Time for a legal check up?
This past week another individual, this time in Walton County, had a conviction overturned by the First District Court of Appeals on double jeopardy grounds. This is a scenario we see happen repeatedly and one where the precedence is clear.
The case was Hooks v. State of Florida and the appellant was charged with traveling to meet a minor to engage in sexual conduct and unlawful use of a two-way communications device to facilitate the commission of a felony. Essentially two charges arising out of the same act and hence double jeopardy – being charged for the same crime twice.
The Florida Supreme Court precedent is State v. Shelley, 176 So. 3d 914 (Fla. 2015), and the constitutional argument is based on the Fifth Amendment to the United States Constitution, which provides that “[n]o person shall … be subject for the same offence to be twice put in jeopardy of life or limb.” U.S. Const. amend. V. And, article I, section 9, of the Florida Constitution provides that “[n]o person shall be … twice put in jeopardy for the same offense.” Art. I, § 9, Fla. Const.
This is a scenario we see play out over and over and over and it’s unfortunate that (1) prosecutors keep charging these individuals this way, and (2) trial courts keep getting it wrong. It takes an appeal to correct this wrong and sadly that is a very costly and time consuming process that very few (who are likely locked up as they go through this process) can sustain. Even more unfortunate is the fact that to correct this wrong, one needed to fight their charges in the first place and given the fact that most cases result in a plea, you have to wonder how many individuals were railroaded into a plea under the threat of having unconstitutional additional charges stacked against them.
Another situation where individuals have gotten railroaded is in these online sting operation where law enforcement pretending to be minors go trolling in adult chat rooms and adult dating sites for people they claim were looking for children. This common scam (yes, lets face it, it’s not all cases but so many cases this is a bait and switch scam) is another one that’s been happening for a while. Journalist Noah Pransky covered it more than 5 years ago. Many of these stings violated policies and procedures established by the Internet Crimes Against Children Task Force. A lot has emerged over the past few years exposing this rule-breaking on the part of law enforcement and in today’s climate where police misconduct is being exposed, the time might be ripe to bring this to the forefront.
For those who took pleas, your options might be limited because you entered an agreement that, in most cases, contained a waiver of appeal and other rights you might have, but for those who didn’t, you might want to speak with the attorney who represented you to see if any new developments might benefit your case.
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So many people have double jeopardy it’s crazy and not just SOs. A defendant has the right to accept an illegal sentence. However once you accept a plea you can fight it if you didn’t know. A cautious prosecutor will often charge double jeopardy charges incase one doesn’t stick. That I read in Florida law weekly 20 years ago. Different subject we need to be fighting the sanctions angle and everyone get off.
They do this in the hope that you will plead to one crime to avoid the other or others and thereby escape a lengthy sentence, when, in essence, this type of indicting is ‘forced plea deal by tactical fear’
The legal system ( should be called the illegal system) has transformed from ‘innocent until proven guilty’ to ‘guilty UNLESS you can be proved innocent’ the moment someone is arrested.
The legal system is designed to incarcerate you FIRST by taking a plea deal, or let you claw, bite, and scream your way to innocence through legal mumbo-jumbo that all too often still results in an unfounded conviction or a conviction that is more than what the crime was.
Some, or maybe even most judicial systems feel that it is justifiable to use illegal or corrupted activity to send someone to jail.
In other words It’s OK to ‘fight crime with crime’ and that is how those criminals of the justice system sleep with themselves at night.
Many cops, judges, prosecutors, and lawyers are as evil or more evil than the criminals they arrest, judge, prosecute, or defend.
Regardless of taking a plea or going to trial this is a constitutional issue. Thus, this can be brought up at any time after conviction as it violates double jeopardy as FAC has pointed out.
Also pointed out, the courts are continuing to hand out convictions such as in this case. Unfortunately, even appellate courts are siding with the circuit courts in this in many other cases.
If this has happened to you find an appellate attorney, after your sentence is finished, and are then with all of this information. Regardless if you have lost at the appellate and even the federal level. In Florida, the “Certificate of Eligibility” applies to double jeopardy. This also includes anyone who has a conviction for traveling AND soliciting arising from the same instance. See State v Shelley
All the money wasted on creating crime instead of real crime; you the Florida way. Is believing in fantasy required to be a government official in Florida?
At least in Florida, the charges are different. Here in Georgia, they like to charge and sentence multiple counts of the same charge. For example, instead of indicting one count for theft of $10,000, they’ll indict 10 counts of $1000 and give 10 sentences for it. PDs say it’s the same because the sentences are concurrent to get you to agree to plea (usually to the max).
And yes, newly discovered or withheld evidence can be a ground to withdraw a plea, regardless of the plea entry date. But it needs to be very clear it was newly discovered or withheld and obvious that had it been available, the plea would have been refused and trial insisted. It’s a pretty high bar but not insurmountable. Be advised the court will dight you every step of the way and probably railroad you at trial should you succeed.
Unfortunately, the powers that be have always been more interested in protecting the “integrity of the system” than finding out the truth. That’s the case even when they’re trying to kill someone.
Does anyone know if a conviction can be overturned if new evidence can be presented. I was entrapped in a Yahoo chatroom in 2007. I recently found that in 2005 Yahoo changed the age limit for chatrooms and messenger use to 18 as part of terms of service. So if I’m in a chatroom where legally everyone is 18 how did I break the law? My “victim” even contacted me first as shown by evidence provided by the prosecution. I even have the judge on record stating that my victim was an adult and a willing participant in the alleged crime! He made this statement at sentencing hearing.
ROM,
Contact your attorney. Did you plea or trial? When? Sentence? Maybe someone on this site will be able to provide more assistance. Good luck.
FAC,
You do a great job of reporting. Thank you.