From time to time over the year we will be presenting "Rumpole's Practice Tips"( (c) Rumpole 2010, all rights reserved.)
To present our first tip of the year, we introduce our newest Blog Contributor:
"The COLONEL OF COUNTY COURT".
Colonel, take it away:
THE COLONEL OF COUNTY COURT:
Thank you Rumpole and it's a great pleasure to be here. No saluting, as most of your readers are civilians. There are great changes a foot in County Court, starting with NO MORE SOUNDINGS for any cases other than DUIs. So if you take in a DWLS or NVDL and need some time to get your client a license, you're going to need to develop a system to calendar the case about 30-40 days out and take it off the trial calendar so you get the time you need to get the DL. But that's not our tip today.
Our first County Court practice tip has to do with arraignments and speedy trial. Did you know that if you get hired on a recent misdemeanor arrest and file a NOA the clerk will cancel the arraignment and set the case for trial (or sounding if it's a DUI)? If you do that within a week of the arrest, you're putting about 20-40 days of speedy trial time back on the table instead of in your client's pocket where it belongs.
So our first County Court practice tip is to NOT FILE THE NOA until a day or two before the arraignment. If necessary, go to the arraignment to make sure your pleadings are in the file. This will put the case about a month or more into the speedy trial time period. If you don't do this in, lets say Judge Bloom's division, then you're going to find yourself at a trial or sounding within a month of the arrest and forced to waive speedies.
That's it for now, and remember, as we say in County Court: "There's cash in dem der misdemeanors. "
Rumpole: Thank you Colonel. You're a valuable new addition to our blog for 2010. We've needed a knowledgeable reporter for County Court and you were the very best of the lot who auditioned for the job.
And now, we present Rumpole's First Practice Tip of 2010.
If you've read the Civil Blog today then you know our favourite Federal Blogger has been galavanting off in Tampa and the Middle District on a case and at the pre-trial detention hearing David was quoted as saying this:
We will be going to trial,` top Florida defense attorney, David Oscar Markus, said Thursday at a bail hearing in Tampa federal court for the singer, born Mark Anthony Myrie.
`He did not commit the crimes he`s charged with. He was not in any conspiracy,` Markus added.
David, David, David: NEVER LET ANYONE OUTSIDE OF THE FAMILY KNOW WHAT YOU ARE THINKING!
Have you forgotten everything we've taught you?
When you're starting a difficult case, walk over to the prosecutor and agent after the hearing and shake their hands and tell them they did a great job, your client has no chance, and what's the best they can do for you? Very likely you will put them at ease and get them talking about the case. The last thing you want them to do is to go back to their office and start preparing for trial. Let them worry about other cases. This one is a slam dunk for them.
So Rumpole's first practice tip for 2010 is To Keep Your Cards Hidden. Feed misinformation to your enemy. If you're going to attack, show a meek and mild defensive posture. If you're going to defend, be aggressive.
Almost ready to say "see you in court". Things are moving rapidly here, where our opponents were sure we were going to plead, right up until court on Monday.
hahahahaha.
12 comments:
Thought Chris Lyons had the Jamaican Rapper. He appeared at first appearance.
Rump,
I disagree with you on your comment about David. Not because I don't agree that we must keep our cards hidden, but it is a given that when you hire David, trial is the result. Has he ever taken a plea deal?
THE CAPTAIN REPORTS:
Hey, Colonel, I outrank you! Welcome to the blog.
Speaking of County Court, SLOW DOWN .....
Swiss court fines speeding millionaire $290,000
Getty Images ST. GALLEN, Switzerland (AP) -- A Swiss court has slapped a wealthy speeder with a chalet-sized fine -- a full $290,000.
Judges at the cantonal court in St. Gallen, in eastern Switzerland, based the record-breaking fine on the speeder's estimated wealth of over $20 million.
A statement on the court's Web site says the driver -- a repeat offender -- drove up to 35 miles an hour (57 kilometers an hour) faster than the 50-mile-an-hour (80-kilometer-an-hour) limit.
Court clerk Heidi Baumann-Becker said Thursday the unidentified driver can appeal the decision, handed down in November, to the Swiss supreme court. The Blick daily newspaper in Zurich reported the fine was more than twice the previous Swiss record of about $107,000.
Hope he does not draw Rothenberg, Salter, or Lagoa or (Fill in the blank).
Cap Out .....
chris lyons
hahahahahahahahah
that's hilarious
Many of you on the FACDL listserv received a demi-diatribe by defender and erstwhile judicial candidate Milt Hirsch.
His email included this paragraph which caught our eye:
"As I understand it, this is a nation-wide program
operated by a private company out of Arizona or Ohio, some such place, and
is a golconda for the municipalities."
We shall endeavor to assist:
GOLCONDA:
Golkonda (or Golconda) Urdu, a ruined city of south-central India and capital of ancient Kingdom of Golkonda (c. 1364–1512), is situated west of Hyderabad.
Milt's usage of the word is somewhat arcane but probably relates to the city's renown for having diamond mines.
Golkonda was once renowned for the diamonds found on the southeast and cut in the city. India, at that time, had the only known diamond mines in the world.
The Mines of Golkonda themselves yielded diamonds of trifling quantity. Europeans knew that diamonds were found only in these fabled mines. Golkonda was, in fact, the market city of the diamond trade, and gems sold there came from a number of mines. The fortress city within the walls was famous for diamond trade.
Milt's tirade related to a private company out of Arizona that was hired to take photo's of those who run red lights, and it should be noted Milt was inquiring on behalf of a family member and not himself.
Hold your horses Captain:
It depends which country and branch of service one is speaking of. The ranks of Major, Lt. Colonel and Colonel all out rank a Captain, unless the Captain is Navy or Coast Guard, then he would be equal in rank to the Colonel.
In US Military, in all but the Navy, the order of these three ranks from lowest to highest is:
Captain
Major
Lieutentant Colonel
Colonel
A Captiain in the Navy is the equivalent in rank of a Colonel in the Army, USAF or USMC
The Captain responds:
Actually I was speaking of my rank on the Blog in terms of seniority ;)
Enjoy your weekend.
Cap Out ...
Have we sunk to a low, when a Captain must remind a Colonel who outranks who?
Not to say I don't enjoy humor, but this whole "I outrank you" and "blog seniority" sounds like... um, fecal matter?
You're both fictional avatars/constructs of anonymity.
Get over yourselves!
The word golconda is but one of many arcane words used by Senior Judge Bruce Selya of the First Circuit Court of Appeals. A quick check on Westlaw shows he's used the word in 17 reported decisions since 1991 (Yes, I know it's a strange thing to be looking up at 2:00 in the morning). Read any opinions he's authored and you're sure to come across at least one or two words that will send you scrambling for the dictionary.
20 spot for Phil Davis.
Karma's a bitch.
I have had mixed emotions about, but kvel in ultimate victory, due to most of my opposing counsel's misbelief that I am an idiot. Hmmm, sometimes they even forget and shoot themselves again, cuz afterall, I was lucky!
This should be called the Injustice Log.
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