Illegal Alien

Local Police seek witness who was deported
Cesar Ariel Jacquez, set to offer key testimony in a homicide case, was sent back to the Dominican Republic by the Federal Government or Homeland Security.
Local Police in Luzerne County, located in Northeastern Pennsylvania, will be in the Dominican Republic next week trying to find a key witness in a homicide case; a prosecutor said Friday. Luzerne County prosecutors learned three weeks ago that the witness, Cesar Ariel Jacquez, had been deported by the Federal Government as he was an illegal alien.
Every defense attorney and prosecutor knows that without the witness, whether his testimony is exculpatory tending to prove innocence or inculpatory tending to show guilt, the case becomes weak. Now the point of this article and blog is to demonstrate the power of the government. (andrewstine.com)
The awesome power of the government and the ability it has to spend our money is shown within this article. First, very few criminal defendants have the resources to compete with the government, when it comes to a criminal proceeding. Remember, each and every law enforcement personnel (cop sheriff), every secretary, every record custodian, every investigator, every vehicle, every machine, and every prosecutor is paid with unlimited resources; tax payers’ funds. Now, factor in what power the state has to bring back a witness, which the federal government has adjudicated as being illegal to our United States. (andrewstine.com)
If I went through ever step of how a regular citizen, like a criminal defendant, goes to get an illegal alien back into the United States, I would be able to build Jacob’s Ladder. I must tell all of up front, it very rarely happens. First, a criminal defense attorney cannot get an order from a State Judge telling the Federal Government what to do. Remember civics class, Separation of Powers. I throw the idea of civics class into the article because I am always at awe, when jurors cannot remember or under stand the Presumption of Innocence. That is for a different article. I mean a State Judge will not even entertain the idea of telling the Feds what to do. Secondly, try to go to a federal judge to get an order to Home Land Security to bring back an Illegal Alien because that person can set your client free. Yeah, that gets you far. (andrewstine.com) See the problem. The defendant without the resources and intergovernmental string-pulling cannot get the witness back in to testify without breaking his or her back.
Wow wish it was as easy as sending two investigators via airplane to a foreign country, renting them an automobile to drive around in, giving them spending money for hotels, food, and entertainment, providing them with a translator, and then allowing them to bring back the witness to testify. In a perfect world that is the way it occurs, unless you are the Government, then it is your world. (andrewstine.com) I am fully aware of this problem as The Law Office of Andrew D. Stine (andrewstine.com) represented a Human Trafficking Case in South Florida that began in the State courts and then went Federal. To fully appreciate what a criminal defense attorney goes through, the ones who care and give a shit, call my legal assistant or speak to my wife about the endless nights of trying to figure out a solution to this problem. I can tell you this, it was not as easy as making a telephone call to my supervisor, but I did pray a lot, and asking him or her to get a witness back into the United States for the benefit of the case. (andrewstine.com).

A West Palm Beach police officer was arrested for perjury and prostitution were he paid for sex acts at least 13 times with four different women at a Palm Beach County, massage parlor. The West Palm Beach Officer, Michael Ghent, worked the organized crime section of the West Palm Beach Police Department’s special investigation unit.
This alleged rub down or shake down artist, Michael Ghent, is also accused of snorting drugs in a parlor session room, where the girls would provide him with a happy ending. The allegations also accuse Officer Ghent of bribery, soliciting prostitution and PERJURY-WITNESS MAKE FALSE WRITTEN DECLARATION. The most troubling of all the charges, for a criminal defense attorney, is the perjury charge. It shows the Officer’s propensity to use perjured tactics to purposefully cover up a bad investigation or to illicit testimony to falsely accuse others. So, what does a criminal defendant do with this information?
Well all criminal defense lawyers and defendant’s need to check their files and figure out if Michael Ghent, of the West Palm Beach Police Department, played any role in the arrest or investigation. If Michael Ghent, of the West Palm Beach Police Department, did play a role then the case needs to be examined for witness tampering and falsification. If you have been accused of a crime and Michael Ghent, of the West Palm Beach Police Department, is mentioned in the police report, or is part of the investigation, then contact ANDREWSTINE.COM for a free consultation for help with your matter. Moreover, if Michael Ghent is currently involved in your criminal case in Palm Beach County, or with the West Palm Beach Police Department, then the Law Office of Andrew Stine would like to hear from you, as the allegations will be vigorously defended as a false allegation.
At ANDREWSTINE.COM many of your questions about being arrested in Palm Beach County and the entire State of Florida for all crimes can be answered. If the site ANDREWSTINE.COM does answer your questions, then contact the office directly and a free consultation in beautiful downtown West Palm Beach, Florida will be arranged for you.

FLORIDA DUI LAW IN A NUTSHELL
On a regular basis, the ANDREWSTINE.COM blog receives questions and comments about what is the law in Florida regarding a DUI?
In order to help the consumer and practioner, ANDREWSTINE.COM has dedicated the following facts to a Florida DUI.
In Florida, a person is guilty of driving under the influence of alcoholic beverages, a harmful chemical substance, when the driver is affected to the extent that his or her normal faculties are impaired; or when the person has a blood alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood or when the person has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.

NORMAL FACULTIES
So in Florida, DUI can be proven up by the state if the normal faculties are impaired? What is that? The case law defines normal faculties as the ability to see, walk, talk, hear and so on. This is why when a driver is stopped in Florida for DUI, the police enforcement officer wants the driver to perform those silly road side tests. I can assure you that it is in my opinion that the Driver should refuse the road side tests. By performing the test, the driver only provides the law enforcement officer with video taped evidence of how the driver is performing. As an example and for fun, after you awake in the morning stand at the edge of your bed and hold one foot out in front of the other foot at about 6-12 inches from the ground with your arms extended at your sides and try to bring your hand with one finger to your nose. Now think about doing this on the edge of I-95 with traffic coming at you and behind you at 65 -85 mph. Sounding scary? Would you let you child or grandchild play such a silly game on I-95 in the middle of the night? Then why would you? Don’t perform the test!

BLOW OR NOT TO BLOW?
Should I BLOW? DON’T BLOW during a DUI stop or invetsigation! Hasn’t your mother taught you better. Never blow into that silly machine that is so outdated and lacking in the area of technology that the results are fraught with inaccuracies. What does that mean? The Intoxilizer 5000 or 8000 the machines used by most Police Agencies and Sheriff’s Offices in Florida for DUI arrest are without doubt unreliable. The machines and the software in the Intoxilizer 5000 or 8000 is ancient. I mean you remember the old Macintosh Computers of the early 1980’s, with the punch cards, well the Intoxilizer 5000 or 8000 is even more outdated than those old dinosaurs. Why would you trust your liberty to a machine with an operating system older than your first born child or oldest grandchild?
For more information see andrewstine.com

DRUG BUST PAYS FOR POLICE TRAINING CENTER
Pubdate: Fri, 15 Dec 2006
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2006 Sun-Sentinel Company
What was once described as the largest single seizure of drug profits in U.S. history is helping to finance what local officials tout as the nation's finest police and fire training operation. Boca Raton's International Center for Leadership and Development is scheduled to open in the spring after the $9 million renovation of a 118,000-square-foot building at 6500 Congress Ave., once a Sony Corp. manufacturing plant. "It will be kind of cool to be training law-enforcement officers with bad-guy dollars," said John J. Sullivan Jr., director of training and professional development for the Boca Raton Police Services Department. Many area law-enforcement agencies, including the Palm Beach County Sheriff's Office, are expected to use the center. "I'm sure we'll take advantage of it," spokesman Paul Miller said. Sgt. Fred Parker, training officer for the Delray Beach police, said his department also would be interested in using the facility. "If they have classrooms, it is always good to get people [officers in training] away from their usual setting. We would be open to something there," he said. The $7.1 million the city paid for the building came directly from the city's $13 million share of a $280 million forfeiture that followed the arrests in the 1990s of Colombian drug lord Julio Nasser David and several U.S.-based associates. Federal agents busted up the smuggling ring after Boca Raton police in 1988 captured a boat hauling 1,100 pounds of marijuana that eventually led agents to the Nasser David organization. Boca Raton, along with the Monroe County Sheriff's Department and several federal agencies, each took a piece of the forfeiture. Once completed, the renovation by Kaufman Lynn Inc. general contractors will give the city a home for its training center that city officials hope will be nationally known. "My goal is that within five years, I'd like the center to be recognized as the premier training organization for first responders in five or six areas of specialized training," said Sullivan, a retired U.S. Customs Service special agent. The center, in the Arvida Park of Commerce, would partner with Florida Atlantic University to offer academic courses on subjects such as defensive tactics, homeland security and natural disasters, Sullivan said. Renovations of the building include a new roof rated to withstand hurricane winds of up to 140 mph, according to Jason Roth, project manager for Kaufman Lynn. "We gutted the interior and started from scratch," Roth said.
I say: Well after the strings of hurricanes that hit South Florida over the past three years, at least the Police and their families will be safe. I mean these facilities are used by them during the storms. I find it ironic that the Salvation Army and Red Cross always place their food huts, giving out free food and supplies, at these locations. Maybe starbucks and dunkin donuts can always give them a helping hand.
If you do not believe me after the next storm go to a Law Enforcement Building, Public Works Building, Fire Station, or any facility managed by civil servants; those who receive their pay checks, health care benefits and retirement paid by our tax dollars, and you will witness it for yourself. Questions visit me andrewstine.com

New Sentencing Supreme Ct Decision

US SUPREME COURT RULING SENTENCING
In striking down California's sentencing law yesterday which allowed judges, as opposed to juries, to determine aggravating factors warranting an increase in a criminal sentence, the Supreme Court further solidified the principles it began with its Apprendi, Blakely and Booker decisions.
First, the prior cases in a nutshell:
Apprendi invalidated New Jersey’s hate-crime statute, which gave judges the power to make the specific factual findings that converted an ordinary crime into a hate crime, with an enhanced sentence. The court ruled that the Sixth Amendment right to trial by jury gave that role to juries. Meaning that a jury and not the judge has to determine if the defendant acted with the intent towards a certain person because of race or religion as examples.
....Blakely v. Washington.... invalidated Washington’s sentencing guidelines for giving judges the power to impose sentences beyond the normal range based on specific findings about the defendant’s conduct.
Then came Booker in United States v. Booker, the court applied that reasoning to the federal sentencing guidelines, ruling that the guidelines could be deemed constitutional only if they were regarded as “advisory” rather than mandatory. No mandatory sentences.
Yesterday's opinion was written by Justice Ruth Ginsberg. Joining her were Chief Justice Roberts and Justices Stevens, Scalia, Thomas and Souter.
Dissenting: Justices Alito, Breyer and Kennedy.
As to the California law the Court ruled invalid:
The 1977 law adopted what is known as a determinate-sentencing approach. Each crime carried three possible sentences. The middle sentence was presumed to be the correct one unless the judge made findings that justified the higher or lower alternatives.
Since I practice primarily in federal court, I'm going to be more interested in a case argued next month:
Next month in Rita v. United States, No. 06-5754, the court will hear arguments on whether a federal sentence within the guidelines range should be presumed to be reasonable.
If the court rules against the reasonableness presumption, judges will have even more latitude to impose a non-guideline sentence. The guidelines took effect in 1987. I've had ten years of cases pre-guidelines and 20 post-guidelines, and I have to say, I prefer non-guideline sentences. There's something about determining a person's future by mathematical calculation that just doesn't sit right with me.
While crimes may be the same, those who commit them are not. Simply dividing them, as the Guidelines mandate, into levels one through six based on their criminal history is very de-humanizing and takes away the Judge's ability to impose a sentence based not only on the seriousness of the offense but the character and history of the offender.
FLORIDA
As a Florida Criminal Defense lawyer we are stuck with the Criminal Punishment Code, which is how defendants are primarily sentenced. See Fla. R. Crim. Pro. 3.740 and 3.992. The above Federal Cases only affected a few of the Florida areas: Apprendi and Blakely affected upward departures in Florida Sentencing beyond the presumptive range under the guidelines, and beyond the statutory maximum under the Criminal Punishment Code. Thus, when the defendant’s sentence was increased because of a prior conviction, as described exactly akin to the prior sentence, the prior conviction must be submitted to the jury and be proven beyond a reasonable doubt by the State before the sentence could be enhanced. NO LONGER would a Judge find this as a matter of law at the conclusion of a trial.
Apprendi and Blakely have no affect on Florida’s capital sentencing scheme. See Spencer v. State, 842 So2d. 52 (Fla. 2003); Prison Release Reoffender (PRR) is also unaffected. See Robinson v. State, 793 So. 2d 891 (Fla. 2001); Habitual Offender (HO) sentence is not within Apprendi and Blakely. See McBride v. State, 884 so. 2d 476 (4th DCA 2004).
If you have questions or comments please post them or contact the office at ANDREWSTINE.COM or 561 832 1170.

Jackson v. State, (4th DCA Dec. 2006). Appellate Law UPDATE.

In Jackson, and now the new law within the Fourth District Court of Appeals, a Defendant whose appellate counsel withdrew from his case under Anders could seek relief on the claim of ineffective assistance of appellate counsel. The defendant's appellate counsel allegedly failed to submit an appellate brief despite instructional error and a Brady violation. Although such claims lacked merit, the District Court of Appeal receded from the holding of Johnson v. Moore, which had served to preclude ineffective assistance claims of defendants who through the Anders procedure had been given an opportunity to make any arguments that arguably should have been raised by their counsel. Remember Anders v. Calif., allows Appellate Counsel to not file an adversarial brief alleging lower Court Error. That is correct; your right to an appeal under the Florida Constitution has been eroded by the activists Courts.

At the Law office of Andrew D. Stine, and after speaking with other predominant Criminal Law Offices, the only time we see Anders issues is when Trial Counsel is wholly ineffective. Basically when trial counsel is unprepared and does little preparation.

The Fourth District Court of Appeal receded from Johnson v. Moore, 744 So. 2d. 1042 (4th DCA 1999). In Johnson, the Fourth District Court of Appeals, the jurisdiction of: Palm Beach, Broward, Martin, St. Lucie, Okeechobee and Indian River Counties, held that a defendant whose counsel has withdrawn under Anders, and who, the defendant, has failed to file his own brief, cannot seek relief for ineffective assistance of appellate counsel. Thus, under Johnson, if Appellate Counsel files and Anders brief, the Fourth District wanted convicted individuals to file their own appellate briefs to preserve their constitutional right. But through some wisdom from the other appellate courts, the Fifth (Hollinger v. State) and Second (Barber v. State), the Forth receded.

State v. Ratner, Jan. 11, 2007 (Fla.). Interlocutory Appeals

Issue for review to the Supreme Court was whether or not an Interlocutory order denying motion in limine and certifying question ripe for appeal to District Court of Appeal.
The Supreme Court of Florida has held, in Ratmer, that a county court's interlocutory order denying the state's motion in limine seeking to admit an alleged victim's hearsay statement to a police officer in a prosecution for domestic battery and certifying a question of great public importance was appealable to the circuit court under the rule permitting the state to appeal a nonfinal order in a criminal case as provided by general law, in view of the statute permitting the state to appeal orders suppressing evidence in limine to the circuit court.
Thus, the state could appeal the order directly to the District Court of Appeal, under the rule granting the District Courts of Appeal discretion to review a county court order that certified a question of great public importance if the order would otherwise be appealable to the circuit court in its appellate capacity.
The Florida Constitution provides in relevant part:District courts of appeal shall have jurisdiction to hear appeals, that may be taken as a matter of right, from final judgments or orders of trial courts, including those entered on review of administrative action, not directly appealable to the supreme court or a circuit court. They may review interlocutory orders in such cases to the extent provided by rules adopted by the supreme court. The fine issue of law becomes, whether the Supreme Court of Florida adopted a rule that would give review of the county court certified question to the district court. Thus, the district courts of appeal can only review an order of the county court which certifies a question to be of great public importance if the order, without regard to certification, would otherwise be appealable to the circuit court in its appellate capacity under Fla. Supreme Court Rules. The bottom line is the County Courts; those that are vested with the jurisdiction to adjudicate Misdemeanor Cases, can bypass the Circuit Court Appellate Jurisdiction if the County Court Judge(s) certifies the issue to be of great public importance.

My name is Andrew D Stine and I am a criminal defense attorney in South Florida, see ANDREWSTINE.COM. Since 2001 I have been protecting the rights of the accused throughout all of Florida. My law firm is located in downtown West Palm Beach, Florida.
I have defended those accused of criminal acts in Palm Beach County, Broward County, Dade County, Martin County, St. Lucie County, Okeechobee County, Highlands County, Orange County, Duval County, and Indian River County; and throughout the Federal courts within the State of Florida.
I have extensive experience in helping those accused of all criminal acts like: Murder, Trafficking in Human Beings, Federal Communication Piracy, Trafficking in Cocaine, Trafficking in Hydrocodone, Possession and Sale of Cocaine, Possession and Sale of Marijuana, Possession and Sale of Heroin, Possession and Sale of Meth, Aggravated Assault with a Firearm and other Deadly Weapons, Firing a Deadly Missile into a Dwelling and Automobile, Aggravated Battery, Sexual Assault, Grand Theft over $100,000.00, Organized Scheme to Defraud, Prostitution, Petit Theft, Driving Under the Influence, Driving Under Suspension, Domestic Battery, Injunctions from Abuse and an endless number of other criminal acts numbering into the thousands.
I have been accused of representing the “Top Six.” I do not even know who they are, as none of clients have ever divulged such a revelation to me. I have read about their alleged affiliation in the Palm Beach Post and heard the Nightly News reports. I have even received numerous requests to speak about the Top Six, the Haitian Gang from Lake-Worth and Lantana Florida, but I cannot speak of something I know nothing about.
I have represented the worst animal cruelty cases founded within the State of Florida. On every occasion the accused had their animals returned and the County ostracized my work in the local nightly new and print media. Hell my family and I even received death threats. I love all animals; I own dogs, horses and even fish. It is the government and their abusive power that I dislike.
I represented one of the first defendants in the Federal Courts for Trafficking in Human Beings. Everyone has seen the nightly news were criminal defendants charged with the crime of trafficking in humans; receive sentences of life (the wheel) or years measured in decades. The Government had the smuggler’s confession. The victims were granted immunity in exchange for their testimony and the cherry they received resident alien status. The client I represented, a Guatemalan National, received a sentence of 14 months. The key to the case and the lenient sentence was my motion practice, I made the Government work. The law office of Andrew Stine files motions. Make them work!
My experience of representing those accused of drug and narcotic crimes is measured in volumes. Representing an accused for possession, sale or trafficking in: marijuana, cocaine, heroin, meth., hydrocodone is really individualized. What does that mean? Well the theory of defenses changes drastically from one defendant to the next. Therefore, each client accused of a drug crime provides exciting and new challenges for the office.
Some might say “you are beating your own chest.” This Blog is an advertisement. Well I provided the above to hopefully demonstrate my experience and skills. Well so what your website at ANDREWSTINE.COM tells me that, why is any different here?
Here I am going to provide a forum for updated motions and legal opinions free of charge. The motions will be the actually ones I filed throughout the State of Florida and in the Federal Courts to help my clients accused of crimes. The squibs and briefs of those opinions will be crisp and concise. The briefs or squibs will be useful to practicing attorneys who need updates on the law and for those who want to learn about the law. If there are any questions about the motions, briefs or squibs, I can be reached at either (561) 832-1170 or ANDREWSTINE.COM.
I will also try to keep all readers current on Law Enforcement Officers who get arrested, indicted or are under criminal investigation; so that if that officer is involved in one of the readers pending cases, it could be beneficial for the reader to know. I also behest all readers to post their own sediments and advice within the contents of this Blog. But please be careful about what you say or post as the evil eyes are always watching. As we all know, our Constitutional Rights are eroding on a daily basis. I also ask that if other lawyers post information that they too be careful not to mislead the readers; as the readers will certainly use the information within this Blog to help themselves out of a jam or prevent themselves from becoming just another number.