Discussions about Legal Matters in Haleigh's case

1Chump

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Please use this thread for verified lawyers only. I'm moving the other posts, which are thoughtful and helpful, to the regular Q & A thread. :blowkiss:

Is there a way we could have a thread to discuss the questions in this thread other than the regular Q & A? Maybe a "Discussion of Legal Questions" thread. I'm sure that there are others like me with a legal background who would love to discuss this thread but either are not attorneys or are attorneys but do not feel comfortable posting as attorneys. That would allow a discussion of legal aspects without giving legal adivce.
 
Your wish is my command! :blowkiss:

This is for those who want to discuss legal matters without the requirement of a verified attorney.

Please note that because there is no law background required in this thread, the information could be interpreted very differently in a court of law.
 
Your wish is my command! :blowkiss:

This is for those who want to discuss legal matters without the requirement of a verified attorney.

Please note that because there is no law background required in this thread, the information could be interpreted very differently in a court of law.

Boy you are fast...thank you.
 
Since Ron has requested his bond be lowered......will that require a hearing, or is it something they can just sign off on?
 
There was a question asked about could another defendant have talked Hope into pleading "no contest" to benefit themselves.

That reminded me of that saying that "a little bit of knowledge is a dangerous thing."

I thought it might be interesting to discuss why someone might want Hope to plead no contest and the ways it could backfire.

The first thing I thought of was the most obvious. By having Hope plead no contest, Hope is not trying to make a deal with the prosecutors. They do not have to worry about her ratting them out to make a deal. No contest means no deal.

But they also might think that by getting her to plead "no contest" they could then try to blame it on her. We know this bunch is great at pointing figures. Maybe try to argue that she was the ringleader and that is why she plead "no contest" while they all plead "not guilty."

Then I realized that there are more ways that Hope pleading "no contest" and getting 15 years could backfire.

Now if Hope is called as a witness, she has to testify against them. Hope cannot refuse to testify based on violation of her 5th Amendment rights to self incrimination. She has been convicted. She no longer has the threat of testifying and her testimony being used against herself. Hope is now free to talk and talk and talk.

Hope even looks more credible now because she did not make a deal. If Hope had made a deal, the defense attorney would ask her on the stand if she was testifying to get a reduced sentence. Now Hope can testify than state truthfully that she has no deal.

Now that bunch also has to deal with Hope's family. Before she was sentenced, they may have kept quiet about what they might know, what they were told or what they heard. Now, her family is very angry that she is going away for 15 years. I will bet her Mom and others will be trying to make sure the others pay as much if not more than she does.

Any other theories on why someone might want Hope to plead no contest or how it could backfire on them.
 
Gotta scoot but Hopes sentence was a mandatory 15 yrs and mandatory $250,000 fine. That's only for the one count. I'm not a lawyer but with all the other counts players are facing. They should be running, not walking to start making honest statements now. The time to deal if the SA is having any deals is now. Run Players Run!
 
Since Ron has requested his bond be lowered......will that require a hearing, or is it something they can just sign off on?

While the Judge could sign off it it, it will most likely be discussed at the next hearing.

Does anyone know why he asked for reduced bail?
 
While the Judge could sign off it it, it will most likely be discussed at the next hearing.

Does anyone know why he asked for reduced bail?
I would guess it's because he wants out of jail. It will be interesting to see if the judge reduces, will he be going in front of the same judge that sentenced Hope ? I don't see how he can get any considerable reduction with all of the trafficking charges he has against him. I wonder if he has ever had any failure to appears on his record. His past criminal history should be taken into consideration also, right ?

We should get a good idea on the states stand with Ron when they address this in court.
 
There was a question asked about could another defendant have talked Hope into pleading "no contest" to benefit themselves.

That reminded me of that saying that "a little bit of knowledge is a dangerous thing."

I thought it might be interesting to discuss why someone might want Hope to plead no contest and the ways it could backfire.

The first thing I thought of was the most obvious. By having Hope plead no contest, Hope is not trying to make a deal with the prosecutors. They do not have to worry about her ratting them out to make a deal. No contest means no deal.

But they also might think that by getting her to plead "no contest" they could then try to blame it on her. We know this bunch is great at pointing figures. Maybe try to argue that she was the ringleader and that is why she plead "no contest" while they all plead "not guilty."

Then I realized that there are more ways that Hope pleading "no contest" and getting 15 years could backfire.

Now if Hope is called as a witness, she has to testify against them. Hope cannot refuse to testify based on violation of her 5th Amendment rights to self incrimination. She has been convicted. She no longer has the threat of testifying and her testimony being used against herself. Hope is now free to talk and talk and talk.

Hope even looks more credible now because she did not make a deal. If Hope had made a deal, the defense attorney would ask her on the stand if she was testifying to get a reduced sentence. Now Hope can testify than state truthfully that she has no deal.

Now that bunch also has to deal with Hope's family. Before she was sentenced, they may have kept quiet about what they might know, what they were told or what they heard. Now, her family is very angry that she is going away for 15 years. I will bet her Mom and others will be trying to make sure the others pay as much if not more than she does.

Any other theories on why someone might want Hope to plead no contest or how it could backfire on them.

Great points 1! (sorry, I just can't call you "chump" :angel:) I was able to see the down-side of Hope's plea in terms of how it may benefit Ronald when his case is heard, but I wasn't able to see the other, possible side, of the scenerio. Thank you for sharing that!
 
Since Ron has requested his bond be lowered......will that require a hearing, or is it something they can just sign off on?

I would suspect there will have to be a hearing -for some reason, I don't think the SA is gonna be generous and say sure, let Ron out to walk around we won't argue against it, unless of course Ron has told the SA some things they want to know and feel confortable in believing.
 
I know very little about law, but I wondered if it will be part of his scheduled hearing in May.

I believe that is what will happen. The judge will hear this motion at the pre-trial hearing on May 13th, rather than schedule another hearing and have Ron brought back for another court date.
 
I am wondering why the others in jail haven't asked for a bail reduction hearing. Could Ron, or the family, know someone that may be willing to get him out for a lesser amount ?
 
I can't see Ronald getting a bond reduction but I can sure see him trying - IMO, reserve your seats now because we're about to see a great performance (yep, another one...) by Ronald!
I can just hear it now;
Attorney: My client, Ronald C... would like to address your honor
Judge: That's fine
Ronald: Thank you your honor for letting me talk to ya' all. I went to werk one night to earn an honest livin so I could feed my two ki...my children I take care of all by myself cause the court told me I was the best parent, better than they're own mama, to be with. While I was at werk to earn an honest livin your honor, someone done gone and picked the lock or used a crow bar to break into my home and stole my ki...my heart. My bi, ahhh... girlfriend was watching em' but I didn't know my girlfriend was underage til the media donegone and reported it cause she tol' me she was 18 when I met her at my ki..my child's bus-stop. Since the media done gone and reported that I lived with an under-age girl everybody thinks I'm a child molesta' and nobody'll hire a child molesta your honor. Then my friend John.. Detective John Merchant done told me that my girlfriend was "the key" in my ki...my chil...my heart's disappearance. I was scared she'd up and leave on me so I figured I betta keep my friends close and my enemies closer. (wink)That's why I done went and married her your honor, to keep her clos..to find out where my ki...chil...my heart was. After I done went and married her everybody started cusing me of being in on it, ahhh..my child's disappearance and nobody'll gonna hire me cause they all think I done gone and killed my ki..my child your honor. So I decided to divorce her cause I needed to get a job to feed my other ki..my son. She were'nt tellin me nothing anyways bout my ki...my child's disappearance even though me and my granny tried everything to get her talkin'. We fed her, put a roof over her head, and though I'm not proud of it your honor, we even bought cigarettes for her to keep her happy. I'm guilty as charged of that, I admit it your honor and you can do with me what you all like, I ain't gonna lie bout it. After I divorced the bi...her, John told me, ahhh... Detective John Merchant your honor, that they'd never be able to prove nothing without her being in jail where they could get a really good go at her you know... to question her real good your honor and I knew the only way this was gonna happen was gonna be me putting myself "out there", you know what I mean your honor (wink). I had to make like I was right in it with her even though I was scared cause I never done nothing like that your honor. I knew UC's got them there video tapes cause John...Detective John Merchant told me bout that once so I knew if I done gone and got arrested and cused of being in on it with her, you'd all see the tapes and know that were't true - Course I had to "act" real good otherwise she'd been on to me so I'd make it look like I put a pill in my mouth but I never really did done gone and swallowed any of em' your honor - first chance I'd get, I spit em' all out but they don't show that on those there video movies your honor. Anyways your honor you can see the proof for yourself cause, just like John...Detective John Merchant said, there's done gone and been more talkin' in this case, chit...sorry your honor, even Jeff...Sheriff Hardy said that people was startin talkin and that's cause of me your honor. Sides your honor, I got another ki...son that I gotta raise all by myself cause his mama ain't no good. She's a drug-addict and she don't work and she got no insurance your honor. Now I know what you all are thinking...I don't have a job either but I'm gonna have one cause I got people who know what I done and why I done it your honor so they send me money cause they believe in what I done and they're gonna help me write a book tellin my story cause people'd pay good money for it cause of who I am. So your honor I hope you all will see what those there video-movies don't show and set me free cause Imma father of a missing ki...child and I gotta go raise my other ki...my son cause ahhh...he's my son and ahhh... I'm his daddy, not nobody else, you know what I'm sayin' your honor (wink).

Meant in humor only ~
 
For some reason, didn't we discuss earlier that if they wanted to be bonded out there would have to be a hearing to determine their bond money didn't come from criminal sources. I forget what the legalese for the hearing is.
 
For some reason, didn't we discuss earlier that if they wanted to be bonded out there would have to be a hearing to determine their bond money didn't come from criminal sources. I forget what the legalese for the hearing is.

A Nebbia Hearing.

All of them that were arrested on the trafficking charges will need a Nebbia Hearing before/if they get bonded out.
 
I am wondering why the others in jail haven't asked for a bail reduction hearing. Could Ron, or the family, know someone that may be willing to get him out for a lesser amount ?

Donna asked for a bail reduction and was denied it.


St. Johns County
Telephone (904) 819-3600
Fax (904) 819-3661
Email: mdearing@sjccoc.us
St. Johns County Clerk of Courts
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Court Docket Court Case Web
Case Number: 10000130CFMA Status: OPEN
Clerk File Date: 1/21/2010 Status Date: 1/21/2010
SAO Case No: (N/A) Total Fees Due: 0.00
Booking No: 100331
Agency: FDLE Custody Location: COUNTY JAIL
Judge
BERGER, WENDY W

Plaintiff Attorneys
STATE OF FLORIDA ROYS, JACQUELYN

Defendant Attorneys
BROCK, DONNA MICHELLE HINES, MICHAEL P

Charges: Disposition:
TRAFFICKING IN OXYCODONE (28 G - 30 KG) (893.135 1c1c) (N/A)

Case Number Party Type Charge Case Status Disposition Fees Due Next Court Event

Date Event Judge Location Result
6/21/2010 9:00:00 AM FELONY JURY TRIAL BERGER, WENDY W Courtroom 328
6/15/2010 9:00:00 AM FELONY DOCKET CALL BERGER, WENDY W Courtroom 328
4/6/2010 9:00:00 AM FELONY PRETRIAL BERGER, WENDY W Courtroom 328 CONTINUED
3/8/2010 1:30:00 PM FELONY ARRAIGNMENT BERGER, WENDY W Courtroom 328 COMPLETED
2/17/2010 1:30:00 PM CRIM BOND HEARING BERGER, WENDY W Courtroom 328 RESET
2/17/2010 1:30:00 PM FELONY HEARING BERGER, WENDY W Courtroom 328 COMPLETED
2/17/2010 1:30:00 PM CRIM BOND HEARING BERGER, WENDY W Courtroom 328 COMPLETED
2/10/2010 1:30:00 PM CRIM BOND HEARING BERGER, WENDY W Courtroom 328 CONTINUED

Image Date Docket Text
4/6/2010 ACKNOWLEDGMENT FILED
4/6/2010 FELONY JURY TRIAL SET FOR 06/21/2010 AT 9:00 AM IN 328/ , JDG: BERGER, WENDY W
4/6/2010 FELONY DOCKET CALL SET FOR 06/15/2010 AT 9:00 AM IN 328/ , JDG: BERGER, WENDY W
3/10/2010 SUPPLEMENTAL DISCOVERY/WITNESS LIST
2/22/2010 ORDER ON DEFENDANT'S MOTION FOR REDUCTION OF BAIL (DENIED)
2/17/2010 MOTION FOR BOND (NEBBIA HEARING) - TAKE IT UNDER ADVISEMENT
2/10/2010 ACKNOWLEDGMENT FILED
2/10/2010 FELONY HEARING SET FOR 02/17/2010 AT 1:30 PM IN 328/ , JDG: BERGER, WENDY W
2/10/2010 CRIM BOND HEARING SET FOR 02/17/2010 AT 1:30 PM IN 328/ , JDG: BERGER, WENDY W
2/10/2010 ACKNOWLEDGMENT FILED
2/10/2010 FELONY PRETRIAL SET FOR 04/06/2010 AT 9:00 AM IN 328/ , JDG: BERGER, WENDY W
2/8/2010 NOTICE MAILED TO ATTORNEY (DEFENDANT)
2/8/2010 FELONY ARRAIGNMENT SET FOR 03/08/2010 AT 1:30 PM IN 328/ , JDG: BERGER, WENDY W
2/5/2010 DEMAND FOR RECIPROCAL DISCLOSURE
2/5/2010 STATE'S DISCOVERY EXHIBIT
2/5/2010 PROSECUTOR: ROYS, JACQUELYN ASSIGNED
2/4/2010 NOTICE OF HEARING
2/4/2010 EMAIL FORM SUSIE RESETING BOND HEARING
2/4/2010 CRIM BOND HEARING SET FOR 02/10/2010 AT 1:30 PM IN 328/ , JDG: BERGER, WENDY W
2/3/2010 INFORMATION
2/3/2010 FILED SEQ: 1 SAME - (893.135 1C1C) TRAFFICKING IN OXYCODONE (28 G - 30 KG)
2/3/2010 CRIM BOND HEARING SET FOR 02/17/2010 AT 1:30 PM IN 328/ , JDG: BERGER, WENDY W
2/2/2010 NOTICE OF HEARING (MOTION TO REDUCE BAIL)
1/29/2010 MOTION TO REDUCE BAIL
1/29/2010 MOTION FOR STATEMENT OF PARTICULARS
1/29/2010 DEFENDANTS NOTICE OF INTENT TO PARTICIPATE IN DISCOVERY
1/29/2010 NOTICE OF APPEARANCE (MICHAEL HINES)
1/29/2010 DEFENSE ATTORNEY: HINES, MICHAEL P ASSIGNED
1/28/2010 MOTION TO WITHDRAW & APPOINT REGIONAL CONFLICT COUNSEL (RENEE PESHEK)
1/21/2010 WARRANT FOR ARREST EXECUTED ON 1/20/2010 BY ST JOHNS COUNTY SHERIFFS DEPT
1/21/2010 APPLICATION FOR INDIGENT STATUS APPROVED
1/21/2010 ORDER REQUIRING PRODUCITON AND DISCLOSURE OF SOURCE OF BAIL PREMIUM AND COLLATERAL (NEBBIA HEARING) PRIOR TO DEFENDANT'S RELEASE ON BAIL
1/21/2010 MOTION FOR PRODUCITON AND DISCLOSURE OF SOURCE OF BAIL PREMIUM AND COLLATERAL PRIOR TO DEFENDANT'S RELEASE ON BAIL (NEBBIA HEARING)
1/21/2010 FIRST APPEARANCE FORM
1/21/2010 SWORN COMPLAINT
1/21/2010 JUDGE BERGER, WENDY W: ASSIGNED
1/21/2010 CASE FILED 01/21/2010 CASE NUMBER 10000130CFMA
1/19/2010 ARREST SEQ: 1 - (893.135 1C1C) TRAFFICKING IN OXYCODONE (28 G - 30 KG)
1/19/2010 WARRANT FOR ARREST ISSUED: SWORN COMPLAINT FILED
 
There was a question asked about could another defendant have talked Hope into pleading "no contest" to benefit themselves.

That reminded me of that saying that "a little bit of knowledge is a dangerous thing."

I thought it might be interesting to discuss why someone might want Hope to plead no contest and the ways it could backfire.

The first thing I thought of was the most obvious. By having Hope plead no contest, Hope is not trying to make a deal with the prosecutors. They do not have to worry about her ratting them out to make a deal. No contest means no deal.

But they also might think that by getting her to plead "no contest" they could then try to blame it on her. We know this bunch is great at pointing figures. Maybe try to argue that she was the ringleader and that is why she plead "no contest" while they all plead "not guilty."

Then I realized that there are more ways that Hope pleading "no contest" and getting 15 years could backfire.

Now if Hope is called as a witness, she has to testify against them. Hope cannot refuse to testify based on violation of her 5th Amendment rights to self incrimination. She has been convicted. She no longer has the threat of testifying and her testimony being used against herself. Hope is now free to talk and talk and talk.

Hope even looks more credible now because she did not make a deal. If Hope had made a deal, the defense attorney would ask her on the stand if she was testifying to get a reduced sentence. Now Hope can testify than state truthfully that she has no deal.

Now that bunch also has to deal with Hope's family. Before she was sentenced, they may have kept quiet about what they might know, what they were told or what they heard. Now, her family is very angry that she is going away for 15 years. I will bet her Mom and others will be trying to make sure the others pay as much if not more than she does.

Any other theories on why someone might want Hope to plead no contest or how it could backfire on them.


I really don't think Hope even knew what she was pleading. I am not sure, but the way she talked it seemed like her lawyer told her to plead that way and it wasn't her idea. When her mom brought it up on the phone she said her lawyer plead that way and then asked her mother what she should have plead....It seemed like her mom thought she had a good lawyer, but was confused to why she was told to plea that way. I don't see her lawyer not advising her to plea another way if it would be better for her. Maybe Hope was playing dumb, but she seemed to not even understand what was going on with her case. I don't think Ron or anyone could have talked to her lawyer.....The whole thing is kinda shady and confusing.
 
I have a question, but I don't know if this is the correct thread or not. Mods please move if not.

When a sentence combined with a fine, like in Hope's case, how does the person pay this off, if they are without means and now have a record and no way to get employment? I guess what I am asking is, how on Earth can she do the 15 years, then come up with $250,000 and pay that to the court? She will be a convicted felon, no education and she owes all this money. Can she go back to jail if she can't pay it?
 
Does anyone know if Donna had a criminal record before this ? If she didn't and was denied the bond reduction, I don't see much hope for Ron.
 

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