Legal Questions for our Verified Lawyers #4

[momtective]

If Casey does file for a legal name change, would there be a public record of it? Could she file in any State and how long would it take for her name to actually be changed? Wouldn't she need to wait until the civil case is settled before she changes her name?

 

[AZlawyer]

If Casey does file for a legal name change, would there be a public record of it? Could she file in any State and how long would it take for her name to actually be changed? Wouldn't she need to wait until the civil case is settled before she changes her name?

She could file wherever she is residing. The rules for whether or not she could change her name, how long it would take and how easy it would be to locate the records would be different for every state. I doubt there is any state where you absolutely can't change your name while a civil case is pending against you, but certainly there would be many states (possibly all states) where the judge could take into account whether or not you were trying to avoid creditors.

 

[Katprint]

She could file wherever she is residing. The rules for whether or not she could change her name, how long it would take and how easy it would be to locate the records would be different for every state. I doubt there is any state where you absolutely can't change your name while a civil case is pending against you, but certainly there would be many states (possibly all states) where the judge could take into account whether or not you were trying to avoid creditors.

There are trade publications available to collection agencies and collection law firms which list all name changes, bankruptcies, bulk sale transfers, etc. based on all new court or other governmental filings. Basically the same as trade publications reporting important new appellate decisions in criminal law or tax law or whatever, or civil jury verdicts, or any other information that anyone is willing to pay for. Refinance your house lately? Get a truckload of house-related junk mail afterwards? Yeah, it works just like that.

It is also super easy to amend civil judgments to include "aka's" (also known as) or "fka's" (formerly known as) as new identities are discovered.

Katprint
Always only my own opinions

 

[Trapshooter]

AZlawyer I've still been trying to wrap my mind around the not guilty verdict. :banghead:
I've seen interviews on tv with Tim Miller, Tracy McLaughlin, Rob Dick, etc. Do you think the prosecution should have called them as witnesses? IMO, Tracy could've really given the jury an "insight" to the workings of the Anthony family and Rob Dick could've testified that Casey was more interested in the media and wondering if she was front page news.

I knew this is a bunch of could've, should've, would've thoughts but just curious what you think my friend! :blowkiss:

 

[BeachGirlFromPA]

I have heard legal pundits say a few times that she cannot change her name because of lifelong identity tracking, etc. But the general consensus is that she can easily change it. Which is it?

 

[Meemom]

Sorry if this has been asked.....had to be off boards for a while.....

A lot of posters seem to think FCA will be entitled to a publicly paid for lawyer to defend the civil suits that have or are being filed against her. I can't believe that the public defender's office or JAC would pay to defend a civil suit- I thought being declared indigent only applied to criminal charges. I can see where being broke could affect a plantiff's ability to collect a judgement, or the court's recoupment of court costs, but isn't the cost of defending a lawsuit the responsibilty of the person being sued?

Thank you so much for your time and patience!:rocker::rocker:

 

[DesSands]

I have 2 questions, please. First can she be charged with the Dual Sovereign Doctrine as a way of getting around Double Jeopardy? Or maybe obstruction of justice, improper disposal of a dead body or any other charges having to do with the FBI and not the State? How about falsely reporting a crime or NOT reporting a crime or death? Since she was only charged with lying to LE, it seems the above chgs. don't over lap.
2nd question, how can anyone be given credit for probation served in jail? It's unheard of and it's a big farce to our legal system. I believe Judge Strickland said probation would be served in jail only if she were found guilty of murder. Since she wasn't she really didn't get anything for check fraud or to switch it around, either way, lying to LE. Is she a felon now because of the check chgs?

 

[Controversialist]

Hello again. If ICA's trial had resulted in a hung jury, about how much longer might ICA have stayed in jail?

Would she have been re-tried from scratch, so to speak? If so, about how long would it take to get that new trial up and running?

Thanks.

 

[manatee]

Hi AZ! (lookout for FCA!)
Anyway...someone posted this law and I'm wondering why no one is talking about it.

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_406-12

 

[AZlawyer]

Hi AZ! (lookout for FCA!)
Anyway...someone posted this law and I'm wondering why no one is talking about it.

http://www.lawserver.com/law/state/florida/statutes/florida_statutes_406-12

We talked about it a while ago in this thread. It's only a misdemeanor--and anyway Casey can't be charged with any new state crimes relating to Caylee's death.

Hello again. If ICA's trial had resulted in a hung jury, about how much longer might ICA have stayed in jail?

Would she have been re-tried from scratch, so to speak? If so, about how long would it take to get that new trial up and running?

Thanks.

Yes, she would have been retried from scratch. They would have to have found a new jury first, which might have taken a while in this case, but my guess is HHJP would have started the process right away.

I have 2 questions, please. First can she be charged with the Dual Sovereign Doctrine as a way of getting around Double Jeopardy? Or maybe obstruction of justice, improper disposal of a dead body or any other charges having to do with the FBI and not the State? How about falsely reporting a crime or NOT reporting a crime or death? Since she was only charged with lying to LE, it seems the above chgs. don't over lap.
2nd question, how can anyone be given credit for probation served in jail? It's unheard of and it's a big farce to our legal system. I believe Judge Strickland said probation would be served in jail only if she were found guilty of murder. Since she wasn't she really didn't get anything for check fraud or to switch it around, either way, lying to LE. Is she a felon now because of the check chgs?

The "dual sovereign doctrine" does not create crimes out of thin air. The feds would have to find a federal crime with which to charge her. The only real possibility is the "Martha Stewart Law" (lying to the feds), which would be a tough one to prosecute in this case since Casey didn't lie to the feds. But she did lie to local LE with respect to a matter that she shortly learned the feds were investigating and didn't correct those lies even after learning of the involvement of the FBI...so maybe.

She cannot be charged with any new state law charges relating to Caylee's death.

I agree that the probation should not have been served while in jail. Makes no sense whatsoever to me.

Yes, she is a felon.

Sorry if this has been asked.....had to be off boards for a while.....

A lot of posters seem to think FCA will be entitled to a publicly paid for lawyer to defend the civil suits that have or are being filed against her. I can't believe that the public defender's office or JAC would pay to defend a civil suit- I thought being declared indigent only applied to criminal charges. I can see where being broke could affect a plantiff's ability to collect a judgement, or the court's recoupment of court costs, but isn't the cost of defending a lawsuit the responsibilty of the person being sued?

Thank you so much for your time and patience!:rocker::rocker:

I don't see how she can get a public lawyer to defend the civil cases.

I have heard legal pundits say a few times that she cannot change her name because of lifelong identity tracking, etc. But the general consensus is that she can easily change it. Which is it?

She can't change it if she's residing in Florida until and unless she gets her civil rights restored from the felony charges, which would take 5 years or so. In other states, she might be able to change it. Either way, a decent investigator could still track her down.

If she is residing in Prescott AZ :banghead: it would be up to the judge's discretion, but normally she would not be able to get a name change done in light of her specific circumstances--i.e., fraud convictions relating to identity theft and multiple civil suits pending.

AZlawyer I've still been trying to wrap my mind around the not guilty verdict. :banghead:
I've seen interviews on tv with Tim Miller, Tracy McLaughlin, Rob Dick, etc. Do you think the prosecution should have called them as witnesses? IMO, Tracy could've really given the jury an "insight" to the workings of the Anthony family and Rob Dick could've testified that Casey was more interested in the media and wondering if she was front page news.

I knew this is a bunch of could've, should've, would've thoughts but just curious what you think my friend! :blowkiss:

Most of what these people have to say would have been irrelevant and inadmissible. The prosecution was not permitted to introduce evidence just to make Casey or the A family look bad.

 

[rotterdam]

Can ordinary citizens in FLA/Orlando file a Mandamus Petition against FCA and/or her DT? I know really digging deep in the barrel.

 

[AZlawyer]

Can ordinary citizens in FLA/Orlando file a Mandamus Petition against FCA and/or her DT? I know really digging deep in the barrel.

No. A mandamus petition can only be filed against a governmental official.

 

[darnudes]

This is a long shot - but what about Casey Anthony lying to the DCF investigators? Can any charges be filed because of that?

 

[AZlawyer]

This is a long shot - but what about Casey Anthony lying to the DCF investigators? Can any charges be filed because of that?

I think that would fall within the class of crimes that can't be prosecuted because the set of facts to be proved is too close to the set of facts involved in her previous trial.

 

[cluciano63]

AZ Lawyer, maybe it would be easier for you if you list what Casey COULD still be charged with, lol...

 

[darnudes]

I think that would fall within the class of crimes that can't be prosecuted because the set of facts to be proved is too close to the set of facts involved in her previous trial.

It was probably a stupid question but it had me thinking again as I came upon the DCS report yesterday.

I hear that her appeal on the 4 counts of lying is probably going to take about a year to conclude, do you think that sounds right?
That's such a depressing thought if true. Even that tiny little bit of justice for Caylee will be a long time coming, I think that hurt worse than her leaving prison.

 

[AZlawyer]

AZ Lawyer, maybe it would be easier for you if you list what Casey COULD still be charged with, lol...

Quite honestly, I will be shocked if she's charged with anything else.

It was probably a stupid question but it had me thinking again as I came upon the DCS report yesterday.

I hear that her appeal on the 4 counts of lying is probably going to take about a year to conclude, do you think that sounds right?
That's such a depressing thought if true. Even that tiny little bit of justice for Caylee will be a long time coming, I think that hurt worse than her leaving prison.

Yeah, a year would be pretty normal.

 

[gngr~snap]

The fact that the warnings from John Bradley were
known for many months by OSCO (not the prosecutor)
and went unheeded before closing arguements IMO are HUGE!

What if KC had gotten the DP?
the masses may be cool with that but IMO it is unexcusable!
This is what I think.

Since the SAO was using chloroform/then duct tape was the murder
weapon(s) chloroform was searched 84 times!!!,
OSCO can continue to ignore it and KC can sue forcing them to re-open the case OR OSCO can re-open the case and get sued anyway.
Will OSCO will have to answer for this soon?
Will this get swept under the rug?

I am a nurse not a lawyer. What do you think?

"According to the OCSD officer, this discrepancy was known LONG before trial".

"This information was provided to the prosecution and to the OCSD in advance of the State's rebuttal, and the OCSD officer's second appearance (for the State). I even offered to fly down there overnight at my own expense to set the record straight"

http://www.cacheback.ca/news/news_release-20110711-1.asp

OSCO can continue to ignore it and KC can sue forcing them to re-open the case OR
OSCO can re-open the case and get sued anyway.
Since the SAO was using chloroform/then duct tape was the murder
weapon(s) chloroform was searched 84 times!!!,

 

[askfornina]

just a general question: what are the main differences between a felony and misdemeanor? i know a felony is more severe and i know a few other things but i'm not sure if they are all true

 

[AZlawyer]

The fact that the warnings from John Bradley were
known for many months by OSCO (not the prosecutor)
and went unheeded before closing arguements IMO are HUGE!

What if KC had gotten the DP?
the masses may be cool with that but IMO it is unexcusable!
This is what I think.

Since the SAO was using chloroform/then duct tape was the murder
weapon(s) chloroform was searched 84 times!!!,
OSCO can continue to ignore it and KC can sue forcing them to re-open the case OR OSCO can re-open the case and get sued anyway.
Will OSCO will have to answer for this soon?
Will this get swept under the rug?

I am a nurse not a lawyer. What do you think?

"According to the OCSD officer, this discrepancy was known LONG before trial".

"This information was provided to the prosecution and to the OCSD in advance of the State's rebuttal, and the OCSD officer's second appearance (for the State). I even offered to fly down there overnight at my own expense to set the record straight"

http://www.cacheback.ca/news/news_release-20110711-1.asp

OSCO can continue to ignore it and KC can sue forcing them to re-open the case OR
OSCO can re-open the case and get sued anyway.
Since the SAO was using chloroform/then duct tape was the murder
weapon(s) chloroform was searched 84 times!!!,

I think this would have been a big deal and probably grounds for reversal IF Casey had been convicted. Since she was acquitted, no big deal, except obviously as an internal matter OSCO and the SA office ought to be talking about the importance of ensuring that this type of information is disclosed to defense teams ASAP and corrected if incorrect information is presented to a jury.

just a general question: what are the main differences between a felony and misdemeanor? i know a felony is more severe and i know a few other things but i'm not sure if they are all true

Generally, with some exceptions and with differences from state to state, felonies are punishable by more than a year in prison and therefore carry with them greater procedural protections for the defendant.