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08-27-2006, 01:28 PM
you all blame the Sheriff for the rise in crime in Manatee Couty, WHY?????

The SAO is the one you need to look at. They NO File 3/4 of the cases they get. this sends a message to the criminals. The SAO is weak and lazy. I've seen cases with recorded confessions get no filed, or charges reduced.

CTFUUU
08-27-2006, 01:55 PM
So DAMN true!!!!! What is your diversion from crime, when you know you won't be prosecuted anyway?

08-27-2006, 04:57 PM
our SAO is a joke, they are the laughing stock of Florida. Its distgusting how when you go to a class out of county, the teachers, and other SAO's use our SAO as a poor example. They need to vote him out, and redo the whole system. Fire or transfer every attorney we have and bring in new ones. Im tired of arresting people, then watching them walk away because one person decides they dont want to take the case to court.

08-28-2006, 05:06 PM
I have seen many cases get tossed by the SAO. Sometimes it is lack of experience and confidence on the attorney, but many times it's just a weak case. It's not our SAO though, it's the entire court system. The district court of appeals has made some really poor decisions lately (www.2dca.com (http://www.2dca.com)). We live in a society where the courts definition of detention, seizures, and confessions no longer mean what we think they mean. You have to treat the public like babies now, and tell them "I want to search you for drugs, is that ok, you're allowed to say no, that's your right..." and "sir, before you confess to this murder, I want you to know who don't have to talk to me, and sign this piece of paper before you utter where that dead body is burried.."

The basic gist of the court system is this:

We are deputies not attornies. We get paid blue collar salaries to risk our lives. Defense attornies know they will continue to get their clients off if they make the law more difficult for us blue collar cops to understand. Assistant State Attorneys study case law daily, and read legal bulletins on a regular basis. They get all the new court decisions on their desk the same week the decisions are made. We get criminal law alerts on Matters of Concern every few months, and maybe our supervisors read them to us at sqaud meetings, but not usually. So when we, the blue collar cop, makes a split decision when shiiitz hits the fan, the defense attorneys can Monday night quarterback us and convince a jury (another problem in itself) that we made some legal errors, and the case, evidence, etc should be dismissed.

Criminal Law is designed to evolve. It is getting more complicated to understand, yet, we (law enforcement officers) rarely get the training we need to keep us up to date with the decisions that are going to be made by judges, attorneys, etc in court. So in turn, our cases look weak in court, and we look like idiots on the stand. We should be mandated to take criminal law updates every year, in July, when those law changes usually take effect. Read your new Criminal Law book when you get it, instead of throwing it in your trunk. Don't be afraid to call the SAO before making a major decision, and READ CASE LAW!

Now, I smell some chicken at the PORT...I'm out! 8)

08-29-2006, 01:26 AM
Yes case law and weak cases are a problem (mostly due to victim/witness lack of cooperation) but the real problem lies with the SAO. There are several 2006 cases that a State Attorney has failed to file formal charges against a defendant thus alowing for their release from the jail. Most have committed other crimes while awaiting a decision by the SAO to file formal charges.
The other problem is the plea deals accepted by the SAO. Anyone remeber Roy Whitaker? He committed an untold number of burglaries/grand thefts/stolen credit cards/drugs etc. For all of his charges he received a whopping 11 months 29 days in the county jail. Where is the justice. This is why criminals come to do business in Manatee County.
I have been to many schools throughout the state and everwhere I go I am told our SAo is a laughing stock. We need an investigative reporter to start pulling files and find out what the real problem is. We do outr part it's time they start doing theirs.

08-29-2006, 10:48 AM
Here is a little hint. Buy or obtain a Jury Instruction Book (JIB) from the court system. This book spells out all the items and only the items a Jury can consider when hearing a case in court. It is the only information a Judge can intruct the jury after the attorneys have rested their case. If you match your PCA to the Jury Instructions, I have found that it is very hard for the prosecutor to drop your case. We had the same problem in Sarasota for awhile. After I found the JIB and bought them for my guys, we started getting alot more cases filed. Match the totality of the circumstances to the FSS and the JIB and you may see a difference.

Salute to you and me and those like us and stay safe.

I think you guys do an excellant job given your resources.

08-29-2006, 10:52 AM
Re: previous post. Last sentence first paragraph should read, Match The totality of the circumstances to the FSS and the JIB.

Sorry guys. Getting old and feble and have only had one cup of coffee this morning.