Showing posts with label criminal defense lawyer. Show all posts
Showing posts with label criminal defense lawyer. Show all posts

Friday, August 19, 2011

Judge makes mistake and goes after criminal defense lawyer

This story really amazes me:

At issue: Anthony pleaded guilty to 13 charges in a check fraud case in January 2010. Judge Stan Strickland sentenced her to time-served in jail, and a year of probation after her jail release.

But last month, when Anthony was acquitted of murder and released from the Orange County Jail, she wasn't put on probation. The Department of Corrections said Anthony served that probation in jail while she was awaiting the murder trial.

Soon after her release, Strickland amended his original order clarifying his intentions, which were clear in video and transcripts from the January 2010 sentencing.

Anthony's defense team objected, and Perry heard arguments from attorneys earlier this month.

Perry asked the defense team if they knew Anthony was serving her probation while she was in jail. One of Anthony's attorneys admitted that they did, but didn't think it was their burden to notify the court.

Perry eventually issued an order stating Anthony does have to report to probation.

In that order, Perry took up the issue with the attorneys too, saying that, "the failure to abide by that order and the failure to notify the court of a known scrivener's error in the order may be a violation of an attorney's duty of candor."

"No attorney should conduct himself or herself in a way that impedes an order of the court. ... Our system of justice should never be in the position of rewarding someone who willfully hides the ball."


This investigation reminds me of the old F. Lee Bailey quote after he was charged with mail fraud: In England, a criminal defense lawyer is apt to be knighted, in America, he is apt to be indicted.

This is especially true where the criminal defense lawyer is representing an unpopular defendant like Casey. The Florida Bar should quickly clear Jose Baez.