The Hillsborough County Bar Association (HCBA) held its Welcome Back Membership Reception last evening at The Vault in downtown Tampa. It was a wonderful evening and event and demonstrated the strong collegiality and professionalism amongst the members of the Hillsborough Bar.
Tampa Criminal Defense Attorney Ron Frey, The Frey Law Firm, is an active member of the Hillsborough County Bar Association. The HCBA is a voluntary bar association in Tampa, Florida and has nearly 4,000 members consisting of judges, lawyers and other legal professionals. The HCBA’s stated mission is to promote respect for the law and the justice system through service to the legal profession and the community.
If you are in search of a Tampa Attorney, please do not hesitate to contact Attorney Ron Frey and The Frey Law Firm for a free initial consultation. Attorney Frey is an experienced criminal defense attorney who serves clients in Tampa, Florida and beyond. We look forward to speaking with you.
The Frey Law Firm and Attorney Ron Frey successfully defended an air traffic controller and firefighter who was indicted for alleged crimes involving a purported weapon of mass destruction. Following nearly two years of exhaustive review and litigation, all charges were completely dismissed.
In a televised interview with WSOCTV, Channel 9 News, Attorney Frey maintained his client’s innocence: “From the start, [our client] has denied any wrongdoing in this case, and we’ve always said we’ve looked forward to addressing this in court.”
“Obviously, we’re very pleased with the decision to dismiss the charges and as a respected firefighter, paramedic and EMT and air traffic controller, [our client] looks forward to moving on with his life.” Frey told WSOCTV, Channel 9 News.
If you, or someone you know, is in need a consultation with a Tampa Criminal Defense Attorney, please contact The Frey Law Firm today for a free initial consultation.
Following his sentencing hearing in his second federal case, Paul Manafort was indicted by a Manhattan grand jury on state charges. What about Double Jeopardy?
At the start of any criminal investigation, attorneys attempt to determine whether the case will be prosecuted by state or federal authorities (or both). This is not always clear at the outset, especially with all of the joint task forces that incorporate multiple agencies into an investigation.
It may come as a surprise to many that alleged criminal conduct can often be prosecuted under both state law and federal law. Further, a defendant can be prosecuted by both state and federal agencies, at the same time, for the same alleged conduct. Although it seems to be double jeopardy, it is not.
Defendants can be charged in both state and federal court. The state and federal government are able to separately prosecute an individual, or entity, when the alleged conduct violates a particular law within their respective jurisdiction. Dual prosecution is permitted due to the Dual Sovereignty Doctrine of the Constitution.
The Fifth Amendment Right Against Double Jeopardy
The Double Jeopardy Clause of the Fifth Amendment provides that a person cannot be prosecuted twice for the same offense. However, the Dual Sovereignty Doctrine is an exception. If a crime is allegedly committed within each individual jurisdiction, as is often the case, a person or entity can be charged or indicted within each respective jurisdiction.
Although alleged criminal conduct can often be prosecuted in a number of jurisdictions, it is common that a singular jurisdiction takes the lead.
Only time will tell whether Paul Manafort has any potential Double Jeopardy claim or defense, or if there is any significant overlap with respect to the alleged criminal conduct. However, at the outset, it seems unlikely in light of the Duel Sovereign Doctrine. That said, the practice of prosecuting defendants in multiple jurisdictions, for the same alleged conduct, is controversial and ripe for continued appellate challenge.
Lincoln’s Last Trial – The Murder Case That Propelled Him to the Presidency – By Dan Abrams & David Fisher
Abraham Lincoln is remembered for many things, most notably his presidency, the civil war, and the abolition of slavery. What many may not realize is that Lincoln was an active and seasoned attorney who handled a wide range of cases involving everything from simple civil contract disputes, to complex corporate railroad litigation. It may come as a surprise to learn that Lincoln also served as an attorney for those accused of criminal conduct. Abraham Lincoln was a criminal defense lawyer. In Lincoln’s Last Trial, we find Lincoln fighting for a young man accused of murder.
Abraham Lincoln – Criminal Defense Lawyer
Throughout his career Lincoln represented clients charged with a wide range of criminal offenses, including forgeries, rape, attempted murder, murder, and everything in between. Lincoln’s Last Trial takes the reader back to Springfield, Illinois in 1859 and the murder case against Quinn “Peachy” Harrison.
Lincoln was retained to represent Mr. Harrison, a young man charged with the murder of another young man, Greek Crafton. It was alleged that Harrison brutally slashed Crafton with a hunting knife during an altercation with Crafton and his brother, while within a small Springfield general store. Crafton had a deep cut in his stomach that went from one side of his body to the other. The wound was gruesome and Crafton’s bowels had to be pushed back into place by a doctor. He was on his death bed in agonizing pain for three days before passing. Harrison was arrested and charged with murder. The prosecution claimed that the act was premeditated and planned by Crafton in advance. If convicted, the sentence was the death penalty, by way of a public execution (hanging). Harrison’s family retained Lincoln to represent him.
Harrison claimed he acted in self-defense. He alleged that Crafton and his brother had threatened him on a previous date and that they viciously attacked him within the store. Ultimately, the case would be decided by way of a jury trial with Abraham Lincoln for the defense.
The book is a true story that is primarily told by way of a court reporter’s transcript that was produced during the trial. It is fascinating to observe the many similarities between a modern day criminal case and a criminal case from 1859.
In many respects, the procedures in 1859 were quite similar to those employed today. There was a jury trial with a twelve person panel; over one hundred people were questioned during voir dire, or jury selection; there was a claim of self-defense; there was litigation and pre-trial hearings on issues involving hearsay; there were alleged statements made while on a deathbed; and many other evidentiary issues. However, there were many noteable differences as well. For instance, the law in Illinois at the time restricted those serving on a jury to naturalized white males who were property owning citizens.
Over seventy-five witnesses were subpoenaed and most testified at some point during the pre-trial hearings and trial proceedings. The trial itself carried with it all of the suspense you would expect from a murder case that rocked a very small and tight-knit community, where everyone knew everyone else.
The case involved eyewitness testimony, credibility contests, expert testimony from a doctor, dying declarations, tactical maneuvers by the prosecution and defense, questions from the jury and more.
Abraham Lincoln – Criminal Defense Lawyer
Lincoln’s skill as a trial attorney is exhibited throughout the book. From his storytelling technique, to the manner with which he framed his arguments, it is apparent that he had an extremely persuasive and impactful approach. The book provides anecdotal looks into other cases Lincoln handled, including an interesting story about a women he represented who was charged with the murder of her husband. The book details her apparent escape as a fugitive from justice following her consultation with Lincoln, and some of the rumors that followed. These interludes, as well as anecdotes regarding Lincoln’s law partners and his law office (he didn’t lock the doors, panes of glass were missing, and the office was so cluttered that there was dirt and plants growing in the corner), make for an interesting read.
The book provides profound insight into the legal system and the right to a trial by jury. This trial was late in Lincoln’s career as an attorney and shortly before his nomination as a presidential candidate by the Republican Party in 1860. Like President John Adams before him, one of our nation’s greatest leaders served as a criminal defense lawyer for those accused of the most heinous of crimes.
This murder case was not a singular event for Lincoln. He appeared in approximately twenty-seven murder cases throughout his career as an attorney. In addition to representing the accused in cases, he also served as a prosecutor in others. The book discusses how he was once offered two-hundred dollars to represent a City and prosecute a case against alleged murder suspects. He turned down the offer and instead represented one of the accused for a quarter of that amount.
The role of the criminal defense attorney is as vital to our functioning system of justice as any other role within the system. In order to get the most accurate results, it is imperative that the accused have not just adequate representation, but a skilled attorney who has the time, resource and experience to defend his or her client against the government’s allegations. When prosecutors, defense lawyers, judges, and juries all perform their roles to the best of their abilities and within the bounds of the law, tragic errors are generally minimized, the truth can be determined, and justice can be secured.
Lincoln’s Last Trial is a great read for those interested in the roots of our criminal justice system, American history, Abraham Lincoln and the law.
The Frey Law Firm is pleased to announce that Attorney Ron Frey has been selected once again for inclusion as a Super Lawyer for 2019! This special honor is reserved for lawyers who exhibit excellence within their area of practice. Tampa Attorney Frey is a criminal defense lawyer who is widely known and recognized as a zealous advocate for his clients.
Less than 5% of attorneys are recognized as a SuperLawyer. Attorney Frey was first selected as a Rising Star by Super Lawyers in 2010 and has been recognized by Super Lawyers each year since.
Super Lawyers are selected following a rigorous peer-reviewed process based upon the attorney’s achievements and experience. Attorney Frey and The Frey Law Firm are committed to excellence in the representation of their clients. The Frey Law Firm has offices in Tampa, Florida, Charlotte, North Carolina and Cleveland, Ohio.
CONTACT THE TAMPA CRIMINAL DEFENSE LAW FIRM
If you have a legal issue or question, please do not hesitate to contact Tampa Criminal Defense Attorney Frey and The Frey Law Firm for a free initial consultation and review. The firm has offices in Hillsborough County and serves clients throughout the State of Florida.
If you, or someone you know, is in need of a Tampa Criminal Defense Lawyer or is under investigation or has been charged with a criminal offense, please contact our law firm today.
According to reports, on September 10, 1897, a drunken motor cab driver in London, England was arrested for drunk driving (DUI) after crashing his vehicle. The driver entered a guilty plea and was fined. (more…)
President Donald Trump’s former personal attorney, Michael Cohen, pleaded guilty in the Southern District of New York yesterday. As a result, journalists, commentators, and attorneys were again confronted with the question: Is it correct to say he pleaded guilty, plead guilty, or pled guilty? (more…)
The general perception seems to be that homicides involving firearms are on the rise. However, the headlines from HumanProgress.org read otherwise: “Firearm Related Homicide has Fallen 28% in the U.S. since 1990.” Although it seems unbelievable, that is what the statistics from HumanProgress.org demonstrate. The statistics and methodologies are outlined within their article Homicide Rate from Firearms. This raises the question, why does it seem that violent crime is on the rise, even if that may not be statistically accurate? Is it reality, our perception, or the prevalence of Surveillance and digital evidence? Tampa Bay Criminal Defense Attorney Ron Frey will explore this question in greater detail below: (more…)
In the Carpenter case, the FBI obtained 12,898 location points that recorded the Defendant’s location over a period of 127 days. The FBI secured the data from the wireless carriers without first securing a warrant based upon probable cause. Was a warrant required?