By David Zapp, Esq.
You’re Not Smarter Than The Government
Before the Federal government presses charges, it weighs all the pros and cons the same way a defendant would. They have thought of every defense a defendant has thought of. So if a narcotics defendant is overheard saying that “the cows” have to be in Miami by Thursday,” you can bet the government will check whether the defendant is in the cattle business.
He Said He Was Innocent!
Lawyers should not think they can escape an “ineffective assistance of counsel” claim by claiming that the client said he was innocent. A lawyer is obligated to protect a client from himself. In Burt vs. Titlow 571 U.S. ___ (2013) Supreme Court Justice Sotomayor said:
“Regardless of whether a defendant as-serts her innocence (or admits her guilt), her counsel must ‘make an independent examination of the facts, circum-stances, pleadings and laws involved and then . . . offer his informed opinion as to what plea should be entered.’ A defendant possesses “‘the ultimate authority’” to determine her plea.” Florida v. Nixon, 543 U. S. 175, but we state that ‘a defendant’s proclama-tion of innocence does not relieve counsel of his normal responsibilities …’”
“[Our] statement about the facts of this case does not imply that an attorney performs effectively in advising his client to withdraw from a plea whenever the client asserts her innocence . . . . Had respondent made a better factual record—had she actually shown, for example, that counsel failed to educate himself about the case before recom-mending that she withdraw her plea—then she [the respondent] could well have prevailed [on her ineffective assistance of counsel claim.] id.
Dead Men Tell No Tales But Inmates Do
Inmates in federal and state jails are always looking for a way to get out of jail and throwing another inmate under the bus is one of those ways. So if you conspire with a fellow inmate, don’t be surprised if he turns you in. Some of you will see this as a warning, but, unfortunately, others will still see it as a challenge.
Ex-Brooklyn Prosecutor Charles J. Hynes Accused of Misuse of Funds
Just what an 80-year old man needs, a criminal investigation against him. And what is causing him the most concern: e-mails! Corrlinks is no place for serious and incriminating conversations.
No One is Above the Law: Prosecutors Said to Recommend Charges Against Former Gen. David Petraeus
The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against retired Gen. David H. Petraeus for providing classified information to his former mistress while he was director of the C.I.A., a charge that could send the pre-eminent military officer of his generation to prison.
Judge denies ex police chief Kerik’s bid to end supervised release to battle ISIS
Bernie Kerik said he could help save the world from ISIS if he were a free man — but a federal judge on Friday wasn’t buying the disgraced former NYPD chief’s bizarre claim, rejecting a bid for an early end to his post-jail supervised release.
In a one-page ruling, chief Manhattan federal Judge Loretta Preska said the ex-top-cop “has demonstrated no extraordinary circumstances to warrant” getting out of his parole supervision early. Kerik had argued that travel restrictions prevented him from accepting lucrative consulting gigs and helping to stop ISIS.
But Preska sided with federal prosecutors — who said Kerik lacks credibility and “has shown an utter lack of contrition” for crimes including lying to White House officials vetting him for the job of Homeland Security chief.
Commentary: The big, the little. Doesn’t matter to the government. You gotta respect that.