While it’s true that defense attorneys are paid to ensure that defendants receive a fair trial in a court of law, sometimes there’s not much more that we can do other than keep the prosecution honest. The truth is that some clients are just plain guilty and did precisely what the prosecution is saying that they did. We can advise them to plea down but that’s not always an option. Sometimes, the best we can do is force the prosecution and police to do honest work on their way toward a conviction.
Suspended Boca Raton Mayor Susan Haynie is accused of a litany of felonies and misdemeanors including bribery, corruption, perjury, and more. Defense attorneys asked that the charges against Haynie be dismissed on the grounds that they are unclear or vague. While the maneuver may not sound like much of a winner (the judge is unlikely to dismiss serious charges on the grounds of vagueness) it did force the prosecution into the position of redrafting the charges against Haynie.
The Chess Match Involved in Legal Proceedings
A small thing like this has the potential for intrigue. While the judge will likely not dismiss the case outright, the prosecution is accused of charging the defendant with perjury and yet not specifying where, when, or how the defendant perjured herself. This maneuver can force the prosecution to clarify their allegations and thereby tip their hand so that the defense is prepared to counterattack and move they make. Meanwhile, the defense doesn’t give up anything about how they will defend Haynie because all they’re saying is that the charges were drawn up poorly.
In response, the state’s attorney revised the wording in a number of charges and indicated that the court should find that this was sufficient to commence with the indictment but did not clarify further and did not specify what the defendant said that qualified as perjury.
This is a bit more like poker than it is chess, but in either case, you do not want to tip your strategy to the other side. That makes it easier for them to prepare for and can weaken your case. The state attorney is therefore playing the specifics very close to his chest while the defense attorney is not indicating what formal defense he will use either. Meanwhile, the defense attorney is attempting to force the state’s attorney into disclosing what specific incidences he plans to target during trial by accusing the state’s allegations of being vague.
Meanwhile, Haynie has denied all charges against her, including the new ones with the revised wording. She will likely plead not guilty going forward but what her defense will be is anybody’s guess.
Contact a West Palm Beach Criminal Defense Attorney
If you have been accused of a crime, the West Palm Beach criminal defense attorneys Scott Skier P.A can help prepare the best possible defense and ensure you get a fair trial. Give us a call at (561) 820-1508 or contact us online, and we can begin preparing your defense immediately.