tag:blogger.com,1999:blog-9615048.post1251453358240094372..comments2024-03-18T16:53:45.062-04:00Comments on Southern District of Florida Blog: "Our system of pleas then looks more like a system of railroading."David Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-9615048.post-20228397970719735672012-07-18T10:05:24.098-04:002012-07-18T10:05:24.098-04:00Just to be clear. I am not the anon that posted a...Just to be clear. I am not the anon that posted at 1:20 pm. I posted at 10:27. Nothing to do with that other post. My name is Justin R Parafinczuk.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-4345641978560107372012-07-17T19:20:03.172-04:002012-07-17T19:20:03.172-04:00Chump. All mouth no show. Anonymous coward to boot...Chump. All mouth no show. Anonymous coward to boot.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-50694261349797957052012-07-17T16:27:13.835-04:002012-07-17T16:27:13.835-04:00It bothers you so much that 1) I have paying clie...It bothers you so much that 1) I have paying clients and 2) I get to try serious cases. <br /><br />Care for a little wager? Take your foot out of your mouth, stop sitting at home going on porn sites and put your money where your mouth is. $1,000 a felony jury trial- fed and state. DOM will judge I can show plus 110 in Dade alone. How about you?Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-41582539893201438102012-07-17T13:20:34.050-04:002012-07-17T13:20:34.050-04:00rumpole - trial tax on ticket cases? come on bro.....rumpole - trial tax on ticket cases? come on bro....leave the trial discussions to trial lawyers.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-658400533974528332012-07-17T11:19:17.992-04:002012-07-17T11:19:17.992-04:00Right barn, wrong horse. The coercive nature of cr...Right barn, wrong horse. The coercive nature of criminal court is not the appellate waiver. It's the trial tax- the enhanced sentence the prosecution seeks when you go trial and lose. The way to handle this- as a state court practitioner told me recently he does in all cases- is when the defendant announces that he wants to go to trial and the prosecution then says either it is revoking the plea offer or will see x more time after trial is to stop the proceedings and ask why? What will change during the trial other than the defendant invoking his or her constitutional right to make the prosecution prove their case? Why should a person be punished for making the prosecution work? Now of course there can be very limited exceptions- going to trial when a child victim has to testify has traditionally been a reason in state court that the prosecution would revoke a plea offer and seek a higher sentence. But beyond that, defense attorneys need to out prosecutors and judges on the spot when they threaten the client. The case law about vindictive sentencing is out there. We need to use it.Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-9615048.post-88751846405512377232012-07-17T10:27:49.960-04:002012-07-17T10:27:49.960-04:00I really like your blog. But, can you lay off the...I really like your blog. But, can you lay off the appellate waivers for a bit. As soon as I see the header, I go to another page. Maybe It's just me, not you.Anonymousnoreply@blogger.com