Baez Files 8 Motions In Case

[trac]

Okay here is what happens and the law in the defense getting evidence before the charge - it doesn't happen - there is a charge then arraignment - then read below when the defense gets evidence - Baez is grasping - any thoughts? ahhh didn't think so

Arraignment

The arraignment in a felony trial follows the same process as in a misdemeanor trial. Bail and identity are established, charges are ascertained and the attorney of record is confirmed. An arraignment is a virtual formality prior to trial. Very few cases are dismissed at arraignment.

Pre-Preliminary Hearing

This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant's character and past history.

Preliminary Hearing

At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The judge reviews 1) Whether there is probable cause to believe a crime was committed. 2) Whether there is probable cause to believe the person in front of the court is the one who committed the crime. Rarely does a judge overturn the prosecution and dismiss the case. In fact, the prosecution or judge can add additional charges to the case at this hearing. The length of a preliminary hearing varies by state. It may last three hours. It may last three questions.

Six things to expect at the preliminary hearing:

Preliminary hearings are shorter than trials.
The preliminary hearing is not a finding of fact.
The goal of a preliminary hearing is to screen the prosecution's case.
The prosecution is only required to show "probable cause" at the preliminary hearing.
The preliminary hearing will be conducted in front of a judge. No jury will be present.
Although the defendant may be held to answer for trial, that does not mean the defendant is guilty.
Neither the prosecution or defense will present their whole cases; they want to save their case strategies for the trial.
Cross examination of police officers or witnesses may occur.
Superior Court Arraignment
The defendant is arraigned and pleads guilty, not guilty or no contest. At the arraignment, the identity of the defendant is confirmed, bail is established, charges are ascertained and an attorney of record is confirmed.

Pre-Trial Conference

The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the
same charge may be agreed upon.

Expectations at the pre-trial conference:

The defense presents a legal case on behalf of the defendant.
Further discovery takes place.
Factual and legal evidence is established.
Debate over sufficient evidence occurs.
Review on whether the facts are sufficient occurs.
Strengths and weaknesses of witnesses are examined.
Issues with the evidence are submitted.
Sample motions the defense attorney can file at a pre-trial conference:

Suppress evidence
Dismiss information and complaint
Compel discovery
Sever counts
Speedy trial
Modify or reduce bail
Bill of particulars
Reduce charges
Change of venue
Strike a prior conviction
Preserve evidence
Examine police file

 

[MiraclesHappen]

Although charges haven't been filed, Casey has been named as the sole suspect and statements supporting her guilt have been released to the media by LE. LE has said that the evidence is currently being tested for the THIRD time. In the interest of a fair trial, the defense should at least be able to view the results of that testing if not perform testing of their own. Why should one side have 3 (or more) extra months to prepare it's case? Casey may very well spend the rest of her life in prison, if she doesn't receive the death penalty. Considering the potential outcome, I don't think it's unreasonable that her attorney ask for a level playing field.

The system is not built on a level playing field.

The state has to prove every single element of each charge beyond a reasonable doubt.
Baez's team has no such burden.

 

[Themis]

Welcome Trac! :newbie::toast::newbie:

 

[MiraclesHappen]

Welcome Trac! :newbie::toast::newbie:

I'll second that!:blowkiss:

 

[DianeB]

Although charges haven't been filed, Casey has been named as the sole suspect and statements supporting her guilt have been released to the media by LE. LE has said that the evidence is currently being tested for the THIRD time. In the interest of a fair trial, the defense should at least be able to view the results of that testing if not perform testing of their own. Why should one side have 3 (or more) extra months to prepare it's case? Casey may very well spend the rest of her life in prison, if she doesn't receive the death penalty. Considering the potential outcome, I don't think it's unreasonable that her attorney ask for a level playing field.

Being a suspect doesn't get you jail time.

The defense will have the opportunity to inspect the evidence once formal charges are filed. Casey could have hastened that day by telling LE where she disposed of her daughter's body, but she chose to play a game of chicken in hopes that in the absence of finding Caylee's corpse, she could continue living in freedom.

Unfortunately for her, she left a wealth of other evidence that will be used to put her away anyway (not to mention committing financial crimes she seemingly didn't even try to conceal).

I hope Miss Casey is enjoying being glued at the hip to either her parents or her attorney, which is the only 'benefit' she's receiving for refusing to say how she disposed of her daughter.

 

[Samijeansg]

A defense attorney does not get the evidence BEFORE their client has been charged - when the client is charged, THEN, the state hands over evidence collected and THEN and only then the Defense can do their own tests on evidence, etc.

Let Beaz take this to the top Florida court then the countries supreme court - no defense attorney gets evidence prior to the actual charge

Full disclosure AFTER the charge not before

I think Baez is watching too many movies

I know it feels that way sometimes, but I really don't think they do that here although I have felt the same sometimes.

Yes I agree Baez has watched way too many movies! If I ever need a lawyer here in Orlando it won't be him!

 

[MiraclesHappen]

Okay here is what happens and the law in the defense getting evidence before the charge - it doesn't happen - there is a charge then arraignment - then read below when the defense gets evidence - Baez is grasping - any thoughts? ahhh didn't think so

Arraignment

The arraignment in a felony trial follows the same process as in a misdemeanor trial. Bail and identity are established, charges are ascertained and the attorney of record is confirmed. An arraignment is a virtual formality prior to trial. Very few cases are dismissed at arraignment.

Pre-Preliminary Hearing

This involves a meeting between prosecution and defense. Topics discussed in most states include plea bargain opportunities, strengths and weaknesses of the prosecutions case, and intangible factors of the case, such as the defendant's character and past history.

Preliminary Hearing

At the preliminary hearing the judge determines whether sufficient evidence exists to send the case to the upper court for trial. The judge reviews 1) Whether there is probable cause to believe a crime was committed. 2) Whether there is probable cause to believe the person in front of the court is the one who committed the crime. Rarely does a judge overturn the prosecution and dismiss the case. In fact, the prosecution or judge can add additional charges to the case at this hearing. The length of a preliminary hearing varies by state. It may last three hours. It may last three questions.

Six things to expect at the preliminary hearing:

Preliminary hearings are shorter than trials.
The preliminary hearing is not a finding of fact.
The goal of a preliminary hearing is to screen the prosecution's case.
The prosecution is only required to show "probable cause" at the preliminary hearing.
The preliminary hearing will be conducted in front of a judge. No jury will be present.
Although the defendant may be held to answer for trial, that does not mean the defendant is guilty.
Neither the prosecution or defense will present their whole cases; they want to save their case strategies for the trial.
Cross examination of police officers or witnesses may occur.
Superior Court Arraignment
The defendant is arraigned and pleads guilty, not guilty or no contest. At the arraignment, the identity of the defendant is confirmed, bail is established, charges are ascertained and an attorney of record is confirmed.

Pre-Trial Conference

The pre-trial conference is a formal setting where plea bargaining occurs. The prosecution may offer alternative sentencing. The charge may be changed to a lesser charge. The number of felony counts may be dropped. A lesser punishment for the
same charge may be agreed upon.

Expectations at the pre-trial conference:

The defense presents a legal case on behalf of the defendant.
Further discovery takes place.
Factual and legal evidence is established.
Debate over sufficient evidence occurs.
Review on whether the facts are sufficient occurs.
Strengths and weaknesses of witnesses are examined.
Issues with the evidence are submitted.
Sample motions the defense attorney can file at a pre-trial conference:

Suppress evidence
Dismiss information and complaint
Compel discovery
Sever counts
Speedy trial
Modify or reduce bail
Bill of particulars
Reduce charges
Change of venue
Strike a prior conviction
Preserve evidence
Examine police file

Okay but in the above example, I am certain we can expect the "preliminary hearing" route to be replaced by a grand jury indictment...we don't know what is happening with that secretive proceeding.

 

[future criminologist]

It's rare that you see a defense attorney try so diligently to make an *advertiser censored* of himself.

How did Miss Casey find just the perfect attorney for her? Kismet!

actually, he's not making an *advertiser censored* of himself - whatever you want to say about his client, his role is to serve her best interest, and it is in her best interest to get the evidence against his client he can't effectively represent her otherwise. any good attorney would file these same motions. not to play devil's advocate here but these are pretty standard motions (with the exception of the motion to travel) in any case. a good attorney is not going to sit there like a lame duck and wait for his client to be charged.

 

[future criminologist]

I

A defense attorney does not get the evidence BEFORE their client has been charged - when the client is charged, THEN, the state hands over evidence collected and THEN and only then the Defense can do their own tests on evidence, etc.
Let Beaz take this to the top Florida court then the countries supreme court - no defense attorney gets evidence prior to the actual charge

Full disclosure AFTER the charge not before
I think Baez is watching too many movies

actually, I believe these motions to compel are related to the child neglect and making false statement charges, which she has already been charged with.

they are not related to any murder charges, because she has not been charged with murder yet.

hence, the defense CAN get the evidence.

 

[Karate Dad]

I think I will stand out front of the court house with a BIG sign saying if you let Casey leave Orlando you will never see her again! Or NO Special treatment for Casey! Or What about Caylee's Rights? Or....

I could go on and on!

Let me know if you want company. I'll even wear my Squirrel costume....

 

[future criminologist]

and I do believe that the motion related to the evidence gathered by Children and Family Services WILL be granted, since he can't effectively defend her on that charge without it.

 

[TxLady2]

These are put up or shut up motions, which he should have filed weeks ago. Either they have the evidence to charge her, in which case they should do so, or they do not in which case they should shut up about leaking evidence to the media (ie, the jury pool) they are not willing to show anyone.

I agree... most of these motions could tie in with the child neglect case. But even so... he wants to force them to go ahead and charge her for murder.
It's not uncommon for both attorneys to file motions on top of motions before a trial comes up. Most of them are standard procedure and required. Some are just delay tactics. Basically, the judges are never surprised or disappointed.

 

[Samijeansg]

Let me know if you want company. I'll even wear my Squirrel costume....

LMAO! Now wouldn't that be a riot! I'll let you know!:blowkiss:

 

[Chilly Willy]

actually, I believe these motions to compel are related to the child neglect and making false statement charges, which she has already been charged with.

they are not related to any murder charges, because she has not been charged with murder yet.

hence, the defense CAN get the evidence.

Not disagreeing, but if that's the case, shouldn't Baez have already received that discovery? Why does he have to file motions to get it? It should be automatic.

 

[SeriouslySearching]

A defense attorney does not get the evidence BEFORE their client has been charged - when the client is charged, THEN, the state hands over evidence collected and THEN and only then the Defense can do their own tests on evidence, etc.

Let Beaz take this to the top Florida court then the countries supreme court - no defense attorney gets evidence prior to the actual charge

Full disclosure AFTER the charge not before

I think Baez is watching too many movies

I promise I wasn't ignoring you. I agree with you. Welcome to WS!

 

[SeriouslySearching]

I think you are mistaken about much of those things coming into play for the Neglect case. The report from Family Services...yes.

They are investigating a possible Homicide which is separate from the Neglect case. Evidence they are collecting towards charges there are not applicable. This would include the forensic results from the Body Farm, samples tested of soil, hair, bodily fluids, or any other tests. Results of LDTs performed in the process of investigating a possible Homicide again...not under the Neglect charge.

Baez HAS the evidence in the Discovery for that charge and the economic charges. They say that Casey lost her child and no one has seen her child since June 15th, 2008. Casey did not call 911 to report her as missing. It is all Baez is entitled to right now, imo.

 

[future criminologist]

Not disagreeing, but if that's the case, shouldn't Baez have already received that discovery? Why does he have to file motions to get it? It should be automatic.

not necessarily. when you are doing pre-trial discovery, if you make a certain number of requests of opposing counsel for evidence and none is received, at some point you file motions to compel - meaning a judge gets involved and makes the other side give it to you. otherwise the other side can just basically ignore your requests all they want.

and no, it's not automatic. that's why motions and pre-trial hearings are necessary. this is all pretty standard pre-trial procedure for any case, however, I'm surprised the pre-trial discovery was released publicly - normally you don't really hear about all the pre-trial back-and-forth. no one on here with any knowledge of the legal system should really be shocked or surprised by Baez's motions.

 

[trac]

I promise I wasn't ignoring you. I agree with you. Welcome to WS!

thanks you guys - I feel loved LOL

Actually one other person was right - Baez has the information for the neglect charge and the check charges

Being that Casey hasn't been charged for anything further - all that evidence from the forensics doesn't go to Baez

I honestly don't know what he's thinking - maybe he's trying to force the hand of the state and to get them to charge Casey already but he, according to the law, shouldn't be getting any of that information

But then we all have to remember that a judge can interpit a law any way they want

As for Casey going out to look for Caylee, that I'm still confused about - if she says the child has been kidnapped then where would she look for Caylee - I think she just wants to go see Tony

I don't see Casey or Cindy for that matter being very forgiving - I think Casey holds a grudge, same with Cindy - I wouldn't put it past Casey to make threats to Amy, Jesse and whoever says bad stuff about her - I think her wheels are turning, on how to get back at them

 

[Blink34]

I think you are mistaken about much of those things coming into play for the Neglect case. The report from Family Services...yes.

They are investigating a possible Homicide which is separate from the Neglect case. Evidence they are collecting towards charges there are not applicable. This would include the forensic results from the Body Farm, samples tested of soil, hair, bodily fluids, or any other tests. Results of LDTs performed in the process of investigating a possible Homicide again...not under the Neglect charge.

Baez HAS the evidence in the Discovery for that charge and the economic charges. They say that Casey lost her child and no one has seen her child since June 15th, 2008. Casey did not call 911 to report her as missing. It is all Baez is entitled to right now, imo.

Absolutely, this is simply a math equation, which JB is aware of. He knows LL will reset the clock to their advantage and he will have almost no time for discovery. No defense attorney is going to get what amounts to "work product" on behalf of LE without any charges filed it relates to.

Could you imagine if the state tried such a tactic and motioned for bail revocation on the grounds they "think" at some point they charge her with homicide?

Correct me if I am wrong, but JB is about to keep his batting average of exactly zero.

0% of 0= 0

His results in motion success in this case in all filings to date

 

[mysteriew]

actually, I believe these motions to compel are related to the child neglect and making false statement charges, which she has already been charged with.

they are not related to any murder charges, because she has not been charged with murder yet.

hence, the defense CAN get the evidence.

In what way is the body farm evidence connected to the current charges? LE has not charged Casey with any charges of causing the death of anyone yet.