Legal questions for our VERIFIED lawyers on the board

[AlmostGone]

Question... is it possible we are no longer hearing the jail tapes because maybe the State/federal lawyers in the case have subpoenaed all of them to show a good judge of character in these cases? I'm just Also thinking that if I was a these kids/adults lawyer, id want them off the air/tv to get my clients a fair trial.. I mean, just incase someone wants to do a 'jury trial'...

 

[raisincharlie]

AZlawyer, thank you for responding to the questions here, it helps. With that said of course I have another.

What, if you know, could be the possible trial strategies for a lawyer when their client is caught on video, complete with audio, trafficking drugs to an undercover LEO ? As previously noted, a defense lawyer would be hard pressed to attempt to claim they were targeted because of Haleigh, since LE was tipped off to these activities. What could a defense lawyer possibly be thinking and what possible approaches could he take when the client pleads "Not Guilty" ?

 

[AZlawyer]

Hope's Sentence:
The judge took into consideration the charges from Jan 3rd's arrest in his ruling. Here is my question. She was not sentenced yet on those charges, she has not yet been convicted. Or has she? Anyone know? Would this not make the Jan 3rd charges mute for her sentencing for the recent drug charge?

I'm not a lawyer but is there a slight difference between considering her past charges/convictions and considering her violating the terms of her release?
Even if her past charges happened to be bogus and wouldn't have lead to any conviction in the future she was obligated to follow the terms of her release until further notice anyway and she didn't, and that's what the judge was considering. It may pertain to her ability and willingness to follow the terms of her release this time around. That's what my interpretation was, anyway. Would it make sense legally?

Yep--Donjeta gets the Honorary Lawyer award for the day.

I have been looking for similar drug trafficking cases/convictions on the Florida DOC online website.

http://dc.state.fl.us/AppCommon/

So far I haven't found much, most of the charges are for the sale/manufacture/delivery of a controlled substance. The way I read it the difference between S/M/D and trafficking is the amount of the drug (but, I think prosecutorial discretion also factors in here).

Here is a link to one inmate with a trafficking in cocaine charge and a S/M/D of cocaine charge (with two other felony charges) and she got 4 years. Maybe I am missing something here, but trafficking and S/M/D offenders don't seem to be getting that much time.

Hopefully, posting this link is allright...

http://dc.state.fl.us/ActiveInmates/detail.asp?Bookmark=17&From=list&SessionID=26581172

My question...is the difference between S/M/D and trafficking charges only based on weight or is there discretion available to the prosecutor when charging ? Could the prosecutor reduce the charge (from trafficking down to S/M/D) for one of the players in this case, if that person cooperates with LE ?

There are lots of different SMD and trafficking charges, depending on the type of drug, the weight, whether the person was armed, etc. There is also discretion when charging, including reducing charges in exchange for cooperation, and a large number of factors that can be considered in sentencing.

My question is, if the law has a pretty good idea of who killed Haleigh and that person is not currently in jail and that person commits a crime against another child, would the state bear some responsibility in having allowed that person to remain free?

Nope--mostly because of governmental immunity, but also because you can't arrest someone based on a "pretty good idea."

Question... is it possible we are no longer hearing the jail tapes because maybe the State/federal lawyers in the case have subpoenaed all of them to show a good judge of character in these cases? I'm just Also thinking that if I was a these kids/adults lawyer, id want them off the air/tv to get my clients a fair trial.. I mean, just incase someone wants to do a 'jury trial'...

I don't see how a subpoena would prevent the jail tapes from being released to the public.

AZlawyer, thank you for responding to the questions here, it helps. With that said of course I have another.

What, if you know, could be the possible trial strategies for a lawyer when their client is caught on video, complete with audio, trafficking drugs to an undercover LEO ? As previously noted, a defense lawyer would be hard pressed to attempt to claim they were targeted because of Haleigh, since LE was tipped off to these activities. What could a defense lawyer possibly be thinking and what possible approaches could he take when the client pleads "Not Guilty" ?

No idea...entrapment maybe? "My nonexistent nanny forced me to commit crimes to get my daughter back" maybe? (Sorry, too much time on the Caylee forum).

 

[Kimster]

Please note:

There is a THANK YOU thread for AZLawyer in Caylee's forum.

http://www.websleuths.com/forums/showthread.php?t=98320&highlight=azlawyer

 

[MADJGNLAW]

I was checking to see if they had posted a trial date regarding Hope's motion for a rehearing and Ronald bond reduction, (which makes no sense since he will be in court next week on the 13th I think). Nothing yet on those matters though.

:waitasec: I did find that Hope's charges from 2010-01-04 POSSESSION OF SCHEDULE SUBSTANCE looks to be dropped if I am understanding what NOLLE PROSEQUI means.
Does anyone know if that is what it means? If not, what does it mean?
TIA! :blowkiss:

Also, didn't the judge take into consideration her previous charges, this being one of them? If it was dropped how were they able to use the Jan 4th charge against her? TIA

NOLLE PROSEQUI
2010-04-27 30 THE CASE WAS ORDERED NOLLE PROSEQUI IN OPEN COURT

File Date: 2010-01-04 Judge: TERRY J LARUE
Defense Atty: BEECHING, MARCELLA ANN

Defendant
SYKES, HOPE A
Alias

Date # Docket Description
2010-01-04 1 ARREST REPORT - PPD OFF/HUSKEY (ARREST 1/3/10)

2010-01-04 1 BOOKING NUMBER: 10-00026

2010-01-04 1 POSSESSION OF SCHEDULE II SUBSTANCE

http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php

nolle prosequi ( ) n. ( Abbr. nol. pros. ) A declaration that the plaintiff in a civil case or the prosecutor in a criminal case will drop prosecution.
"snip" www.answers.com/topic/nolle-prosequi

 

[Peliman]

AZlawyer thank-you. My question refers to Miranda warnings prior to being charged. Since nobody has been charged can what they've said previously be used against them?

Second, In the drug trial if the defense uses the Haleigh card, won't they have been considered to open the door on the Haleigh line of questioning?

 

[Dallasdon]

In a Bond Reduction hearing, can you bring up what other people with similar (or worse) charges have?

If you can, does it help?

 

[Kimster]

AZLawyer,

If a defense attorney's client insists on sticking to her story, even though it contradicts evidence on video tape in a drug sting, is the attorney obligated to stand behind that poor decision?

We have three people in a drug sting - on video. Two might be accepting pleas and one of those two appears to be ready to testify against the girl (Misty). Misty is still digging her heels in that she is not guilty, even though everyone in the world can see her involvement on the tapes.

I just wonder how far her attorney has to go when she refuses to do what is best for herself?

Hope that makes sense.

 

[AZlawyer]

:waitasec: I did find that Hope's charges from 2010-01-04 POSSESSION OF SCHEDULE SUBSTANCE looks to be dropped if I am understanding what NOLLE PROSEQUI means.
Does anyone know if that is what it means? If not, what does it mean?
TIA! :blowkiss:

Also, didn't the judge take into consideration her previous charges, this being one of them? If it was dropped how were they able to use the Jan 4th charge against her? TIA

Yes, "nolle prosequi" means it is not being prosecuted--i.e., it is being dropped.

I believe someone mentioned the second issue earlier in this thread--didn't the judge take into consideration that she wasn't following the terms of her probation, rather than that she had been charged with a crime? The judge doesn't have to wait for a crime to be charged and prosecuted to say "I find that you have violated the terms of your probation."

AZlawyer thank-you. My question refers to Miranda warnings prior to being charged. Since nobody has been charged can what they've said previously be used against them?

Second, In the drug trial if the defense uses the Haleigh card, won't they have been considered to open the door on the Haleigh line of questioning?

Are you saying that Miranda warnings were not given prior to these statements being made? If so, whether the statements can be used depends on whether the person was "in custody," not whether they had been charged. Whether someone is "in custody" can be a complex question, depending on things like whether they would reasonably have felt free to leave.

I'm not totally sure what the "Haleigh card" is , but yes, if a defense is presented based on something about Haleigh, the defense can't complain if the State responds to that argument.

In a Bond Reduction hearing, can you bring up what other people with similar (or worse) charges have?

If you can, does it help?

Yes and yes!

AZLawyer,

If a defense attorney's client insists on sticking to her story, even though it contradicts evidence on video tape in a drug sting, is the attorney obligated to stand behind that poor decision?

We have three people in a drug sting - on video. Two might be accepting pleas and one of those two appears to be ready to testify against the girl (Misty). Misty is still digging her heels in that she is not guilty, even though everyone in the world can see her involvement on the tapes.

I just wonder how far her attorney has to go when she refuses to do what is best for herself?

Hope that makes sense.

Yes, the attorney has to work with the facts that the client says happened, or else convince the client that the client is being an idiot. Or withdraw, but I'm assuming we're talking about a public defender here.

 

[Kimster]

Thank you AZLawyer! :blowkiss:

Misty's attorney is pro bono and has withdrawn one time already. That's some info for you the next time you so kindly drop by. :hug:

 

[Coldpizza]

My question is if Tommy or Misty stated that Haleigh was thrown into the river with the yellow rope and/or cinder blocks and LE did indeed find those items, would that be enough circumstantial, corroborating evidence to substantiate an arrest and conviction for the DA?

 

[twall]

What happens if a deal is struck with someone to testify against a defendant at trial but the case ends up being pled to and doesn't go to trial? What happens to the deal the person pled to that was going to testify at trial?

Also, are plea deals negotiated like buying a home? I am using this as an example, offer, counter offer, counter counter offer, etc. Does it go back and forth, back and forth between defense and prosecution trying to reach an agreement?

Are the terms of the plea deal public record? I am referring to Florida.

TIA

 

[jessigirl]

I have a question about what charges would someone be facing if a certain scenario does in fact turn about to be the case... What I mean is if the current accounts that are being given by Tommy and MIsty were "SOMEWHAT" fact based.Tho, I do believe there could quite possibly be a "weapon of intimidation"(gun,knife,etc) along WITH threats to kill Tommy's kids, I however do NOT believe that is THE ONLY reason Tommy has been "afraid" to tell. I think he DID PARTICIPATE in the disposing of Haleigh's little body and because of that fact he has not wanted to have to implicate HIMSELF by coming out with the truth about Joe. So 1st question would be if Tommy was threatened by gun, knife, etc after witnessing Joe kill Haleigh and was forced by the threat of death by this weapon&that his children would be harmed if he did not help Joe dispose of the body, therefore being forced into helping. What would Tommy's culpability be? And what would he be facing as far as charges for his part in disposal, even if done because of threats? 2nd question would be similar but with charges pertaining to Misty. If she were to also have been witness to Joe murdering Haleigh and then threatened with gun, knife, etc that she would be killed if she told but differs from Tommy in that Joe did NOT force her to participate in disposal. what would her culpability be in witnessing murder and forced by threats of being killed into covering up&not telling the truth. What charges would she be facing if these were the facts of what happened? ... So I guess mainly Im wanting to know if they were infact threatened in such ways(esp. Tommy forced to participate out of fear for harm to his kids)Would these circumstances make ANY DIFFERENCE IN WHAT CHARGES THEY FACED, and what those charges would be....
I hope that made enough sense explaining my 2 questions... TIA to whomever takes the time to read and/or answer...

 

[pferrin]

All the main players have lied in this case..how difficult will this case be for the prosecution to try..without Haleighs body?

IMO none of the folks arrested are believable...

 

[MADJGNLAW]

The 7 depositions scheduled on drug charges 05/19/2010 starting AT 11:00 AM in Misty's Drug Case. Why is it that deop's are happening in Misty's case and not the other 4 that were charged? I am under the impression that it is the officer's that are being depo'd. Is that correct?
Thanks! :blowkiss:

On May 11th a NOTICE OF TAKING DEPOSITION
was issued on the 7 drug charges in Putnam Co.
http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php



2010-03-31 23 HEARING CONTINUED TO 06/03/2010



Quote:
UCN: 542010CF000252XXAXMX
UCN: 542010CF000251XXAXMX
UCN: 542010CF000142XXAXMX
UCN: 542010CF000141XXAXMX
UCN: 542010CF000140XXAXMX
UCN: 542010CF000139XXAXMX
UCN: 542010CF000138XXAXMX



File Date: 2010-02-03 Judge: TERRY J LARUE
Defense Atty: FIELDS, ROBERT M

Defendant
CUMMINGS, MISTY JANETTE
Alias
CROSLIN, MISTY JANETTE


2010-05-11 26 NOTICE OF TAKING DEPOSITION

2010-05-11 27 SUBPOENA FOR DEPOSITION ISSUED TO: DET TIM CAMPBELL

2010-05-11 27 TO BE TAKEN 05/19/2010 AT 11:00 AM

2010-05-11 28 SUBPOENA FOR DEPOSITION ISSUED TO: DET JAMES HEATH

2010-05-11 28 TO BE TAKEN 05/19/2010 AT 11:20 AM


2010-05-11 29 SUBPOENA FOR DEPOSITION ISSUED TO: LT. DON TINGLEY


2010-05-11 29 TO BE TAKEN 05/19/2010 AT 11:40 AM


DEPOSITION TO BE TAKEN 05/19/2010 AT 11:40 AM

 

[AZlawyer]

My question is if Tommy or Misty stated that Haleigh was thrown into the river with the yellow rope and/or cinder blocks and LE did indeed find those items, would that be enough circumstantial, corroborating evidence to substantiate an arrest and conviction for the DA?

All the main players have lied in this case..how difficult will this case be for the prosecution to try..without Haleighs body?

IMO none of the folks arrested are believable...

If they don't have her body, they will need some other proof of her death IMO.

What happens if a deal is struck with someone to testify against a defendant at trial but the case ends up being pled to and doesn't go to trial? What happens to the deal the person pled to that was going to testify at trial?

Also, are plea deals negotiated like buying a home? I am using this as an example, offer, counter offer, counter counter offer, etc. Does it go back and forth, back and forth between defense and prosecution trying to reach an agreement?

Are the terms of the plea deal public record? I am referring to Florida.

TIA

The plea deal would still be in effect, even if the other trial doesn't go forward.

Yes, there can be offers and counteroffers.

When the plea deal is approved by the Court, this should be public record.

I have a question about what charges would someone be facing if a certain scenario does in fact turn about to be the case... What I mean is if the current accounts that are being given by Tommy and MIsty were "SOMEWHAT" fact based.Tho, I do believe there could quite possibly be a "weapon of intimidation"(gun,knife,etc) along WITH threats to kill Tommy's kids, I however do NOT believe that is THE ONLY reason Tommy has been "afraid" to tell. I think he DID PARTICIPATE in the disposing of Haleigh's little body and because of that fact he has not wanted to have to implicate HIMSELF by coming out with the truth about Joe. So 1st question would be if Tommy was threatened by gun, knife, etc after witnessing Joe kill Haleigh and was forced by the threat of death by this weapon&that his children would be harmed if he did not help Joe dispose of the body, therefore being forced into helping. What would Tommy's culpability be? And what would he be facing as far as charges for his part in disposal, even if done because of threats? 2nd question would be similar but with charges pertaining to Misty. If she were to also have been witness to Joe murdering Haleigh and then threatened with gun, knife, etc that she would be killed if she told but differs from Tommy in that Joe did NOT force her to participate in disposal. what would her culpability be in witnessing murder and forced by threats of being killed into covering up&not telling the truth. What charges would she be facing if these were the facts of what happened? ... So I guess mainly Im wanting to know if they were infact threatened in such ways(esp. Tommy forced to participate out of fear for harm to his kids)Would these circumstances make ANY DIFFERENCE IN WHAT CHARGES THEY FACED, and what those charges would be....
I hope that made enough sense explaining my 2 questions... TIA to whomever takes the time to read and/or answer...

My understanding of Florida law is that, if Tommy or Misty acted under duress, they would face no criminal liability, unless they actually participated in the murder.

The 7 depositions scheduled on drug charges 05/19/2010 starting AT 11:00 AM in Misty's Drug Case. Why is it that deop's are happening in Misty's case and not the other 4 that were charged? I am under the impression that it is the officer's that are being depo'd. Is that correct?
Thanks! :blowkiss:

I'm not sure what the question is. It sounds like her lawyer noticed the depositions. The other defendants' lawyers I guess did not notice any depositions.

 

[MADJGNLAW]

What does this mean? AMENDED NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY TIA :blowkiss:

"Snip" http://www.putnam-fl.com/clk_apps/crim_dkts/frame.php
UCN: 542010CF000164XXAXMX
File Date: 01/22/2010
Judge: EDWARD E HEDSTROM
Case Status: PENDING CASE
Defense Atty: WERTER, JAMES S
Case File Location: CRIMINAL DIVISION

Defendant: CROSLIN, HANK T JR

Date # Docket Description
01/22/2010 1 COMPLAINT - PCSO DET. L SMITH (1/19/10)

01/22/2010 1 BOOKING NUMBER: N/A

01/22/2010 1 BURGLARY OF DWELLING

01/22/2010 1 GRAND THEFT

01/28/2010 8 ADD ON CHARGES

05/17/2010 9 NOTICE OF APPEARANCE AND APPLICATIO TO THE CLERK FOR

05/17/2010 9 COPY OF THE INDICTMENT OR INFORMATION AND THE

05/17/2010 9 ENDORSEMENTS THEREON FILED BY: JAMES S WERTER

05/25/2010 10 AMENDED NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY

 

[sherryk]

what does Ronald need a plea deal for..the evidence in the tapes video of drug selling is apparent they do not need him.... he knows no more than he stated about haleigh missing.. so what can he possibly testify about.. not the drug deals. I do not think he is involved and if he knew somthing about Haleigh he would of gladly told all he knows..what is the point of a plea deal.. is it just the fact that they have some sympathy for the guy and want to lessen his sentence for him.

 

[LoveEndsWar]

what does Ronald need a plea deal for..the evidence in the tapes video of drug selling is apparent they do not need him.... he knows no more than he stated about haleigh missing.. so what can he possibly testify about.. not the drug deals. I do not think he is involved and if he knew somthing about Haleigh he would of gladly told all he knows..what is the point of a plea deal.. is it just the fact that they have some sympathy for the guy and want to lessen his sentence for him.

My best guess is that he is naming names of his suppliers? Just wanted to give you a response.

 

[Patty G]

What does "Certificate of Completion" mean with regards to Lindsay and Tommy's Divorce? Thank you.

UCN: 542010DR000740FDXXXX
File Date: 04/28/2010
Disposition Date:
File Type: DISSOLUTION
Judge: A W NICHOLS III
Case File Location: CIRCUIT JUDGE DIVISION 54

Plaintiffs CROSLIN LINDSY KATE
Defendants CROSLIN HANK

Date Docket Description
04/28/2010 001.CIVIL COVER SHEET
04/28/2010 002.PETITION FOR DISSOLUTION OF MARRIAGE
04/30/2010 003.SUMMONS ISSUED TO: HANK CROSLIN
04/30/2010 004.FILING FEE RECEIPT
05/10/2010 005.RTN OF SVC ON HANK CROSLIN SVD 05/03/10 DUE 05/23/10
05/10/2010 DEFAULT AVAIL 05/28/10
05/10/2010 006.RESPONSE TO SUMMONS : HANK CROSLIN
06/02/2010 007.NOTICE OF CASE MGMT CONFERENCE 06/29/10 AT 01:30
06/29/2010 008.FAMILY COURT MINUTES
06/29/2010 009.CASE MGMT ORDER : HEARING 07/20/10 AT 11:00
07/20/2010 010.FAMILY COURT MINUTES
07/21/2010 011.ORDER TO TRANSPORT HANK CROSLIN : AWN
07/21/2010 012.NOTICE OF HEARING/AWN FOR 07/30/10 AT 08:30
07/29/2010 013.NOTICE OF FILING - CERTIFICATE OF COMPLETIION
http://www.putnam-fl.com/clk_apps/civ_dkts/frame.php