tag:blogger.com,1999:blog-235304582024-03-13T07:27:54.024-04:00CLEARWATER CRIMINAL DEFENSE ATTORNEY FINDING FLORIDA JUSTICE: (727)365-5555Fighting for the Best Possible Results in Florida Criminal LawAnonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.comBlogger383125tag:blogger.com,1999:blog-23530458.post-62026677648966294022017-10-11T11:48:00.000-04:002017-10-11T11:48:51.236-04:00SETTING OUT TO FIND WHERE I'VE BEEN & LOOK TO BE<span style="font-size: large;">Readers of this Criminal Defense Blog set out to find me. I'd been gone for far too long. One rumor had it that I'd been <a href="http://notguiltyflorida.blogspot.com/search?q=closing+statements">kidnapped by renegade prosecutors</a> then taken to an undisclosed location where I was forced to listen and critique their droning closing arguments over and over which if you think about it is the <a href="http://notguiltyflorida.blogspot.com/2017/02/the-best-life-experience-for-our.html">life experience of our federal judges</a>, no wonder they're so jaded. Yet, if causing boredom in criminal jury trials counts as kidnapping we're all guilty of kidnapping those hapless jurors. </span><br />
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://3.bp.blogspot.com/-DR-14B19vdY/Wd48qkfUI7I/AAAAAAAAAqg/eCs3d_oO_uwh4BlMCDDrtFKw03PE3xIigCK4BGAYYCw/s1600/13%2B-%2B1.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="240" src="https://3.bp.blogspot.com/-DR-14B19vdY/Wd48qkfUI7I/AAAAAAAAAqg/eCs3d_oO_uwh4BlMCDDrtFKw03PE3xIigCK4BGAYYCw/s320/13%2B-%2B1.jpg" width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Life in a wooded hide away.</td></tr>
</tbody></table>
<br />
<span style="font-size: large;">Still others believed that having spent so much time writing about crime while defending those accused of various felonies that I'd used my knowledge of crime to successfully orchestrated a series of undetected criminal acts <a href="http://notguiltyflorida.blogspot.com/2012/12/innocent-man-spends-28-years-in-prison.html">relying on flawed FBI analysis</a> to take hedge fund cash into my swelling Swiss bank accounts. Oh, if only this were true! I'd buy each of you an espresso and as you'd squeeze the lemon and wait for it to cool ask about life in America.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Another wild internet meme had it that I never existed and that this blog you're reading was merely a myth. This one to my mind seemed most likely to be valid. As nothing is as impermanent as a blog except life; each moment gone forever till memory itself dissolves to nothing.</span><br />
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<span style="font-size: large;">Finally a small group of dedicated readers set out to find me. They interviewed friends and members of my family. One said all in all I wasn't so much lost as simply not found. They searched my high school transcripts wondering how I'd gotten into college much less law school. Had there been foul play? Thru careful study of taxes paid and some avoided, clerk of court records and information gleaned from random scattered sand at drunken midnight seances at Clearwater Beach, they began to form a radical opinion - I could be found.</span><br />
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<span style="font-size: large;">And when they came for me they found my small sheltered gazebo in the deep woods overlooking a brook that meanders out to Old Tampa Bay - immersed in beauty, lost in time I listen for the screech owl at the end of day.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-80491134744467936962017-03-22T12:57:00.000-04:002017-03-22T13:07:14.516-04:00SIGNIFICANT VERDICT IN SYNTHETIC MARIJUANA CASE OPENS DOOR TO DEFENSE LAWYERS FOR FUTURE WINS<span style="font-size: large;">A number of over zealously prosecuted synthetic<a href="http://notguiltyflorida.blogspot.com/2016/08/federal-prosecutors-in-florida-pursue.html"> marijuana drug cases</a> brought by the Justice Department based on faulty laboratory and DNA evidence are finally being undermined with expert testimony from the combined efforts of federal defense lawyers around the country. By working together attorneys were able to anticipate the best argument that federal prosecutors would make in trial and effectively rebut them with experts. </span><br />
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<tr><td style="text-align: center;"><a href="http://3.bp.blogspot.com/-ulhPm9hdhCc/WNKrK4wbd8I/AAAAAAAAAps/GzQxo-JLQrAA9QhttfP3rICFII_geVSVgCK4B/s1600/220px-WillyWonkaMoviePoster.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="320" src="https://3.bp.blogspot.com/-ulhPm9hdhCc/WNKrK4wbd8I/AAAAAAAAAps/GzQxo-JLQrAA9QhttfP3rICFII_geVSVgCK4B/s320/220px-WillyWonkaMoviePoster.jpg" width="213" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">A sympathetic<br />
Synthetic Marijuana Producer</td></tr>
</tbody></table>
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Some cases are won at trial, but most victories are the result of very hard work before trial. The defense team in this case looked at over 1,100 federal designer drug cases and logged the accumulated evidence of every <a href="http://notguiltyflorida.blogspot.com/2016/12/dea-agent-sent-to-prison-after.html">DEA agent</a> and expert who testified in those cases. As one would expect our federal government over-reached going well beyond current scientific knowledge and even giving jurors contradictory evidence to win convictions where necessary in many of those cases. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Congratulations to the lawyers for their fine victory and let's thank them for making their trove of information in these cases available to all of us (see below for information on how to access it). Here's a summary from Zay Thompson the lead investigator on the case who also deserves a lot of credit for the two not guilty verdicts in these drug cases based on his hard work.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-family: sans-serif;">On behalf of lead attorney Branden Bell and the rest of the defense team, I am very happy to announce that we won an acquittal for our client
Craig Broombaugh and his co-defendant Terrie Adams who were charged with
one count of Conspiracy to Possess With Intent to Distribute Controlled
Substances and Controlled Substance Analogues and one count of Mail
Fraud. The chemicals in question were synthetic cannabinoids,
substituted cathinones, and miscellaneous designer psychedelics. Both
co-defendants worked for The Outer Edge, a large distributor of these
substances. <br />
<br />
Our client's nightmare began when the DEA raided The Outer Edge in 2012
and intensified when he was indicted in 2014. The prosecutor tried to
pressure him to plead guilty by alleging a user of these products
suffered serious bodily injury (20 year mandatory minimum). All the
other co-defendants pled, including the company co-owners. <br />
<br />
We're sharing this win, not just to celebrate an extremely rare win in
this area of the law, but also to contribute to the body of defense
knowledge in these cases and from which we benefitted. This victory
would not be possible without:</span><span style="font-family: serif;"> </span>
<br />
<ul style="padding-left: 144pt;" type="disc">
<li><span style="font-family: sans-serif;">The fierce defense in the Ilan
Fedida/Timothy Hummel case in Florida that first identified an initial
group of scientists to push back on the DEA science of convenience and
uncovered DEA Chemist Arthur Berrier's dissenting opinion. </span>
</li>
<li><span style="font-family: sans-serif;">The many attempts around the
country to bring in Arthur Berrier to testify that were instructive in
shaping our successful attempt. We intend to move to unseal and order
transcripts of his testimony and that of his supervisor Jeffrey
Comparin.</span><span style="font-family: serif;"> </span>
</li>
<li><span style="font-family: sans-serif;"><b>The folks who got James
Felman and Dr. Gregory Dudley to present "Litigating Synthetic Drug
Cases" at the National Seminar for Federal Defenders in 2014.</b></span><span style="font-family: serif;"><b> </b></span>
</li>
<li><span style="font-family: sans-serif;">The Ira Stockton Daubert
hearing victory in New Mexico that caused our judge to order a second
Daubert hearing so that the DEA scientists could testify (He did not
require the government to bring their scientists to the first hearing so
only our experts testified then). Our judge ruled that the DEA
pharmacologist could only testify about stimulant. hallucinogenic, or
depressant effects on the human central nervous system.</span><span style="font-family: serif;"> </span>
</li>
<li><span style="font-family: sans-serif;">The 10 Circuit opinion in the
Iqbal Makkar case of out of Oklahoma and the Texas District Court ruling
in the Barry Bays case that limited the DEA pharmacologist's use of
scary (but irrelevant) reports of injuries and overdoses as evidence of
these substances' alleged stimulant, depressant, or hallucinogenic
effects. </span>
</li>
<li><span style="font-family: sans-serif;">The Stephen McFadden Supreme
Court opinion and, again, the 10th Circuit Makkar opinion that allowed
us to present the defense that our client was an employee who thought
was he was doing was legal because he was constantly told this by both
his employers and their attorneys.</span><span style="font-family: serif;"> </span>
</li>
<li><span style="font-family: sans-serif;">All of you who have mounted
Daubert challenges, tried to limine out prejudicial Government evidence,
pounded on the DEA & DOJ's bureaucratic brick wall, and slogged
through the difficult work of grasping the science with the experts and
helping them translate that science into lay language, leaving behind a
rich record on PACER. </span></li>
</ul>
<span style="font-family: sans-serif;"><br />
During the course of this case, we've surveyed over 1100 federal
designer drug cases and recorded information like disposition and drugs
& experts involved. This spreadsheet is stored in a Box account
administered by the AO. Also in that account are folders for every DEA
and defense expert we've found associated with these cases. Their
folders hold their reports, transcripts, and motions relevant to them.
It is our hope that the wider defense community can also benefit from
our hours of research, that it can be added to, and that more victories
will occur in this extremely difficult area of federal criminal
defense.. If you would like access to this information or have
information to add, please email </span><a href="mailto:Zay_Thompson@fd.org" rel="noopener noreferrer" target="_blank"><span style="color: blue; font-family: sans-serif;"><u></u></span></a><span style="color: blue; font-family: sans-serif;"><u><a href="mailto:Zay_Thompson@fd.org">Zay_Thompson@fd.org</a></u></span><span style="font-family: sans-serif;"> </span><span style="font-family: serif; font-size: small;"><br /></span><br />
<span style="font-family: sans-serif; font-size: x-small;"><br /></span>
<span style="font-size: large;">By freely giving us an opportunity to use the information accumulated during the defense of their client this excellent federal criminal drug case victory opens the door to future Middle District of Florida victories in federal and state criminal courts and throughout the country. </span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-56940756338611069502017-03-09T16:33:00.002-05:002017-03-09T16:33:50.654-05:00STUNNING NEW MEMO FROM FEDS SETS HIGH FEDERAL ARREST GOALS FOR STATE & LOCAL CRIMINAL CONDUCT<span style="font-size: large;">In a stunning new memorandum from the Justice Department, the Attorney General is directing every federal prosecutor to take criminal cases from state and local authorities so that longer federal sentences can be given. You can expect that state and local crimes will become federalized with ever greater arrests, investigations and imprisonment for more American citizens.</span><br />
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<tr><td style="text-align: center;"><a href="http://3.bp.blogspot.com/-o7FL-TTNkEE/WMHIbEbDYBI/AAAAAAAAApY/isuJxq9_ilEcmMxnND1gcXh8iyCM63nsgCK4B/s1600/Unknown.jpeg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="276" src="https://3.bp.blogspot.com/-o7FL-TTNkEE/WMHIbEbDYBI/AAAAAAAAApY/isuJxq9_ilEcmMxnND1gcXh8iyCM63nsgCK4B/s320/Unknown.jpeg" width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Let's find more people for our overcrowded prisons<br /><i>Portrait of James Ensor,</i> 1907</td></tr>
</tbody></table>
<span style="font-size: large;">The National Sentencing Resource Counsel describes the new policies for making more state crimes into federal arrests in the following way:</span><br />
<blockquote class="tr_bq">
<span class="s1" style="font-size: large;">Directing all US Prosecutors to work with local counterparts to identify those "criminals" in their districts responsible for violent crime, and prosecute them </span><span class="s2" style="font-size: large;">federally</span><span class="s1" style="font-size: large;">, using "all available tools," including 924(c), Hobbs Act, etc., but the drug statutes might work even better (i.e., require higher sentences) to "dismantle" drug organizations, which "can" drive down violent crime. Further guidance, including an "updated memo on charging for </span><span class="s2" style="font-size: large;">all</span><span class="s1" style="font-size: large;"> criminal cases will be forthcoming." There go the previous Attorney General Holder's policies.</span> </blockquote>
<blockquote class="tr_bq">
<br /><span class="s1" style="font-size: large;">The reason for all this? The murder rate has increased by "10.8 percent." </span><br /><span class="s1"><span style="font-size: large;">Actually, the murder rate per 100,000 increased from 4.5 to 4.9 from 2014 to 2015, which is an 8.9 percent increase, concentrated in a few cities like Chicago, Baltimore, St. Louis <i>which </i></span></span><span class="s3"><span style="font-size: large;"><i>incidentally have a history of police abuses (which he is not going to monitor anymore).</i> </span> </span><span class="s1" style="font-size: large;">And, as you know, very few murders are federal crimes. </span> </blockquote>
<blockquote class="tr_bq">
<br /><span class="s1" style="font-size: large;">And, FBI’s UCR reports a 14.6 % decrease in all violent and property crime combined from 2014 to 2015, along with 8.4 % decrease in the imprisonment rate. Pew, <i>National Imprisonment and Crime Rates Continue to Fall</i> at 2 (Dec. 2016).</span></blockquote>
<span style="font-size: large;">I've linked the <a href="https://www.justice.gov/opa/press-release/file/946771/download">complete new memorandum from the Attorney General</a> so the reader can form his or her own conclusions. The goal here is to federalize state criminal conduct with heftier prison sentences and to do it in a systematic way that will result in longer prison terms. Although the memorandum attempts to take cover behind the term "violent criminals" our federal law has presumes that many drug cases are inherently dangerous to society as justification for already absurdly harsh drug sentencing. This memorandum if followed will not take violent criminals off the street so much as purposely ruin more lives by needlessly giving longer federal sentences for many crimes, such as sale or possession of oxycodone, xanax, methamphetamine, heroin, cocaine or marijuana that our not violent crimes.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Our previous Attorney General set lofty goals to arrest, investigate and jail fewer Americans believing that <a href="http://notguiltyflorida.blogspot.com/2013/04/attorney-general-attacks-long-prison.html">two million people imprisoned in the United States was far too many</a>. As part of an ongoing effort to reduce harsh federal sentencing in drug cases the federal government told <a href="http://notguiltyflorida.blogspot.com/2013/08/federal-prosecutors-told-to-no-longer.html">federal prosecutors to no longer enforce federal marijuana laws</a> in states where pot was legalized which led to our hope that Florida's new legalization for medical marijuana would lead to some reduction of federal marijuana trafficking, sale and possession investigations and arrests. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Federal District Judges used their new discretion unchained from the prosecutor's yolk of ever greater demands for harsh sentences by <a href="http://notguiltyflorida.blogspot.com/2014/03/justice-department-lowers-sentences-in.html">granting lower drug sentences</a> not only thru substantial assistance, safety valve applications and defendant co-operation, but through up front guideline level reductions. All of this was good news until this new administration came into office with an agenda that some predicted would create <a href="http://notguiltyflorida.blogspot.com/2017/01/why-pinellas-county-florida-drug.html">many new Florida arrests and investigations</a> not only for drugs but for many other nonviolent crimes. </span><br />
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<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-FVELIsBe_rI/WMBhD0cDPBI/AAAAAAAAApI/22k3zARLitccbev5ANzVR28IzA1DXDT_ACK4B/s1600/Philip_Dawe_%2528attributed%2529%252C_The_Bostonians_Paying_the_Excise-man%252C_or_Tarring_and_Feathering_%25281774%2529_-_02.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="320" src="https://1.bp.blogspot.com/-FVELIsBe_rI/WMBhD0cDPBI/AAAAAAAAApI/22k3zARLitccbev5ANzVR28IzA1DXDT_ACK4B/s320/Philip_Dawe_%2528attributed%2529%252C_The_Bostonians_Paying_the_Excise-man%252C_or_Tarring_and_Feathering_%25281774%2529_-_02.jpg" width="229" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Supreme Court Judges <br />Stoking Public Hysteria & Mob Rule </td></tr>
</tbody></table>
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">The Supreme Court was looking for ways to justify harsh sentencing in these often tragic sex battery cases and <a href="http://notguiltyflorida.blogspot.com/2013/05/did-fbi-entrap-americans-by.html">child pornography cases</a> because at the time they were high profile criminal acts engulfed with significant public hysteria. Rather than serve as a bulwark against the mob's rush for brutal, harsh and unfair sentencing our Supreme Court yielded to the rabble's ugliest desires by framing its ruling with unproven, non-scientific evidence. Justification for severe sentences in these cases as in other cases must be found from more than the mere charged offense, but as in other crimes no matter how heinous based on the collisions of facts, circumstances, defendant's prior record, possibilities for defendant rehabilitation and </span><span style="font-size: large;">victim input</span><span style="font-size: large;"> for each individual case. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">A</span><span style="font-size: large;">ll too often in these sexual offender cases there's actually less evidence needed to win convictions because of the nature of the case such as proving </span><a href="http://notguiltyflorida.blogspot.com/2012/11/the-government-pursues-child.html"><span style="font-size: large;">child pornography without proof of outlawed images</span></a><span style="font-size: large;">. </span><span style="font-size: large;">Yet this court joined the mob mentality. And like a mob's base decision to act first and act fast with fact to be found later, the Supreme Court's sentencing justification weakens with time. American courts and American law should never bend to the public's changing moods. As the morality of our culture further deteriorates will our Supreme Court simply hobble with the crowd on important issues of sentencing fairness by giving tough sentences when the crowd screams for more and light ones as the crowd no longer cares?</span><br />
<br />
<span style="font-size: large;">The Supreme Court and the other courts that followed need to come clean and correct the myth of sex offender recidivism that they falsely helped create and perpetuate. </span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-68476812332883730082017-03-06T15:00:00.001-05:002017-03-06T15:00:55.644-05:00HOW FELONY & MISDEMEANOR CRIMINAL CHARGES ARE DISMISSED WITH A PRETRIAL INTERVENTION PROGRAM<span style="font-size: large;">The best resolution of any criminal case is for the charges to be dismissed. This can happen in any number of ways but one of the easiest for any defendant who does not want to have a criminal record is to enter and then successfully complete a pretrial intervention program. This program is only available in Florida for state arrests. Unfortunately there is <a href="http://notguiltyflorida.blogspot.com/2013/05/why-federal-courts-must-embrace.html">no pretrial intervention program for federal criminal arrests</a> that occur in Florida.</span><br />
<br />
<span style="font-size: large;">The program is not offered on every felony or misdemeanor, but in many cases it may be an effective way to get a case dismissed with prejudice (meaning that the State Attorney's Office may not refile the case against the Defendant any time in the future). In the <a href="http://notguiltyflorida.blogspot.com/2013/10/the-five-best-effective-ways-to-have.html">five most effective ways to have criminal charges dismissed in Florida</a> I gave the following account of the program:</span><br />
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<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-EhrIXcHr3F4/WL2-1ciklMI/AAAAAAAAAo4/AA2hn-dgwl0ZK54PQKTF7x1-jAS7XvmmACK4B/s1600/220px-Jail_Movie_Poster.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" src="https://1.bp.blogspot.com/-EhrIXcHr3F4/WL2-1ciklMI/AAAAAAAAAo4/AA2hn-dgwl0ZK54PQKTF7x1-jAS7XvmmACK4B/s400/220px-Jail_Movie_Poster.jpg" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Pretrial Intervention Program:<br />Charge is Dismissed with no Jail</td></tr>
</tbody></table>
<blockquote class="tr_bq">
<span class="s1"><span style="font-size: large;"><b>A defendant with no criminal record charged with a crime may under certain conditions enter a special Pretrial Intervention Program u</b><b>pon the completion of which the case will be dismissed. The program entails a period of something similar to probation for six months to a year depending on whether the charge was a misdemeanor or felony.</b></span></span></blockquote>
<blockquote class="tr_bq">
<span class="s1"><span style="font-size: large;"><b> Although in Florida this program is under the supervision of the State Attorney's Office, the prosecutors will ask the presiding Judge to dismiss criminal charges against those who successfully complete the program. There are also similar special programs for select crimes such as drug crimes or domestic battery charges as well as well as the recently added special courts for veterans in some counties in Florida.</b></span></span></blockquote>
<span style="font-size: large;">Getting into the program requires the Defendant to fill out an application honestly stating his or her previous arrest record and convictions. The state attorney's office will run the a criminal background check so being forthright about any convictions or arrests is important since the program is open for first time offenders only. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Further, the investigating officer as well as the victim must agree to allowing the Defendant to be in the program. Typically the program also includes special conditions for each type of crime. For example, in a <a href="http://notguiltyflorida.blogspot.com/search?q=spouse+battery">domestic battery criminal case</a> completing an anger management course will be required; whereas in a <a href="http://notguiltyflorida.blogspot.com/2014/05/avoiding-prison-sentences-in-grand.html">grand theft</a> or worthless check case proof of the completion of an accounting course may be needed. Often a letter of apology must be written.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">The purpose of the program is to allow non-repeat offenders who are basically good people to avoid a debilitating criminal conviction that could permanently affect their reputations in the community, their ability to hold down a job or feed their families.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-48335437565059242262017-03-01T16:14:00.001-05:002017-03-01T16:14:48.031-05:00FLORIDA MAY REQUIRE POLICE TO RECORD LAW ENFORCEMENT INTERROGATIONS ON ALL FELONIES<span style="font-size: large;">Right now in Florida when a law enforcement officer faces an internal disciplinary investigation or hearing he has the right to demand that the entire hearing be recorded. Yet that same officer while investigating a possible crime need not record any interrogations with a criminal suspect. Kind of interesting that officers value their own rights when their jobs may be at stake more than the rights of Floridians one reason why <a href="http://notguiltyflorida.blogspot.com/2013/11/five-important-rules-to-remember-when.html">as a rule a suspect should not make a statement to police investigating a crime</a>.</span><br />
<span style="font-size: large;"><br /></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-Gwgojhh7bEg/WLc4Aw6sICI/AAAAAAAAAoo/jo0Ay4OANt8ewhLCezqlGtNxtsz_c0H3gCK4B/s1600/220px-Abbeyroadtomswain.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="213" src="https://1.bp.blogspot.com/-Gwgojhh7bEg/WLc4Aw6sICI/AAAAAAAAAoo/jo0Ay4OANt8ewhLCezqlGtNxtsz_c0H3gCK4B/s320/220px-Abbeyroadtomswain.jpg" width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">ABBEY ROAD STUDIO<br />FOR TIMELESS INTERROGATIONS</td></tr>
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<span style="font-size: large;">Let's get something straight all interrogations and interviews between law enforcement officers and anyone under investigation should be recorded. Only officers who intentionally want to hide evidence would ever fail to record conversations. Instead of recordings what we often get in Florida criminal courtrooms is a travesty of justice. An officer testifies to what he or she remembers a defendant may have said months earlier without any verification. It's not unusual for officers to give conflicting reasons as to why no recordings of interview are made.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Officers say they don't want to intimidate a defendant with a recording device though the fact that the officer is armed and may be intimidating with his firearm is apparently fine. Officers habitually state that there was no need to record a defendant's statement <i>since another officer </i>was in the room taking notes, the bias of that officer unquestionable. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Officers contend that no recordings are needed because they have no reason to lie about what the defendant says when in fact officers are often biased and have even been proven to have perjured themselves while testifying. One former <a href="http://notguiltyflorida.blogspot.com/2016/12/dea-agent-sent-to-prison-after.html">DEA agent was even sent to prison after demanding $700,000 from the family of a drug trafficker</a> he'd arrested. Would his statements as to admissions in interrogations from the drug trafficker be unbiased, fair and impartial?</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">But officers don't like us to know the truth. And one of those truths is that in our flawed Florida criminal justice system <a href="http://notguiltyflorida.blogspot.com/2014/03/cops-should-stop-obtaining-false.html">cops often obtain false confessions by telling lies and giving false information</a> during interrogations. And that law enforcement <a href="http://notguiltyflorida.blogspot.com/2013/01/must-law-enforcement-officers-always.html">officers do not have to tell the truth </a>when questioning suspects about a crime. By allowing these base prevarications </span><span style="font-size: large;">judges and prosecutors shouldn't be surprised when other lies leak into the system to the point that confessions can't be relied on unless they're recorded.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Clearly, recording the complete and unedited conversations of investigating law enforcement officers not only keeps the officers honest but presents an accurate portrayal of what happened during the interrogation and why it happened. It also makes the case stronger against the defendant if it's clear that any statements made were made freely and voluntarily.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Although Florida lawmakers may soon change the law to require police in felony cases to record all interviews with Defendants, it's not enough to protect the rights of Floridians. Clearly all suspects for any criminal activity felony or misdemeanor should be recorded for timeless evidence of what was said. But take a defense lawyer's advice and remember that <a href="http://notguiltyflorida.blogspot.com/2012/08/what-must-i-do-when-florida-police-stop.html">you don't need to ever make a statement to an officer</a>.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-47520294530064008272017-02-28T17:20:00.001-05:002017-02-28T17:20:32.979-05:00HOW FEDERAL SAFETY VALVE CAN VOID A MANDATORY MINIMUM SENTENCE EVEN AFTER A FEDERAL TRIAL<span style="font-size: large;">One of the few ways to avoid a <a href="http://notguiltyflorida.blogspot.com/2017/02/push-to-reduce-floridas-minimum.html">mandatory minimum sentences in nonviolent federal drug cases</a> is by invoking the safety valve provision. The safety valve is useful way for any defendant to avoid a harsh sentence under the federal sentencing guidelines if he does not have any prior criminal convictions and if he fulfills an obligation to be debriefed by the DEA or FBI before he is sentenced.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Recently a Florida federal criminal defense attorney sent the following email:</span><br />
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<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-s2unS4VfQRc/WLX3A3NaGhI/AAAAAAAAAoY/iOdDiiglFHwU2Y52BxFLm5Zeru8Nwa4GQCK4B/s1600/300px-USN_sailor_operates_fuel_valve_%25C2%25B7_070115-N-9479M-004.JPEG" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" src="https://1.bp.blogspot.com/-s2unS4VfQRc/WLX3A3NaGhI/AAAAAAAAAoY/iOdDiiglFHwU2Y52BxFLm5Zeru8Nwa4GQCK4B/s400/300px-USN_sailor_operates_fuel_valve_%25C2%25B7_070115-N-9479M-004.JPEG" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Federal Judge slowly opens Safety Valve</td></tr>
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<blockquote class="tr_bq">
<span class="s1"><span style="font-size: large;">What do I need to do to make certain of getting <a href="http://notguiltyflorida.blogspot.com/2012/05/defendants-in-drug-vessels-brought-to.html">safety valve</a> after a trial? </span></span> <span style="font-size: large;">I have a drug conspiracy trial set and my client is safety valve eligible, I want to make sure I don't do anything to invalidate his eligibility at jury trial so that if we lose the trafficking in cocaine case the judge will still not sentence my client to the mandatory minimum prison term.</span></blockquote>
<span style="font-size: large;">Other than making sure the jury does not convict his client what should he do to make sure that his client's eligibility for the safety valve is not compromised.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Under the Federal Sentencing Guidelines section 5C1.2 and federal caselaw the defendant must provide <i>full and truthful disclosure </i>no later than the time of sentencing. </span><br />
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<span class="s1"><span style="font-size: large;">Not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant had concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.</span></span></div>
</blockquote>
<span style="font-size: large;">Usually sentencing after a federal conviction at trial will occur about three months later unless there are good reasons for the District Judge to continue the sentencing. Sometimes the government agents and federal prosecutors involved with the case will make it difficult to schedule the debriefing meeting possibly because they're miffed that the defendant chose to exercise his right to a jury trial. If that's the case a motion should be filed with the judge asking that the court order the agents to attend the defendant's proffer at a set time and date under threat of being held in contempt. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">But is a mere proffer completed before sentencing enough? No, it isn't. To get the safety valve provision the sentencing guidelines clearly call for the defendant to come clean in a complete and truthful way in the proffer to persuade the sentencing judge that the defendant has been honest. (see <a href="http://www.freelawreporter.org/flr3d/f3d/204/204.F3d.1302.98-2106.html"><u>US v. Brownlee</u>, 204 F.3d 1302</a>)</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">We live in an era of prison over-incarceration because <a href="http://notguiltyflorida.blogspot.com/2013/04/will-new-law-give-federal-judges.html">federal and state judges no longer have sentencing discretion in nonviolent drug crimes</a>. Anytime the safety valve can be used to avoid a mandatory minimum the judge becomes a free agent who can finally give a much fairer sentence to the defendant.</span><br />
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<span style="font-size: large;"><br /></span>
<br />
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://2.bp.blogspot.com/-umita16pTGc/WLCWGRHWQFI/AAAAAAAAAn0/5b7AECSDjngA0jeX61Up9Dk6vvfzj5VywCK4B/s1600/170px-William_Ballantine_Vanity_Fair_5_March_1870_%2528crop%2529.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" height="320" src="https://2.bp.blogspot.com/-umita16pTGc/WLCWGRHWQFI/AAAAAAAAAn0/5b7AECSDjngA0jeX61Up9Dk6vvfzj5VywCK4B/s320/170px-William_Ballantine_Vanity_Fair_5_March_1870_%2528crop%2529.jpg" title="Judge in judicial robe & wig, caricature by SPY from 1890" width="200" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">More Discretion well fits your<br />
Favorite Judge</td></tr>
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<span style="font-size: large;">Possession of only a small amount of any of these drugs can trigger a minimum mandatory term of many years imprisonment ruining the lives of not only the defendant, but his family, friends and loved ones. </span><span style="font-size: large;">Drug charges are inherently <a href="http://notguiltyflorida.blogspot.com/2016/04/why-nonviolent-felonies-misdemeanors-in.html">nonviolent felonies that should not result in arrest or jail sentences</a>. Even cases that involve the sale of drugs should not result in long prison sentences. Yet in Florida sale or possession of even the <a href="http://notguiltyflorida.blogspot.com/2016/08/why-are-small-quantities-of-drugs-still.html">smallest quantities of illicit drugs</a> can require <a href="http://notguiltyflorida.blogspot.com/2013/03/how-to-avoid-harsh-punishment-for.html">judges to give harsh punishment</a> of years of prison.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Recently a group of conservative and liberal Florida lawmakers unanimously agreed to send a prison diversion bill out of committee for a vote in the Senate. The goal of the bill is to end minimum mandatory sentences in Florida for nonviolent offenses and to give <a href="http://notguiltyflorida.blogspot.com/2013/07/finding-best-ways-to-avoid-guideline.html">Florida judges the discretion they need to create fair sentences with better sentencing options</a>.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">As citizens we need to make our representatives understand that we want all of these state and federal unfair minimum mandatory sentencing laws changed. Nonviolent people our spending too much time needlessly imprisoned in Florida and throughout our country to the point that <a href="http://notguiltyflorida.blogspot.com/2016/05/federal-prisons-wrongly-hold-thousands.html">federal prisons wrongly hold thousands of prisoners beyond their release dates</a>.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-39791817510553950122017-02-23T11:51:00.000-05:002017-02-23T11:51:55.699-05:00ONLY 1/4TH OF ALL FEDERAL DRUG TRAFFICKERS ARE REINCARCERATED AFTER SERVING THEIR PRISON TIME<span style="font-size: large;">Despite attempts to <a href="http://notguiltyflorida.blogspot.com/2017/02/federal-judge-looks-at-bias-and-his.html">overlook bias for the goal of fair sentencing</a> at least one federal judge has confessed to <a href="http://notguiltyflorida.blogspot.com/2017/02/federal-judge-confesses-to-sentencing.html">over-sentencing defendants to hundreds of years in prison</a>. Most of the over-sentencing results from federal crimes where minimum mandatory sentences are applicable. Many of those crimes are drug related. The crimes are broken down by substance such as trafficking and conspiracy to traffick in marijuana, heroin, cocaine (powder versus crack) or methamphetamine. </span><div>
<span style="font-size: large;"><br /></span><div>
<div>
<span style="font-size: large;">A new study </span><span style="font-size: large;">by the sentencing commission</span><span style="font-size: large;"> </span><span style="font-size: large;">on <a href="http://www.ussc.gov/research/research-publications/recidivism-among-federal-drug-trafficking-offenders">recidivism rates among federal drug trafficking offenders</a> offers plenty of evidence that the sentences given by judges in these crimes is far too harsh. </span></div>
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<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-5xvgPRuoKK0/WK8Rx5XQBtI/AAAAAAAAAnM/mwcBUtErQPkugZ6q_6Pu7mWos_BC4jtywCK4B/s1600/220px-Bayer_Heroin_bottle.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="320" src="https://1.bp.blogspot.com/-5xvgPRuoKK0/WK8Rx5XQBtI/AAAAAAAAAnM/mwcBUtErQPkugZ6q_6Pu7mWos_BC4jtywCK4B/s320/220px-Bayer_Heroin_bottle.jpg" width="218" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Bayer Bottle of Heroin<br />Cough Suppressant, 1910<br /></td></tr>
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<div>
<span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2011/09/using-sentencing-commission-review.html">Sentencing commission reviews</a> are useful and important studies to leverage unique sentencing arguments. Here are some important facts found by the sentencing commission that lend support to arguments that the minimum mandatory prison terms set by federal statute for these crimes are far too harsh. These facts may also be used for <a href="http://notguiltyflorida.blogspot.com/2016/11/exposure-to-violence-as-child-for.html">mitigation arguments at sentencing</a> to secure a below guidelines sentence if the federal guidelines call for a prison term above the minimum mandatory threshold. </span></div>
<div>
<span style="font-size: large;"><br /></span></div>
<div>
<span style="font-size: large;">First, the reincarceration rate for federal drug traffickers is only 23.4% while just over half were rearrested for a crime. The most serious crime most likely to be arrested for was only a misdemeanor assault.</span></div>
<div>
<span style="font-size: large;"><br /></span></div>
<div>
<span style="font-size: large;">Second, those who did commit another crime after being released from federal prison did so at a median time of 25 months from release. This is a good argument for less actual imprisonment but more supervision upon release.</span></div>
<div>
<span style="font-size: large;"><br /></span></div>
<div>
<span style="font-size: large;">Third, age of the defendant is an important factor in risk of future crime. The older the defendant is at the time of release the less likely it is that he'll be arrested again.</span></div>
<div>
<span style="font-size: large;"><br /></span></div>
<div>
<span style="font-size: large;">Fourth, other than the age of a defendant the criminal history score is the most likely indicator of recidivism. This makes sense since the prior criminal acts of the defendant would tend to establish greater risk of association with future criminal activity.</span></div>
<div>
<span style="font-size: large;"><br /></span></div>
<div>
<span style="font-size: large;">The question of recidivism goes directly to a key issue in fair sentencing of whether the defendant has some likely <a href="http://notguiltyflorida.blogspot.com/2012/08/new-study-shows-genetic-triggers-may.html">predisposition to commit another crime</a> after conviction and release from prison. The facts found in the new report can be useful in making arguments for reduction of sentences.</span></div>
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Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-11573662758131167672017-02-22T15:57:00.002-05:002017-02-22T15:57:43.840-05:00FEDERAL JUDGE LOOKS AT BIAS AND HIS GOAL OF FAIR SENTENCING AFTER DEFENDANT ALMOST SHOOTS HIM<span style="font-size: large;">Recently we looked at the musings of a retired federal judge who confessed that she <a href="http://notguiltyflorida.blogspot.com/2017/02/federal-judge-confesses-to-sentencing.html">over-sentenced defendants to hundreds of years in prison</a>. Now let's look at how a Federal District Judge in Florida confronts his task of fair sentencing in a Duke Law School PDF, <i><a href="https://law.duke.edu/sites/default/files/centers/judicialstudies/judicature/vol100no3judicature-sentencing.pdf">Who appointed me God?</a>. </i></span><br />
<span style="font-size: large;"><i><br /></i></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-NZV8UEP5fZg/WK36hvdXxKI/AAAAAAAAAm0/dNB5RWsLRWUD7ZwrpdKDqfCKH60HA4FxgCK4B/s1600/170px-Sir_Winston_Leonard_Spencer_Churchill_by_Ambrose_McEvoy.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" src="https://1.bp.blogspot.com/-NZV8UEP5fZg/WK36hvdXxKI/AAAAAAAAAm0/dNB5RWsLRWUD7ZwrpdKDqfCKH60HA4FxgCK4B/s400/170px-Sir_Winston_Leonard_Spencer_Churchill_by_Ambrose_McEvoy.jpg" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Missing Winston Churchill<br /></td></tr>
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<span style="font-size: large;">His goal of fair sentencing was made more difficult at least in regard to possible bias after a defendant he'd recently sentenced shot at him while the judge was sitting at home in his favorite chair with his wife a few feet away. Though the bullet missed, the judge could not quite stomach Winston Churchill's belief that "<i>Nothing in life is so exhilarating as to be shot at without result</i>."</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">While looking at his own possible bias he notes that his staff believes he seems to give <a href="http://notguiltyflorida.blogspot.com/2013/03/male-jurors-judge-overweight-female.html">female defendants</a> more lenient sentences. He justifies this by noting that unlike most male defendants the women often represent the sole support for children and other dependants. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">In looking for a just punishment he examines the inherent conflicts that arise with giving <a href="http://notguiltyflorida.blogspot.com/2014/04/how-federal-prisoners-may-gain.html">cooperators substantial assistance </a>and the fact that prosecutors too often control the process since the judge can not give credit for cooperation unless the federal prosecutor files a motion for substantial assistance. Further, the judge notes that he tries to avoid <a href="http://notguiltyflorida.blogspot.com/2013/07/how-violent-mob-boss-got-his-two.html">randomness in sentencing</a> so cases are consistently sentenced over a wide range of factual situations. This of course is possible only in cases that do not happen to trigger the 145 federal crimes that have federal minimum mandatory sentences.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">And there lies the difference between an honest retired judge bemoaning her forced needless over-sentencing of hundreds of years and a sitting judge who blindly believes federal cases where he has actual sentencing discretion make up for all the ones where he has none. When he can truly make a difference for good in the lives of defendants, defendant's families and for victims, he does, and that's commendable. Yet it's troubling that he doesn't spend any time acknowledging the truth that for 145 federal crimes that trigger harsh minimum mandatory sentences he's just another voiceless cog within our corrupting criminal justice system justified and given authority by the false pretense that our <a href="http://notguiltyflorida.blogspot.com/2013/04/will-new-law-give-federal-judges.html">federal judges have sentencing discretion</a>.</span><br />
<span style="font-size: large;"><br /></span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-71690698762816746302017-02-21T15:22:00.000-05:002017-02-21T15:52:21.416-05:00FEDERAL JUDGE CONFESSES TO OVER-SENTENCING DEFENDANTS TO HUNDREDS OF YEARS OF PRISON<span style="font-size: large;">In a searing article a federal judge confesses to <a href="https://www.washingtonpost.com/posteverything/wp/2017/02/17/i-sentenced-criminals-to-hundreds-more-years-than-i-wanted-to-i-had-no-choice/?hpid=hp_no-name_opinion-card-e%3Ahomepage%2Fstory&utm_term=.c1cabcb34001">sentencing defendants to hundreds of years more than she wanted to because she had no choice</a> due to the <a href="http://notguiltyflorida.blogspot.com/2015/02/how-to-stop-judges-from-giving.html">power of federal prosecutors in sentencing </a>and the necessity of giving minimum mandatory sentencing for the <a href="http://famm.org/wp-content/uploads/2013/08/Chart-All-Fed-MMs-NW.pdf">145 federal crimes</a> that require it. She also notes that the United States with less than five percent of the world's population incarcerates twentyfive percent of the prisoners in the world. She could also have mentioned some of the obvious unfairness in our sentencing including the fact that <a href="http://notguiltyflorida.blogspot.com/2011/09/rates-of-drug-use-for-whites-blacks-are.html">although rates of drug use for whites and blacks in America are the same blacks are ten times as likely to go to prison</a> as whites.</span><br />
<span style="font-size: large;"><br /></span>
<br />
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://3.bp.blogspot.com/-gM047h5usOM/WKygyV__ehI/AAAAAAAAAmE/CBT4qazuMuAX3mrcIFwgNNX7wSRA3iPkACK4B/s1600/220px-Kathmandu-05-1.JPG" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" src="https://3.bp.blogspot.com/-gM047h5usOM/WKygyV__ehI/AAAAAAAAAmE/CBT4qazuMuAX3mrcIFwgNNX7wSRA3iPkACK4B/s400/220px-Kathmandu-05-1.JPG" title="ancient lock to a temple" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Finding the<br />
<a href="https://www.blogger.com/blogger.g?blogID=23530458" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"></a>Key to Fair Sentencing</td></tr>
</tbody></table>
<span style="font-size: large;">After noting that sentencing factors should focus on the four elastic and at times conflicting sentencing goals of retribution, confinement, deterrence and rehabilitation. </span><br />
<span style="font-size: large;">Yet she often had only one sentencing tool at her disposal, the authority to confine and punish federal defendants with long minimum mandatory prison terms.</span><br />
<span style="font-size: large;"><br /></span>
<blockquote class="tr_bq">
<span style="font-size: large;"><span class="s1">... I was often prohibited from assessing a defendant’s history, personal characteristics or role in the offense. In sentencing, where judgment should matter most, I could not exercise my judgment. I felt more like <a href="http://notguiltyflorida.blogspot.com/2015/12/how-that-fool-judge-holder-aims-for.html">a computer than a judge.</a> And I was not alone.</span></span> </blockquote>
<blockquote class="tr_bq">
<span style="font-size: large;"><span class="s1">Over the years, many of my colleagues on the federal bench felt the same frustrations.</span></span> </blockquote>
<blockquote class="tr_bq">
<span style="font-size: large;"><span class="s1"></span><span class="s1">This problem upset me as soon as I was appointed in 1994. Mandatory minimums were almost always excessive, and they made me feel unethical, even dirty. After seven years, my patience had run thin and my conscience was troubled; I began to consider resigning. I sought the advice of a revered mentor, a federal judge with more than 30 years of experience. He pointed out that quitting would serve nobody, as another judge would be required to impose identical sentences anyway. He also said that if I left, the bench would lose a judge who could advocate for criminal justice reform through her decisions.</span></span> </blockquote>
<blockquote class="tr_bq">
<span style="font-size: large;"><span class="s1">So I remained. But to this day, I am pained by many of the sentences I was required by law to impose. While I bore the title “Honorable Judge,” I felt less than honorable and more like a complicit tool of an <a href="http://notguiltyflorida.blogspot.com/2012/12/new-study-shows-judges-give-unfair.html">unjust system</a>.</span></span></blockquote>
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<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Here is a federal judge who clearly cares about the people she is sentencing <a href="http://notguiltyflorida.blogspot.com/2015/02/judges-death-marks-end-of-era-before.html">as judges often did in the era before unfair minimum mandatory sentences</a>. Today it's much easier to simply give harsh sentences than to give fair sentences. Every judge knows that it's much less likely that a federal appeals court especially in the eleventh circuit will overturn an overly harsh sentence than a fair one. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">It's interesting and sad that this judge saw herself as little more than a computer or an adding machine for calculating the hundreds of years in prison others must serve. And somehow especially disheartening that her conscience only awoke to make her public attack on harsh federal sentencing after she'd safely retired. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">For judges still working, I ask you, where are you? Where are <i>your </i>voices. Why aren't <i>you speaking out</i> against the injustices that take place in your courtrooms every day? </span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-29538408861869417542017-02-15T17:00:00.000-05:002017-02-15T17:00:04.788-05:00THE SENTENCING GUIDELINE RANGE SHOULD ONLY BE ONE FACTOR USED FOR FAIR SENTENCING IN FLORIDA<span style="font-size: large;">Finding the appropriate sentencing guideline range is one of the most important factors in sentencing since judges and prosecutors use the guidelines as a base point for sentencing. When the sentencing guidelines call for prison time it's very important for to find the <a href="http://notguiltyflorida.blogspot.com/2013/07/finding-best-ways-to-avoid-guideline.html">best ways to avoid the implications of the guideline range</a> so the judge has better sentencing options. Within the state and federal sentencing guidelines systems prosecutors often have far more power than judges in determining the final outcome of sentencing so judges must be stopped from <a href="http://notguiltyflorida.blogspot.com/2015/02/how-to-stop-judges-from-giving.html">giving prosecutors preference in sentencing</a> to achieve the best results for defendants.</span><br />
<span style="font-size: large;"><br /></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://2.bp.blogspot.com/-1swLlDFZgGk/WKTNKenGWOI/AAAAAAAAAlI/4XJpsP7JfDsCatOOZlWxc4GV3MPf9FQxQCK4B/s1600/Johannes_Vermeer_-_Woman_Holding_a_Balance_-_Google_Art_Project.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img border="0" height="320" src="https://2.bp.blogspot.com/-1swLlDFZgGk/WKTNKenGWOI/AAAAAAAAAlI/4XJpsP7JfDsCatOOZlWxc4GV3MPf9FQxQCK4B/s320/Johannes_Vermeer_-_Woman_Holding_a_Balance_-_Google_Art_Project.jpg" width="283" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Weighing the real costs of prison.<br />Vermeer, <i>Woman Holding a Balance</i></td></tr>
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<span style="font-size: large;">The most important factor in sentencing other than the application of the sentencing guidelines is persuading the <a href="http://notguiltyflorida.blogspot.com/2013/06/are-judges-human-possibly-so-but-how.html">judge who may be human</a> that you're a person and not just a case number and that just maybe you're a human too. Let's face it judges see the worst of humanity in their courtrooms every day. Imagine spending hour after hour listening to lawyers constantly arguing and belittling each other. It'd make anyone less inclined to be sympathetic. And it would be difficult to actually listen for mitigating factors in sentencing thru the fog of arguments.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Ultimately the goal of the process for some judges seems to be simply to harshly punish rather than to find the best remedy for whatever caused the criminal allegation in the first place. For a defense lawyer the driving force of presentations to the judge should be to read the judge's mind to find the <a href="http://notguiltyflorida.blogspot.com/2013/03/reading-your-judges-mind-probation.html">best arguments for a non-prison sentence of probation, house arrest or work release</a>. For most cases within the criminal justice system a prison only ruins the lives of the offender and his family and does nothing to help rehabilitate him. Is jail really necessary for a drug crime such as possession of cocaine or for a crime against property such as grand theft? What are the real costs of sending someone to prison?</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Does the judge consider that the defendant will lose his job? Does the judge know that the family will lose their home? Does the judge understand that the children will no longer have a parent? Therefore it's necessary for the criminal defense attorney to touch the very heart of the sentencing judge so that he fully comprehends all of the dire consequences a sentence of prison will mean in balancing for a fair decision. So often in criminal law we see the results of a harsh sentencing is far worse than the very crime being answered.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-52148533731715325672017-02-13T17:16:00.001-05:002017-02-13T17:21:09.851-05:00HOW CAN THE NATIONAL SECURITY ADVISER AVOID A FEDERAL CRIMINAL INDICTMENT: DON'T LIE TO THE FBI <span style="font-size: large;">The dead of night. My phone rings. No less than a beleaguered</span><span style="font-size: large;"> Michael Flynn seeking advice again. For his sake I don't answer. These calls I've learned may be recorded who knows by whom or why.</span><br />
<span style="font-size: large;"><br /></span>
<br />
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://2.bp.blogspot.com/-IU1cQjbn3jg/WKItXJnlHXI/AAAAAAAAAk0/DguFkpug6v4ISUeAVKcUdEi7PvL6poxtgCK4B/s1600/275px-Telegraf.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" src="https://2.bp.blogspot.com/-IU1cQjbn3jg/WKItXJnlHXI/AAAAAAAAAk0/DguFkpug6v4ISUeAVKcUdEi7PvL6poxtgCK4B/s400/275px-Telegraf.jpg" title="TELEGRAPH FROM EARLY AMERICA" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Speaking to the Ambassador</td></tr>
</tbody></table>
<span style="font-size: large;">Before we explore whether or not our new National Security Adviser has broken federal laws we can certainly agree that like the boss he serves, he is not competent. Only i</span><span style="font-size: large;">n Washington for a few weeks and he's </span><span style="font-size: large;">already under threat of </span><span style="font-size: large;">criminal prosecution under the Hood Act for undermining the foreign policy of the former administration in recorded calls to a foreign power's ambassador. It will depend on the recordings themselves as to whether his actions rise to the level of a crime. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">But the FBI investigates in mysterious ways. If they can't pin a criminal case based on the facts the most effective way to force a guilty plea to a federal crime under federal law is merely to establish that the defendant lied to the FBI. </span><span style="font-size: large;">In fact the real threat from federal prosecution comes if he told the investigating FBI agents the same lies he told to the Vice President</span><span style="font-size: large;">. If so, recent history of FBI investigations should give the National Security Adviser cause to make ever more late night calls to federal criminal defense lawyers in need of sleep.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">The <a href="http://notguiltyflorida.blogspot.com/search?q=lying+to+the+fbi">FBI's treatment of former House Speaker Hastert</a> in a hush money case was unjust because they used his lies to the FBI about why he went over the $10,000 banking withdrawal limits to force a leveraged federal criminal plea to effectively punish his admittedly disgusting but unprosecutable sexual abuse of children which at the time allegedly committed was not even a federal crime. Martha Stewart was also undone not so much for the underlying allegations of stock manipulations the FBI suspected but couldn't prove but for being caught in not being honest to the FBI.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Here's what I wrote about the Hastert case at the time:</span><br />
<blockquote class="tr_bq">
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<span class="s1"><b>He stated that he didn't trust the banking system when in truth he was paying hush money. So what does the FBI do? Rather than investigate the possible blackmail Hastert was subjected to, it pulled out the infamous Martha Stewart option of charging federal felonies for not being honest with FBI agents. When one ponders the Stalinist aspect of these statutes how can one help but think they are un-American.</b></span></div>
</blockquote>
<span style="font-size: large;">My problem here is with the federal criminal law. It simply should not be a crime to lie to FBI agents. It gives them too much power. If anything our criminal justice system actually provides <a href="http://notguiltyflorida.blogspot.com/2013/02/what-incentives-do-law-enforcement.html">incentives for law enforcement officers to commit perjury</a> and <a href="http://notguiltyflorida.blogspot.com/2013/07/officers-who-lie-in-police-reports-or.html">those officers who do lie in official reports or under oath should be disciplined and prosecuted but often aren't.</a> And it clearly gives them the ability to leverage that power in such a way as to force guilty pleas in cases where there is insufficient evidence to win a conviction on the actual criminal act under investigation. </span><br />
<span style="font-size: large;"><br /></span>
Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-19475964599299727562017-02-10T16:15:00.000-05:002017-02-10T16:15:41.114-05:00THE FEDERAL CRIME OF MAKING THREATS AGAINST THE PRESIDENT COULD GET YOU ARRESTED & CONVICTED<span style="font-size: large;">One of the surest and quickest ways to meet a friendly FBI agent is to threaten the President of the United States. Whatever one may think of the president, his policies or his administration, the office of the president is protected by <a href="http://notguiltyflorida.com/federal-crimes/">federal criminal law</a>. </span><br />
<span style="font-size: large;"><br /></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; margin-left: 1em; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-l06PdXrE92k/WJ4rYqiWq1I/AAAAAAAAAkU/9Lyoa5NuRqMv3P1NxGfPjA5885kqQKzGQCK4B/s1600/400px-Nighthawks_by_Edward_Hopper_1942.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" height="174" src="https://1.bp.blogspot.com/-l06PdXrE92k/WJ4rYqiWq1I/AAAAAAAAAkU/9Lyoa5NuRqMv3P1NxGfPjA5885kqQKzGQCK4B/s320/400px-Nighthawks_by_Edward_Hopper_1942.jpg" title="Nighthawks painting by Hopper" width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Threaten Roosevelt again & you're out of here!<br /><i>Nighthawks, </i>Edward<i> </i>Hopper, 1942</td></tr>
</tbody></table>
<span style="font-size: large;">Any threats made against a sitting president will be taken seriously by federal law enforcement officers, investigated fully and may result in an arrest or a presentation to a <a href="http://notguiltyflorida.blogspot.com/2017/02/taking-immediate-action-after-federal.html">federal grand jury for an indictment</a>. </span><span style="font-size: large;">The law is laid out at 18 U.S.C. Section 871(a) and basicly establishes that to prove an allegation of threats against the president the government must show the following:</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">1. The defendant intentionally threatened to kill, injure, kidnap or harm the President of the United States or harm another officer next in order of succession to the presidency.</span><br />
<span style="font-size: large;">2. The defendant meant the words to be a real threat.</span><br />
<span style="font-size: large;">3. The threat was either written or spoken. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Just proving the making of a threat is the sum of the crime since there's nothing in the statute that requires the government to prove that the defendant had at the time the treat was made any real ability, intention or plan to actually pursue a conspiracy to kill, injure, kidnap or harm the President with or without <a href="http://notguiltyflorida.com/weapons-guns/">weapons, guns or firearms</a>. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Possible federal criminal defenses include the argument that the statement was not a real threat, but what constitutes a threat? Let's put it this way, if you're even asking the question you're on thin ice as anything that could be perceived as physically injuring the president or worse is sufficient to trigger the crime. Yet</span><span style="font-size: large;"> it must be a serious threat in that those you thought would hear or read the communication would take the threat to be a threat not just a joke. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">S</span><span style="font-size: large;">ince you're still reading this perhaps an insanity defense is appropriate to consider in your case. But if unfortunately you are found to be sane then some affirmative defenses such as duress (gun to your mailman's head), mistake (you thought you were merely threatening your mailman not the president) or coercion (that damned deranged mailman put the gun to your head) may secure your freedom.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">There's never a free speech first amendment right to threaten the president. Here it is the speech or written word that is specifically not protected from federal prosecution. So no matter how you feel it's very important to be careful that you never say nor write anything that threatens the person of the president.</span><br />
<div>
<span style="font-size: large;"><br /></span></div>
Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-75109247189437058822017-02-09T16:23:00.001-05:002017-02-09T16:23:21.270-05:00FLORIDA PROSECUTORS MAY PURSUE CRIMINAL CHARGES TO TRIAL EVEN WHEN VICTIMS DON'T <span style="font-size: large;">Florida prosecutors often proceed toward a full prosecution even when the victim does not want to cooperate. In some crimes such as sexual battery on a minor or <a href="http://notguiltyflorida.blogspot.com/2013/05/did-fbi-entrap-americans-by.html">child pornography</a> this makes sense because the victim isn't in a position to reliably gauge the full consequences of the prosecution.</span><span style="font-size: large;"> In other cases such as</span><span style="font-size: large;"> spouse battery the state has an interest in making certain that in the future the family unit is not subject to violent behavior. </span><br />
<span style="font-size: large;"><br /></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: left; margin-right: 1em; text-align: left;"><tbody>
<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-j4j_PhOIo6U/WJzcDY5t1nI/AAAAAAAAAkA/Qy2nc0UUwqUMPjfiit-xCAa9gAmMAfqUQCK4B/s1600/The_Thrust_by_the_Matador%252C_Mexican_Bull_Fight_%2528NYPL_b12647398-62557%2529.tiff.jpg" imageanchor="1" style="clear: left; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" height="209" src="https://1.bp.blogspot.com/-j4j_PhOIo6U/WJzcDY5t1nI/AAAAAAAAAkA/Qy2nc0UUwqUMPjfiit-xCAa9gAmMAfqUQCK4B/s320/The_Thrust_by_the_Matador%252C_Mexican_Bull_Fight_%2528NYPL_b12647398-62557%2529.tiff.jpg" title="Torador with Bull as crowd watches on an old postcard " width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Prosecutor & Defendant at Trial</td></tr>
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<span style="font-size: large;">In fact in most cases that allege violent behavior such as aggravated battery or assault the state of Florida will look at the victim's desire to pursue prosecution as little more than a recommendation. In other violent acts such as murder, vehicular manslaughter or DUI manslaughter the desires of the deceased victim's family are considered only very late in the process after a plea or conviction and before sentencing to determine not whether charges should be pursued but how much prison time, if any, the family wants the presiding sentencing judge to give.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">But why does the state sometimes prosecute nonviolent crimes such as scheme to defraud, fraud or <a href="http://notguiltyflorida.blogspot.com/2013/02/could-use-of-prescribed-xanax-for-panic.html">grand theft</a> even when a victim does not want to proceed? In truth in these cases the </span><span style="font-size: large;">lack of victim cooperation can prove insurmountable to proving the case before a jury</span><span style="font-size: large;"> so are much less likely to be pursued by Florida state prosecutors who believe civil remedies are therefore sufficient. But even here it would depend on the nature of the theft. For example, someone found to have embezzled the youth <a href="http://notguiltyflorida.blogspot.com/2011/11/conviction-upheld-for-smuggling-cuban.html">baseball players</a> fund is apt to be prosecuted despite unanimous victim support for non-prosecution as even prosecutors are arguably human and apt to want to throttle the perpetrator despite the wishes of the victims.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">In Florida <a href="http://notguiltyflorida.blogspot.com/2013/05/can-victims-force-dismissal-of-criminal.html">victims can't force dismissal of criminal charges</a> by signing requests not to prosecute the defendant and delivering that request timely to the prosecutor. Instead the request is kept by the state attorney to help justify a no filing of the criminal charges or as evidence of the victim's possible lack of enthusiasm should things go wrong later. Nor can a victim control the outcome of a criminal case by trying to evade a witness subpoena for testimony at trial with much hope of success since occasionally judges punish the victim with jail after citing contempt of court where proof of evasion is evident.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-18776205195651117472017-02-07T17:42:00.000-05:002017-02-07T17:42:36.801-05:00THE BEST LIFE EXPERIENCE FOR OUR FEDERAL JUDGES SHOULD BE TIME SPENT HUNGRY WHILE SITTING IN JAIL<span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2012/01/oldest-federal-judge-dies-at-104-will.html">Federal judges tend to be old, male</a> and even whiter than I am. They often come from privileged backgrounds, better schools and colleges which in practice provides limited actual insight into the lives, problems, decisions, hopes and failures of those who come before them. </span><span style="font-size: large;">C</span><span style="font-size: large;">ulturally, politically and aesthetically they are not of us nor with us, but always apart from us. </span><br />
<span style="font-size: large;"><br /></span>
<table cellpadding="0" cellspacing="0" class="tr-caption-container" style="float: right; text-align: right;"><tbody>
<tr><td style="text-align: center;"><a href="http://2.bp.blogspot.com/-2Nf7xI5dJb8/WJpH__62TzI/AAAAAAAAAjs/6-LGa4KUQkYnDW8Rp-nctCpYqpdqlNtQACK4B/s1600/800px-Kamakura_Budda_Daibutsu_front_1885.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" height="320" src="https://2.bp.blogspot.com/-2Nf7xI5dJb8/WJpH__62TzI/AAAAAAAAAjs/6-LGa4KUQkYnDW8Rp-nctCpYqpdqlNtQACK4B/s320/800px-Kamakura_Budda_Daibutsu_front_1885.jpg" title="Budda Statue" width="240" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Sentencing a Federal Judge to Jail</td></tr>
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<span style="font-size: large;">Ideally we'd live in a society where our judges pride themselves on life experience that makes their ability to judge better. A good judge in my book has spent time hungry and fed the poor; <a href="http://notguiltyflorida.blogspot.com/2014/01/why-every-judge-should-spend-some.html">lived in a jail </a>and spent time there helping those charged with crimes. A judge would have an understanding that a full, giving, caring life is about making the world a better place. </span><br />
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<span style="font-size: large;"><br />Yet we often expect too much from our federal judges. We expect them to be fair. We expect them to know the law. We expect them to follow the law. Occasionally I even foolishly expect them to kick the prosecutor's butt when federal trials become a mockery of justice. Our federal judges who are <a href="http://notguiltyflorida.blogspot.com/2013/04/should-federal-judges-have-life-terms.html">appointed </a></span><span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2013/04/should-federal-judges-have-life-terms.html">for life terms</a> by the President of the United States have</span><span style="font-size: large;"> little hope for parole at any age since they have nothing else in their lives comparable to the glorious authority of their cold courtrooms</span><span style="font-size: large;">. </span><br />
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<span style="font-size: large;">So what can we do to eliminate <a href="http://notguiltyflorida.blogspot.com/2016/10/how-to-fight-against-implicit-bias-in.html">implicit bias in our federal criminal cases</a>, jury trials, arguments, motions and sentencing hearings? Every closing argument, motion and hearing should bend toward making our defendants more than just another case number, more than a name, but a haunting unforgiving mirror of humanity for the that particular judge. </span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-19703671595462464152017-02-06T15:55:00.003-05:002017-02-06T15:57:32.908-05:00TAKING IMMEDIATE ACTION AFTER A FEDERAL GRAND JURY INDICTMENT OFTEN GAINS THE BEST RESULTS<span style="font-size: large;">We've looked at <a href="http://notguiltyflorida.blogspot.com/2017/01/eight-methods-to-stop-federal-grand.html">methods to stop the grand jury process</a>, <a href="http://notguiltyflorida.blogspot.com/2017/01/four-ways-establishing-prosecutorial.html">establishing there's been grand jury abuse </a>and <a href="http://notguiltyflorida.blogspot.com/2017/01/how-to-make-direct-challenges-to-grand.html">how to make direct challenges to a grand jury indictment</a>. But unfortunately even when a grand jury indictment may be subject to a later challenge once a federal grand jury produces an indictment against a defendant who has not already been arrested for the allegations he will face immediate federal arrest. Within hours or a few days of the arrest the defendant</span><span style="font-size: large;"> will face a federal magistrate judge in a federal courtroom who will make important determinations as to whether the defendant should be released while awaiting trial and if so what restraints and limitations may be required such as giving up of passport, gps monitoring, drug monitoring or ankle bracelet.</span><br />
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<tr><td style="text-align: center;"><a href="http://1.bp.blogspot.com/-JNTx3HLEKLc/WJjf_jgwP6I/AAAAAAAAAjU/Q1TcJ01zpacc-0vlCYtueHRm7onjvX52QCK4B/s1600/220px-Hot_Air_Balloons_%252C_Albuquerque_%252C_Ektachrome_by_Scott_Williams.jpg" imageanchor="1" style="clear: right; margin-bottom: 1em; margin-left: auto; margin-right: auto;"><img alt="" border="0" height="213" src="https://1.bp.blogspot.com/-JNTx3HLEKLc/WJjf_jgwP6I/AAAAAAAAAjU/Q1TcJ01zpacc-0vlCYtueHRm7onjvX52QCK4B/s320/220px-Hot_Air_Balloons_%252C_Albuquerque_%252C_Ektachrome_by_Scott_Williams.jpg" title="Beautiful hot air balloons take flight in early dawn." width="320" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;"> Eliminate Your Flight Risk</td></tr>
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<span style="font-size: large;">Unlike <a href="http://notguiltyflorida.com/how-cases-proceed-in-tampa-bay/">the way criminal cases move forward in Florida's </a></span><span style="font-size: large;"><a href="http://notguiltyflorida.com/how-cases-proceed-in-tampa-bay/">state criminal court system</a> it's unusual for a bail bondsman to be involved in the federal bond process as the magistrate is apt to either allow a property bond subject to forfeiture or to grant a signature bond if release before trial is deemed appropriate. The magistrate judge's primary objective is to secure attendance to future court hearings and trials by eliminating any flight risk from the defendant. Factors a judge takes into account for <a href="http://notguiltyflorida.blogspot.com/2006/03/bond-bail-strategy.html">federal bond and detention</a> include the nature of the offense, the prior record of the defendant, the violent nature of the offense and statutory requirements such as the necessity to view any drug trafficking offense as a presumptive threat to the public.</span><br />
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<span style="font-size: large;">In the Middle District of Florida most federal prisoners await their first appearance at the <a href="http://notguiltyflorida.blogspot.com/2013/04/cruel-unusual-why-florida-jail-fails-to.html">Pinellas County Jail which is often overcrowded with unsafe conditions</a>. After the initial hearing with the magistrate the <a href="http://notguiltyflorida.com/how-federal-cases-proceed/">Florida federal cases proceed </a>quickly compared to Florida state cases and in a manner of months are usually resolved by plea or trial.</span><br />
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<span style="font-size: large;">The most important decisions made by federal defendants are often made very early in the federal criminal process sometimes well before the grand jury even deliberates on the allegations of misconduct. In federal cases where smart decisions are made early the likelihood of future success are enhanced so it's important to work with your federal criminal defense lawyer to gain the best results.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-17603466979034050452017-01-30T14:56:00.005-05:002017-01-30T14:56:44.509-05:00HOW TO MAKE DIRECT CHALLENGES TO A GRAND JURY INDICTMENT IN THE MIDDLE DISTRICT OF FLORIDA<span style="font-size: large;">After a federal grand jury hears witnesses and views evidence it deliberates to determine whether to issue a <a href="http://notguiltyflorida.blogspot.com/2016/03/a-guide-to-federal-prosecution.html">federal indictment</a>. A federal indictment is the actual accusation of specific federal criminal conduct that must include the inclusive dates of the alleged crime, alleged participants known or unknown listed as co-defendants and other particular allegations such as the locations of the misconduct. </span><br />
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<tr><td style="text-align: center;"><a class="image" href="https://en.wikipedia.org/wiki/File:Pierre-Auguste_Renoir_047.jpg" style="margin-left: auto; margin-right: auto;"><img alt="" class="thumbimage" data-file-height="2729" data-file-width="2024" height="297" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Pierre-Auguste_Renoir_047.jpg/220px-Pierre-Auguste_Renoir_047.jpg" srcset="//upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Pierre-Auguste_Renoir_047.jpg/330px-Pierre-Auguste_Renoir_047.jpg 1.5x, //upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Pierre-Auguste_Renoir_047.jpg/440px-Pierre-Auguste_Renoir_047.jpg 2x" title="Renoir the Acrobats - is of two girls juggling with the pens fallen to the ground" width="220" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Juggling Federal Indictment Challenges <br /> Renoir</td></tr>
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<span style="font-size: medium;"><br /><span style="font-size: large;">In earlier posts we examined legal challenges to a grand jury indictment or grand jury subpoena that included</span></span><a href="http://notguiltyflorida.blogspot.com/2017/01/four-ways-establishing-prosecutorial.html" style="font-size: x-large;"><span style="font-size: large;"> f<span id="goog_2132663772"></span>our ways establishing prosecutorial federal grand jury abuse in the Middle District of Florida</span></a><a href="https://www.blogger.com/" style="font-size: x-large;"><span id="goog_2132663773" style="font-size: large;"></span></a><span style="font-size: medium;"><span style="font-size: large;"> and </span></span><span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2017/01/eight-methods-to-stop-federal-grand.html" style="font-size: x-large;">eight methods to stop a federal grand jury subpoena in the Middle District of Florida</a><span style="font-size: medium;"> </span></span><span style="font-size: large;">and</span><span style="font-size: large;"><span style="font-size: medium;"> </span><a href="http://notguiltyflorida.blogspot.com/2017/01/what-should-i-do-if-grand-jury-is.html" style="font-size: x-large;">what to do if a federal grand jury is looking into your conduct or the conduct of your business</a><span style="font-size: medium;"> </span></span><span style="font-size: large;">in the Middle District of Florida. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Since federal defense counsel is never permitted to offer a defense at a grand jury hearing all of the evidence submitted to the grand jury comes directly from a United States prosecutor as well as government agents from the FBI, DEA or other federal law enforcement branch. Because the information received by the grand jury is so one sided grand juries are known for being malleable instruments of the </span><a href="http://notguiltyflorida.blogspot.com/2015/12/how-prosecutors-control-direct-american.html" style="font-size: x-large;">federal prosecutors who control and direct American grand jury indictment deliberations</a><span style="font-size: large;">. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Once prosecutors have gotten their indictment the following challenges may be made to attack the charging document:</span><br />
<span style="font-size: large;"><br /></span>
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<span style="font-size: large;">1. Showing that the federal indictment fails to allege an essential element of the offense. A deficient indictment fails to adequately allow a defendant to defend himself.</span><div>
<span style="font-size: large;"><br />2. Showing that there is duplicity or multiplicity which occurs when more than one charge is brought in a single alleged count within the indictment.</span></div>
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<span style="font-size: large;"><br /></span></div>
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<span style="font-size: large;">3. Showing that the indictment fails to allege a sentencing element. Facts that increase the penalty at sentencing must be alleged. For example, having a firearm during a significant drug trafficking case increases the penalty by five additional years. The allegation must be in the indictment if prosecutors later expect to persuade the sentencing judge to increase the sentence that would have been given.</span></div>
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<span style="font-size: large;"><br /></span></div>
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<span style="font-size: large;">4. Showing that there was error during the grand jury instructions can be raised as an issue but the bar to prove this has been set very high by recent federal case law.</span></div>
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<span style="font-size: large;"><br /></span></div>
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<span style="font-size: large;">5. Showing substantial variance in the grand jury allegations as found in the indictment and the actual evidence introduced at trial.</span></div>
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<span style="font-size: large;"><br /></span></div>
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<span style="font-size: large;">All of these fundamental grand jury challenges should be examined in detail in every complex federal criminal case to determine if there are fundamental leverage points of weakness in the federal indictment.</span></div>
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Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-63151593492738019802017-01-26T17:18:00.001-05:002017-01-26T17:22:25.880-05:00NEW RESEARCH SHOWS WHO BENEFITS FROM MASS INCARCERATION IN AMERICA & WHY REFORM FAILS<span style="font-size: large;">What does it say about America's that our prison population of 2.3 million people is larger than the population of 15 of the states that make up our union? Who benefits from so many of us being imprisoned and who stands in the way of reform? A new report<a href="https://www.prisonpolicy.org/reports/money.html"> Following the Money of Mass Incarceration</a> finds some disturbing answers.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">The report found some basic beneficiaries of prisons who fight reform that include the following:</span><br />
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<li style="border: 1px solid transparent; line-height: 27px; margin: 15px 0px;">Bail bond companies that collect $1.4 billion in nonrefundable fees from defendants and their families. The industry also actively works to block reforms that threaten its profits, even if reforms could prevent people from being detained in jail because of their poverty. </li>
</ul>
<ul style="color: #4c4c4c; font-family: Georgia, serif; font-size: 18px; padding-left: 25px;">
<li style="border: 1px solid transparent; line-height: 27px; margin: 15px 0px;">Specialized phone companies that win monopoly contracts and charge families up to $24.95 for a 15-minute phone call.</li>
</ul>
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<li style="border: 1px solid transparent; line-height: 27px; margin: 15px 0px;">Commissary vendors that sell goods to incarcerated people — who rely largely on money sent by loved ones — is an even larger industry that brings in $1.6 billion a year.</li>
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<span style="font-size: large;">Other beneficiaries are the builders of prisons and their bond holders, public and private employees of prisons, utilities, health care workers (an insignificant factor in places such as <a href="http://notguiltyflorida.blogspot.com/2013/04/cruel-unusual-why-florida-jail-fails-to.html">Pinellas where the jail is routinely unsafe</a> for state and federal prisoners), as well as those who put people in prison by holding jobs such as judges, lawyers, bailiffs and police.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">It's disturbing to see how many industries, companies and folks living happily in your neighborhood benefit from mass incarceration in America. No wonder so much inertia spins toward ever greater incarceration. For repeat violent offenders who commit battery, aggravated assault or manslaughter incarceration may be an inevitable means of punishment and a reasonable solution to protect society. But for nonviolent crimes such as drugs, marijuana possession, cocaine possession, grand theft or scheme to defraud a term of prison only ruins the lives of those convicted. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Yet people are still being sentenced by our <a href="http://notguiltyflorida.blogspot.com/2016/11/hard-right-shift-to-law-order-allows.html">spineless judges</a> to long terms of needless imprisonment for nonviolent offenses. Many of these <a href="http://notguiltyflorida.blogspot.com/2016/04/why-nonviolent-felonies-misdemeanors-in.html">nonviolent crimes should not even result in an arrest</a> in Florida. Perhaps this reports stark exposure of those who benefit the most from mass incarceration will help end this American crisis.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-63419913814854809032017-01-25T15:43:00.001-05:002017-01-25T15:43:40.875-05:00WILL ACCEPTANCE OF RESPONSIBILITY BE DENIED AT SENTENCING AFTER FILING A MOTION TO SUPPRESS<span style="font-size: large;">The community of defense lawyers who have extensive federal criminal law experience in Florida is not large. The united band of attorneys often face long odds against the mighty power of the Federal government's criminal justice system and gain strength by working together and sharing important information concerning how federal judges and prosecutors handle various issues. One issue that's often discussed among defense lawyers is the minutiae of how each federal judge currently handles unusual sentencing issues. This is true because the vast majority of federal defendants are forced into pleading guilty, many <a href="http://notguiltyflorida.blogspot.com/2012/12/stunning-federal-justice-failure.html">refusing to have federal jury trials believing the game is rigged </a>to convict in the federal system.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Because over 96% of federal defendants are forced to plead guilty what should a federal defendant do when confronted with issues that should be litigated? For example, what if there's been an unlawful search by FBI or DEA agents the fruits of which are being unlawfully used by federal prosecutors to pursue a guilty plea? If the Defense counsel files a <a href="http://notguiltyflorida.blogspot.com/2012/09/you-should-never-give-police-consent-to.html">Motion to Suppress</a> because the defendant did the smart thing by following this Blog's advice in not giving consent to search his home or car, will the Federal District Judge later retaliate at sentencing by giving the defendant a lengthier time in Federal prison?</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">Here is a recently received email exchange from a federal criminal defense lawyer in the Miami Division of the Southern District of Florida with other lawyers in the Middle District and the Northern District of Florida about whether local federal judges are apt to deny a three level reduction for acceptance of responsibility where a motion to suppress has been litigated:</span><br />
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<blockquote class="tr_bq">
<span class="s1">Has anyone gotten a downward adjustment at sentencing for acceptance of responsibility when the defendant filed and litigated a motion to suppress that was denied and then entered a guilty plea? </span> </blockquote>
<blockquote class="tr_bq">
<span class="s1">I know it's a long shot! </span></blockquote>
<div class="p2">
<span class="s1"></span></div>
<span style="font-size: large;">From Orlando part of the Middle District of Florida a federal criminal defense lawyer responds as follows:</span><br />
<blockquote class="tr_bq">
<span class="s1">In the Orlando Division, we almost always get acceptance of responsibility under such a scenario. If we want to preserve the suppression issue for appeal, the government usually will not agree to a conditional plea. </span></blockquote>
<blockquote class="tr_bq">
<span class="s1">They usually will agree to </span><span style="-webkit-text-stroke-width: initial;">a bench trial with stipulated facts to preserve the suppression issue. Even in those cases, we usually will get all three points for acceptance. </span></blockquote>
<span style="font-size: large;">From the Jacksonville Division in the Northern District of Florida a federal criminal defense lawyer responds as follows:</span><br />
<blockquote class="tr_bq">
<span class="s1">Not always - depends. </span> </blockquote>
<blockquote class="tr_bq">
<span class="s1">Depends on the AUSA (Assistant United States Attorney), the PO (Probation Officer), how good your mtn to suppress was, how the judge feels ...</span></blockquote>
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<span style="font-size: large;">And from the Tampa Division, in the Middle District of Florida an attorney also responds as follows:</span><br />
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<span class="s1">Same here in Tampa. They always start out "threatening" to not move for the 3rd level but only follow through with that when they feel the motion was "frivolous" - some Judges here will vary the extra level to make up the difference.</span></blockquote>
<div class="p1">
<span class="s1"><br /></span></div>
<span style="font-size: large;">As you can see the <a href="http://notguiltyflorida.com/how-federal-cases-proceed/">how Florida federal criminal cases proceed thru the federal criminal justice system</a> varies depending on which District and Division from which your case is being handled. In the Middle District of Florida it's not unusual to have federal prosecutors threaten that one or more levels may be denied at sentencing in an effort to shore up even the weakest federal criminal case.</span><br />
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<span style="font-size: large;"><br /></span>
<span style="font-size: large;">If you're being investigated for a <a href="http://notguiltyflorida.com/federal-crimes/">Florida federal crime</a> you'll need help from an effective and reliable lawyer with significant experience in Federal Court, who understands <a href="http://notguiltyflorida.blogspot.com/2017/01/what-should-i-do-if-grand-jury-is.html">what to do if a federal grand jury is looking into your conduct</a>, who knows<a href="http://notguiltyflorida.blogspot.com/"> how to establish federal prosecutorial abuse</a>, who possesses a comprehensive view of the Federal system including the judges, magistrates, federal agents and prosecutors and has had numerous successful trials in Federal Court including large <a href="http://notguiltyflorida.com/marijuana-cannabis/">drug cases involving cocaine as well as marijuana</a>. </span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">If there's already been an arrest in your case for either the violation of a federal crime or a violation of Florida law such as battery on a law enforcement officer,<a href="http://notguiltyflorida.com/florida-law-on-battery/"> aggravated battery</a>, assault, <a href="http://notguiltyflorida.com/drug-crimes/">drug crimes</a> or grand theft, then it's vital to your prospects to pursue your investigation of the facts and law to mount the best possible defense for your case. This can best be done thru the hiring of an experienced Clearwater criminal defense attorney.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">In all Florida courts it's a strategic advantage to having your lawyer at every stage of the proceedings as the cases quickly from investigation to arrest and toward a jury trial. The objectives set and decisions made in early stages of the criminal proceedings set the tone for everything that follows. E</span><span style="font-size: large;">ven after an arrest has been made by law enforcement officers </span><span style="font-size: large;">the State Attorney's Office under Florida law </span><i style="font-size: x-large;">must conduct its own investigation</i><span style="font-size: large;"> of the facts of a case and in felony cases that includes the taking of testimony. Although there may have been an arrest a defense lawyer already knowledgeable about the facts and circumstances of the criminal allegations will strive to lead the prosecutors toward a decision to no file the case.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">At our firm we're always prepared to help you.</span><span style="font-size: large;"> Call today and receive the criminal law help you need from a <a href="http://notguiltyflorida.com/">Clearwater criminal defense lawyer</a> available at any hour every day.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-57745950669430934052017-01-20T15:44:00.000-05:002017-01-20T15:44:46.881-05:00FOUR WAYS ESTABLISHING PROSECUTORIAL FEDERAL GRAND JURY ABUSE IN FLORIDA'S MIDDLE DISTRICT<span style="font-size: large;">Our exciting tour of the Grand Jury systems of Florida federal and state courts </span><span style="font-size: large;">began with a look at </span><span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2017/01/what-should-i-do-if-grand-jury-is.html">What to do if a Grand Jury is investigating you,</a> </span><span style="font-size: large;">your conduct, your business or your friends and </span><span style="font-size: large;">continues today with a look at what constitutes Federal Prosecutorial Abuse of the Grand Jury. Earlier when we looked at </span><span style="font-size: large;"><a href="http://notguiltyflorida.blogspot.com/2017/01/eight-methods-to-stop-federal-grand.html">Eight Methods to Stop A Grand Jury Investigation </a> </span><span style="font-size: large;">it became clear that establishing that the prosecutor abused the Grand Jury process is an excellent way to quash a grand jury investigation or a grand jury subpoena.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">The benefits of establishing prosecutorial abuse of a grand jury in the Middle District of Florida is clear in that if the abuse is shown to be prejudicial the grand jury indictment may be subject to a motion to dismiss or a subpoena may be quashed. The following four actions of a prosecutor constitutes abuse:</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">1. Using the grand jury to target someone out of malice or an intent to harass that person. For example, Federal courts have found that showing a fundamental unfairness of the process by gathering evidence for a civil suit or instigating the calling of witnesses for the only purpose of forcing them to assert the 5th, or granting a pocket immunity are inappropriate.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">2. Issuing a subpoena to a witness for a grand jury hearing for the sole purpose of collecting additional evidence<i> in a different pending federal case</i>. This use of the grand jury as an investigative tool probably happens much more frequently than judges or <a href="http://notguiltyflorida.com/federal-crimes/">federal defense lawyers </a>are aware because it's difficult to prove that information gleaned from one case is being used to help nail another case down. But when a prosecutor is caught in a case that's falling apart using the grand jury as a discovery tool is tempting.</span><br />
<span style="font-size: large;"><br /></span>
<span style="font-size: large;">3. Using unlawfully gleaned evidence such as when government agents from the DEA or the FBI gather evidence before securing valid search warrant.</span><br />
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<span style="font-size: large;">4. Using evidence or testimony which the government knows is false violates American standards of due process. There is no place in our justice system for false evidence or perjured testimony.</span><br />
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<span style="font-size: large;">Once one or more of these prosecutorial abuses of the grand jury system are proven then there exists legal leverage to have the federal grand jury indictment dismissed.</span><br />
<br />Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-58927624116718732452017-01-18T15:04:00.000-05:002017-01-18T15:04:02.731-05:00EIGHT METHODS TO STOP A FEDERAL GRAND JURY SUBPOENA IN THE MIDDLE DISTRICT OF FLORIDA<span style="font-size: large;">Stopping a federal grand jury subpoena may be made based on a showing of either a technical or a substantive error made by the federal prosecutor. This is done by enumerating the failure in a Motion to Quash the Grand Jury <a href="http://notguiltyflorida.blogspot.com/2012/03/pinellas-county-deputies-used-faked.html">Subpoena</a> made by the federal defense lawyer.</span><br />
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<span style="font-size: large;">The Motion to Quash may be include one or more of the following seven defects:</span><br />
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<span style="font-size: large;">1. A showing that the grand jury term has expired. This would mean that the grand jury was not actually legally authorized to conduct the hearing at the time the hearing took place.</span><br />
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<span style="font-size: large;">2. A showing that the grand jury has an inappropriate mixture of citizens. For example, if it can be proven that the creation of the grand jury resulted from a systematic exclusion of minority citizens.</span><br />
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<span style="font-size: large;">3. </span><span style="font-size: large;"> </span><span style="font-size: large;">A showing that the grand jury was created within a framework of bias or taint from inappropriate reaction to news media accounts of the incident in question. </span><br />
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<span style="font-size: large;">4. </span><span style="font-size: large;"> A showing that the grand jury</span><span style="font-size: large;"> relied on information it should not have had access to during its deliberations. For example, establishing that a grand juror used google searches during the course of deliberations to learn information that went beyond the scope of the prosecutor's grand jury presentation.</span><br />
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<span style="font-size: large;">5. </span><span style="font-size: large;">A showing that the grand jury used inappropriate or illegally obtained information during the course of its deliberations. Typically this would involve the federal prosecutor submitting unlawfully obtained documents, email, <a href="http://notguiltyflorida.blogspot.com/2012/02/federal-grand-jury-cant-compel-you-to.html">encrypted files based on a password</a> or business records which the DEA or FBI gained access to without first procuring a proper search warrant that was based on trustworthy facts.</span><br />
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<span style="font-size: large;">6.</span><span style="font-size: large;"> </span><span style="font-size: large;">A showing that the grand jury was subjected to the actions of a renegade prosecutor who used the grand jury as a fishing expedition thru myriad unjustified subpoenas and request for documents, emails or business records.</span><br />
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<span style="font-size: large;">7.</span><span style="font-size: large;"> </span><span style="font-size: large;">A showing that the grand jury heard evidence from a source which was later found to be excludable. For example, the grand jury hears evidence from a witness who lacked competency to testify to the given facts.</span><br />
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<span style="font-size: large;">8.</span><span style="font-size: large;"> </span><span style="font-size: large;">A showing that the grand jury lacked jurisdiction or venue. It makes sense that the grand jury, just like the case itself must be connected to the community in which it seeks to indict one or more of the members of that community. For example, in a federal drug case you'd expect some connection of the allegations to the place where the grand jury is meeting (though one might hope not in the very room where they meet).</span><br />
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<span style="font-size: large;">As you can see proving one or more of these examples is easier said than done. However, if you or a family member has been <a href="http://notguiltyflorida.blogspot.com/2015/11/grand-jury-indicts-tampa-bay-detectives.html">indicted by a federal grand jury in the Middle District of Florida</a> it's important to find a criminal defense attorney with federal experience to examine all of the possible defects that may have occurred well before the case is set for trial.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-2617219035534042282017-01-17T14:45:00.000-05:002017-01-17T14:45:17.343-05:00WHAT SHOULD I DO IF A GRAND JURY IS LOOKING INTO MY CONDUCT OR THE CONDUCT OF MY BUSINESS?<span style="font-size: large;">It's not an unusual question for a federal criminal defense lawyer to receive from those under suspicion of doing a federal crime in the Middle District of Florida: What should I do if a grand jury is looking into my conduct, the conduct of my business enterprise or the conduct of others I've been close to or done business with? </span><br />
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<span style="font-size: large;">It may have started with a visit from federal agents such splendid agencies as the FBI or the DEA or the ATF. Or it could originate with what is known as a target letter that as the name implies strongly suggests that you retain immediate legal help because you're likely to soon face an indictment from a grand jury. If you're the target of a federal investigation you need to understand the <a href="http://notguiltyflorida.blogspot.com/2013/07/the-best-ways-to-avoid-arrest.html">best ways to avoid arrest and prosecution</a>.</span><br />
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<span style="font-size: large;">Here is a sample of a target letter given by the Justice Department for use by Assistant United States Attorn</span><span style="font-size: large;">eys in federal criminal prosecutions:</span><br />
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<blockquote class="tr_bq">
This letter is supplied to a witness scheduled to appear before the federal Grand Jury in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Middle District of Florida. It is their responsibility to inquire into federal crimes which may have been committed in this District.<br />As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify.<br />We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to conspiracy to traffic in cocaine and marijuana, as well as mail fraud, scheme to defraud and federal firearm violation. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice.<br />You are advised that you are a target of the Grand Jury's investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.<br />Cordially, </blockquote>
<blockquote class="tr_bq">
Your favorite Prosecuting Attorney</blockquote>
<span style="font-size: large;">The letter starts out cordially enough, I guess, but it's not exactly an invitation to a birthday party but more like a request to attend a wake as the last paragraph is heart stopping. In fact just reading it makes me want to go confess something to a grand jury right now in hopes of evading an indictment os something far worse. Oh hell, I'll finish this first then confess. The letter of course is not only a warning of that gift that never stops giving, a future indictment, but also in paragraph three clearly warns the receiver that destroying evidence is a federal crime. </span><br />
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<span style="font-size: large;">Ultimately if you have knowledge that a Florida grand jury in the Middle District of Florida is looking into your past you need to protect your future by contacting a federal criminal defense lawyer as soon as possible to get the best possible results.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0tag:blogger.com,1999:blog-23530458.post-55294521487140322802017-01-09T16:30:00.000-05:002017-01-09T16:30:20.568-05:00WHY PINELLAS COUNTY FLORIDA DRUG ARRESTS & INVESTIGATIONS WILL SOON SPIKE & HOW TO SURVIVE<span style="font-size: large;">For the past eight years the office of the</span><span style="font-size: large;">Attorney General has sought to tamp down needless drug arrests and investigations especially in Federal marijuana trafficking cases and drug cases that did not involve violence or the use of firearms. Further, at least from the top, Federal prosecutors were directed toward the goal of fair federal drug sentencing with less reliance on statutory minimum mandatory sentencing and the typically harsh federal drug sentencing. </span><br />
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<span style="font-size: large;">It's likely that Attorney General nominee Senator Sessions or someone of his mindset will soon change the direction of the Attorney General's office. Senator Sessions has denounced all those who use marijuana as "stupid" even those who happen to live in one of the many states where marijuana use is now legal. Further, he proudly cites his time as a federal prosecutor in the eighties as being "a lieutenant in the war on drugs." It's disconcerting because most people directly involved in that American <a href="http://notguiltyflorida.blogspot.com/2013/02/americas-war-on-drugs-destroys-another.html">war on drugs </a>including the judges, prosecutors and defense lawyers who waged it, are in agreement that people's lives were needlessly destroyed and ruined because of widespread federal prosecutions that brought long prison sentences. In fact the current Justice Department has done what it can to mitigate the damage done during the anti-drug crusade by reducing sentences where appropriate.</span><br />
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<span style="font-size: large;">The new focus of the Justice Department will be to make <a href="http://notguiltyflorida.blogspot.com/2016/10/shame-on-our-cops-deputies-pinellas.html">more Florida arrests in places like Pinellas County </a>and to severely punish not only violent drug traffickers but also small quantity drug users. The punitive use of the federal criminal court system will inevitably draw more federal prison time for people who are nonviolent drug users using resources that should be used to punish those who commit violent crimes. </span><br />
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<span style="font-size: large;">If you've been investigated, arrested or under possible grand jury indictment or scrutiny for drugs in the Middle District of Florida in Pinellas or Hillsborough County you'll need an<a href="http://notguiltyflorida.com/"> effective, reliable Clearwater defense attorney</a> familiar with federal criminal law to help guide you toward the best possible outcome.</span>Anonymoushttp://www.blogger.com/profile/15415082983355175911noreply@blogger.com0