To Good Friends

This recession is certainly taking its toll.  Spoke to a good friend today who works for a lawyer in private practice: 3 years without a raise and business is down.  I usually hear from friends in county and state positions where furloughs, layoffs, and more work with less personnel is the norm.  Very frustrating times - for those of us who work.  Hang in there!  I still think a bad job is better than no job.

LC

When Writing a Judge

For heaven's sake if you decide to write the judge a letter, please don't admit to a crime.  In fact, don't write the judge at all.  The judge's role in a criminal case is as the tryer of the facts only.  A judge can not act as an advocate or give legal advice.  The defense attorney will present any evidence during hearings and trial.  The judge does not care that your mother is sick or your girlfriend is expecting a baby.  You should have thought about that before you got into trouble!!

Good luck!

LC

Florida Judges

Working in the court system gives me the opportunity to tell you about state courts system judges.  In our circuit, the judges work very, very hard.  Not only do they work hard on their own dockets, but also volunteer and fill in when other judges are on vacation or out sick.

The notion of judges taking Friday off and spending the day playing golf is outdated and untrue.  When the judges aren't in court hearing cases, then they're up in their offices signing paperwork, composing orders and doing research.  They are often out in the community, as well, as guest speakers at schools and community outreach programs.

Judges have been given a lot of bad press lately in our state newspapers.  What I can say is that I'm honored to work with the judges here in our circuit.  They serve the State and our local community well.

LC

Taking Responsibility

If you are the friend or a family member of a defendant in a felony action, do not write the judge, the clerk, the assigned state attorney or public defender.  You might care deeply about the defendant, but you are not a party in the case and you can not take any action on behalf of the defendant.  Only an attorney can give legal advice and unless you are sworn in to give testimony at trial or sentencing, it's highly unlikely you will be allowed to speak in court.

In felony cases, the defendants are adults and have to take responsibility for themselves.  Mommy can't plead for mercy or ask for drug treatment for her son/daughter instead of prison time.  It's time to grow up!

LC

Just Nuts - Using Student Loans to Pay Off Court Costs

Argh!  Our government really needs to wake up.  I was fortunate that I didn't have to take out any student loans when I went to college in the 1980's, but this is a 'come on, man!' moment.  Defendant asking for more time to pay his court costs; his student loan comes in next Friday.  If only the government knew (or cared) that some students consider court fines as 'living expenses' when they attend college.

I don't think if you've been adjudicated guilty for any felony that you should qualify for a government student loan.  That money is never going to be paid back.  Your tax dollars at work.  Geez!

LC

Surprisingly, A Good Day

I had a pretty good day at work today.  I was busy, but the good kind of busy.  Not chaos.

I did receive a pro se motion to modify probation, so I thought I'd tell you a little about court costs.  The defendant requested that his court costs be waived.  This is one of the most common motions received from defendants after their cases have been disposed.  A judge can not waive court costs; they are statutorily mandated by the State.

The court can waive the costs of supervision by DOC probation, however, only when a defendant is unemployed.  Here in my area, two things can happen when a defendant can't or won't pay court costs.  The best option is to go to the Clerk of Court, get a final accounting of all costs owed on all cases (including traffic citations!) and request a collections court date.  The collections court judge can establish a payment plan based on the financial information that a defendant gives in court under oath.

The other option isn't the best: a deficiency judgment.  The Clerk is not only the keeper of county records, but also the keeper of county finances.  The clerk will send a notice to the defendant of past due court costs and give a final payment due date.  If the defendant fails to pay the amount owed, the clerk will enter a deficiency judgment, turn the account over to a collections agency, then send a notice to the DMV to suspend the defendant's driver's license until the judgment is satisfied.

So keep your payments current and don't violate your probation.  Probation is a privilege, not a right.

LC

Another Day, Another Pro Se Letter

Ugh, I thought I was going to have a good day, but the afternoon again was Chaos.  Amongst the insanity, I received a letter from a defendant addressed to the court.  He apologized for missing court and asked for another chance; he promised never to miss another court date.

Here's where my free legal advice comes in - in between my rants, that is.

If you find yourself in the unfortunate situation of becoming a party in a legal action and receive a summons, especially if you see the word ARRAIGNMENT or TRIAL SCHEDULING, this piece of paper is not an invitation which you can r.s.v.p.  If you fail to appear for an arraignment date, the court will issue a bench warrant for your arrest and any bond you posted will be forfeited.

And if you can avoid it, don't post a cash bond for a friend or family member.  Even if they appear for every court date, the money you posted will be seized to cover any outstanding court costs.  At least that's how it works in Florida.  If you do post the bond, just expect the money to go poof.  It you get some or all of your money back at the conclusion of the case, then you made a great investment in your friend or family member.

Stay safe and out of trouble, if you can.

LC

What Set Me Off Today

I don't want to list a specific job title in my Profile, except to say that I'm a government worker and handle a ton of paperwork and phone calls.  The document I received today was actually filled out correctly and legible!  But I was so frosted.

Mr. X is a convicted sex offender on probation.  He filed a motion to modify his probation to remove his GPS, resume activities with his children, including going to school, parks and other locations where children play, and travel between counties without having to report to his probation officer.  I could feel my emotions get the better of me and I wanted to rip the paper to shreds, but I have a job to do!

Lucky for me, when I looked up his case in the clerk database, I saw that his probation officer had filed an affidavit of violation and there is an outstanding warrant for his arrest.  So rest easy tonight, this scumbag will be off the streets very soon.  Motion denied.

LC

First Try At Blogging

After another rough day at work, I thought I'd try my hand at blogging.  I'm not sure if writing down some thoughts and experiences will be therapeutic or not.  I might just get more frustrated and angry!  I hope to intersperse some free legal advice in between my rants.  If I help just one person, the blog will be worth it.

So something positive first: I respect public defenders so much.  They are the most dedicated and hard-working state employees that I know of.  There's a lot of negative press here in Florida about lazy state employees and state pensions.  The public defenders of any state not only deserve more money and a pension, but the gratitude of the public.  Our system seems broken at times, but without the hard, often thankless work of the public defenders, trust me, things would be a lot worse.

My hat is off to public defenders everywhere.  I'm passing you a virtual hand sanitizer so you can clean up after going through your daily jail mail!

LC