pre-merger (when DUI/traffic was separated from Other Crimes/Misdemeanors)? The traffic folks worked insane hours, but most loved it. The ones who didn't want to work like that went to Other Crimes. Guess what? The system actually worked a lot better.<br /><br />Hmmmmmmmmmmmmmmmmmmmm.<br /><br />While many of the young lawyers have great talent and work hard, too many seem to think they're entitled to their paychecks and promotions without putting in the time. It's like they think they can learn case law by osmosis (or hanging out). So frustrating.<br /><br />BTDTAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-26759932195663965752010-10-14T08:01:19.350-04:002010-10-14T08:01:19.350-04:00True that Judge has discretion, within limits. T...True that Judge has discretion, within limits. There is precedence that sentencing a defendant harshly for excercising its rights violates due process. Granted it is US Supreme Court precedence, but why not. Discretion is necessarily limited by the Constitution, although it will take a fight, as have other supreme court precendence, but why not. At some point, the financial strain of the trials and appeals, coupled with prision over population will take a toll, its all about economics. I guarantee you, right now the Miami-Dade Corrections is ready to collapse, if we puch misdemeanors to trial, we will make the point, but if we sit idle, the screwed up system wins.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-50813690080947186922010-10-14T07:50:17.623-04:002010-10-14T07:50:17.623-04:00To 7:31pm,
What exactly makes a lawyer qualified ...To 7:31pm,<br /><br />What exactly makes a lawyer qualified to take a case to trial? I'm not talking about capital murder, but your run-of-the-mill 2d felony.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-50428469765322689752010-10-14T05:52:45.222-04:002010-10-14T05:52:45.222-04:00Rumpole you need to re-read the statute, DS is quo...Rumpole you need to re-read the statute, DS is quoting it.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-51413197723268072292010-10-14T04:35:01.235-04:002010-10-14T04:35:01.235-04:00I have heard prosecutors say that with the crush o...I have heard prosecutors say that with the crush of cases, they don't have time to go to trial. I would hope this isn't part of the equation, but I suspect there is some truth to the sentiment.Kenthttp://www.dailyprosecutor.com/noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-78461098285165878202010-10-13T21:29:44.119-04:002010-10-13T21:29:44.119-04:00lawyers don't go to trial because the jury poo...lawyers don't go to trial because the jury pool is comprised of a bunch of lazy and idiotic people who can't speak English but have been in this country for 20, 30 or even 40 years. They don't even try to learn the language of the country that they're receiving benefits from, but these are the same people who are quick to blame the government for everything that goes wrong in their lives. Miami-Dade jury pool, in simple words, SUCKS (big time)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-79128293551435554412010-10-13T20:33:13.857-04:002010-10-13T20:33:13.857-04:006pm. Not so. A judge has complete discretion up to...6pm. Not so. A judge has complete discretion up to the statutory maximum. So a third degree felony that scores nsps can still get five years without any appellate remedy.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-46518789948396970812010-10-13T19:31:38.324-04:002010-10-13T19:31:38.324-04:00One reason for the lack of trials (in Miami-Dade C...One reason for the lack of trials (in Miami-Dade County State Court)<br />is the wimpy attitude of the PD's<br />office these days. Now everything is about "how many depositions have you taken this year?" instead<br />of "how many trials have you done this year?" They have to lead the line for all defense attorneys. <br /><br />Another reason is that there are too many so-called defense lawyers out there who can't try cases, don't want to try cases, aren't qualified to try cases and thus<br />plead out everything. I've heard the younger generation brag that they haven't tried a case in three years. What kind of crap is that?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-47739607277464096402010-10-13T18:24:01.613-04:002010-10-13T18:24:01.613-04:00Concerning the state's decision to not pursue ...Concerning the state's decision to not pursue an appeal of the law dissallowing gays and lesbians from adopting children from state custody, Republican attorney general candidate Pam Bondi's silence is interesting. <br /><br />Repubican attorney general candidate Pam Bondi vowed to appeal the 3rd DCA all the way to the Florida Supremem court. <br /><br />What is her position now?<br /><br />Will she change her stance and be the great non-politician outsider everyone makes her out to be? Or will she admit that experience matters and that her lack of experience makes her making mistakes in judgment more normal than just an accident. <br /><br />Pam Bondi is too extreme to be our attorney general. <br /><br />Pam Bondi is the inferior candidate in this race. <br /><br />Pam Bondi has no, none, nada, nine, poltiical experience. <br /><br />As lawyers, we should tell our friends and family, our staff and anyone else willing to listen that the state of Florida deserves better than Pam Bondi.<br /><br />Vote for Dan Gelber. Vote for Florida.<br /><br />Gays and lesbians, heterosexual aduls and orphaned children need us to get the word out. <br /><br />Pam Bondi should not be the next attorney general!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-42676089678942830222010-10-13T18:00:10.223-04:002010-10-13T18:00:10.223-04:00Rumpole
I thought the current State guidelines ( ...Rumpole<br /> I thought the current State guidelines ( yes it is the Punishment Code) says that a score of 22 or below REQUIRES a NON State sentence and the court can NOT send a client to prison if the score is 22 or below?<br />DSAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-55854607516547430902010-10-13T17:22:26.352-04:002010-10-13T17:22:26.352-04:00We don't go to trial for a number of reasons. ...We don't go to trial for a number of reasons. But we are all to blame.<br /><br />I think that first and foremost, many of our clients do not want to go to trial. Think about it. Even if you were charged with a 2nd degree misdemeanor, do you want to take a chance with a jury? Trials are always risky. Many of our clients will tells us upfront that they don't want to go to trial. They just want the case to go away. After enough time, that PTD or probation plea looks pretty good.<br /><br />Then there is us. Simply put, it is not economically sound for us to close shop for a few days to try a case. If you miss that phone call, the prospect will call someone else. <br /><br />The judges. Too many judges in that building that will punish your client for exercising a constitutional right. Glick and Butchko (especially Butchko) are high on that list. Judges can be lazy and do not want us spoiling their 3 hour lunches and 2:30 tee times with jury selections and pretrial motions. If we ruin their day, they will prepare to ruin ours, and our clients.<br /><br />The system is not set up to try cases. In the 1960s, when we had a quarter of the cases in the criminal system, we could afford to try more cases. And also, back then (at least according to some real old timers and old school judges), there were no depos, no continuances, no nothing. Either plea or go to trial, but it was usually done within 90 days of arraignment. Now we take our time.<br /><br />I think it's a multitude of factors. But honestly, many of our clients are guilty and it's often best for us to plea them out. But plea negotiation is a very important and often under valued part of what we do.<br /><br />Your negotiation skills and relationships with prosecutors will often do more good for your clients than your trial skills.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-10261136147614376102010-10-13T17:08:13.603-04:002010-10-13T17:08:13.603-04:00DOM tries cases.DOM tries cases.Anonymousnoreply@blogger.com