Thursday, September 03, 2020


 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 6th 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.

    1. 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.

    1. 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.

  1. 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.

    1. 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). 
    2. Motions requiring evidentiary hearings should be specially set with the division Judge. 
    3. Emergency motions will continue to be placed on the daily DV bonds calendar.
  1. 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.







31  Marrero



3  Marrero


7          LABOR DAY 


8 Marrero 

9 Prescott

10 Marrero (covering for Denaro)

11 Marrero 

14 Prescott

15 Marrero (covering for Denaro)

16 Marrero 

17 Prescott  



21 Marrero 

22 Prescott

23 Denaro

24 Marrero

25 Prescott



29 Marrero


30 Prescott


1 Denaro


2 Marrero


Blonde PD said...

You're back baby. Don't worry, every man from time to time has a moment when they cannot....perform (lol). But is usually doesn't last.

Anonymous said...

Thank you for the information.

Anonymous said...

Should I be concerned that FACDL thinks defendants have 3.850 rights? Who knew the Bill of Rights have decimals points?

Fake Hon Rosy Aponte said...

Ummmm like duh. Of course the bill of writes has decimal points. Article 1 .5 protects like freedom of religious speech with firearms. And article 4.5 says lawyers have like rights to defend people without wearing masks.
This is the kinda stuff us judges like know and stuff. And race relations too.

Anonymous said...

Ok now the blog is back on track. Thank you Hon Rosy A. Rough day. Needed that.

Anonymous said...

The Second Amendment protects all our rights.

the trialmaster said...

PLease do not post about Kiddy Kourt. I do not go there unless I represent a celebrity and charge federal court fees.

Anonymous said...

Market falls 1000 points no end in sight.
Never bet against Rumpole.

All Blog Fakes said...

we are loving Fake Hon Rosy Aponte
welcome and post more

Fake Blecher said...

Hey speak for yourself

Anonymous said...


How’s your big short going in the stock market?

Any thoughts? Buy Apple? Amazon? Tesla?

Please advise!

Rumpole said...

Watch the Vix and the RSI. When the vix went above 25 I went from cash to short. Any RSI over 70 shows that the market is overbought. The RSI went above 70 on 8/18. At that point it was the Vix that needed to catch up which it did this week which is when I went short. But note we lost about 3-4% today and the market has been up over 15% this past month so we are far from a meaningful consolidation. I would like to see another few days of the market down to the point where it loses about 5-6% more from today, and then see what is going on in the world. You have two large events coming up. Phase three reports from Moderna and Pfizer end of October/November and then the election. I would be very very cautious about any good vaccine news the end of October because of the nefariousness of this president who is going to use good vaccine news as an October surprise. Good news after the election is decided is more trustworthy.
SO the question is whether if the market falls a bit and then stabilizes whether you want to gamble on those two events?

Rumpole said...

Oh I almost forgot. with the sell off the RSI is now at 68. But I would not be a buyer until the market is oversold and that is an RSI at 25 and a Vix under 25.

Anonymous said...

Lol shorting the market. Dude , you are a lawyer / legal blogger not a trader. If we sold and listened to u we would be seriously hurting. If u invest in the market you invest for the long run.

Rumpole said...

Well I might not know much but I knew enough to short the market in January and February. I may have missed most of this run, but then, I didn't need it after March.

Anonymous said...

Would love to hear your views whether thosue who serve in our nillitary are suckers and losers.

Rumpole said...

My views are we have a president who did not serve. That does not always mean a lot. Carter served. So did every president before him back through Ike- not sure about Truman.
But this president has no idea what it means to personally sacrifice for an ideal. I believe he truly thinks people who serve and sacrifice for their country are suckers.

My response is Semper Fi.
My response is someone like him should not be allowed in places like Arlington Cemetery; Gettysburg; The US Cemeteries in Europe.
When you stand in the Cemetery in Normandy and see the name and ages of the teenagers and men in their 20's who died for our country, it stays with most people for a long time. My guess is that it never affects our President for one blessed moment.

That's what I think.

Anonymous said...

Rump: Terrible news. Unemployment way down. You progressives need to close more shit to try to tank the economy before election day. Time to sit shiva.

Anonymous said...

Perdon....Grieco, Aponte & Rebullshit, PA

Rumpole said...

There is no rumor that judges have to try 15 cases a week so I am not publishing the stupid comment.

9:21 if you're sitting shiva you can do it for the soon to be 200,000 dead Americans because we have a president who said 1- it will just go away; 2- it will go away this summer; 3- there is no virus that will kill Americans; 4- defunded the National security council's team responsible for pandemics; 4- did not embrace masks until thousands of people started dying;
I could keep goin but why bother?
If Obama did any of those things the republicans would have roasted him. Indeed they criticized his response to Ebola. Boy did he blow it on Ebola- how many Americans died of ebola?
Can you imagine the outcry if Obama was president and the US had the MOST deaths because of a virus? Well, just in case you are checking, the US currently has the MOST deaths caused by Covid. And who is our president? Oh yeah, the draft dodger who said it would "just go away".
The only think that should "just go away" is the idiot who said the virus will "just go away"
And maybe you 9:21- you can go with your president when he and the virus "just go away"

Anonymous said...

You just haven't heard the news yet. The rocket docket is coming in October.

Anonymous said...

9:21 is not a Republican. By the way, please recount to us what you brilliant Progressi told us to do in December and January? Bad idea to block air travel from Europe and China, I recall. Racism, wasn't it? You guys are the masters of 20/20 hindsight. And, you must be very depressed about the drop in unemployment. You kept the schools closed, tanked small business, criticized everyone for not wearing masks or social distancing except for rioters and demonstrators, and things are still getting better. By the way, don't you think you should deduct the 11,000 that Cuomo killed from Trump's death count?. Now, it looks like you are going to lose the election, so it is time to start the drum roll that Trump stole it from Drooling Joe, who of course still won't have a real press conference or a drug test. Maybe if you can stuff the ballot box with enough solicited, forged, and pre-printed ballots you will be able to drag the election results out long enough to really tank this country. You are pathetic.

Anonymous said...

9:21, August's gains does nothing to the 20,000,000 jobs lost in April

Anonymous said...

Like a true degenerate gambler you only talk about your winnings! Cost dollar average into the market. Hold forever until you need the money. If you want some advice you should spend your time investing in small apartments/ buildings. The write offs are attractive. Furthermore if you do 750 hours of real estate a year you can write of the accelerated depreciation against the money you make as a lawyer.