One of the reasons why the Robert Kraft case is so compelling is not because it involves a high-profile rich man charged with moral turpitude, but because it brings up a number of interesting legal questions. First, Kraft asked for a trial by judge which is occasionally (but rarely) a good defense move. Second, the question as to whether or not the “sneak and peek” warrant was legal in this case will be the “big reveal” once the judge decides on the issue. Now, Robert Kraft’s attorneys are asking for a “speedy trial”. What’s that and why would you want one?
In other words, while this may seem like a trivial case of two misdemeanor charges for which Kraft will pay a nominal fine and never see any jail time, the stakes are larger than you may realize.
The Problem Sneak and Peek Warrant
All Americans should be pulling for Robert Kraft to win this motion. Why? It was an unprecedented breach of the Fourth Amendment to allow such surveillance in the first place. The warrants were authorized by the Patriot Act and their foremost function was to prevent terrorist attacks. While we can all agree that this is a worthy aim, the idea that it would be used against defendants in prostitution case should bother you.
While there’s no rule preventing the government from executing such warrants for misdemeanor crimes, there is a question of whether or not they can be used to prosecute state-level crimes. In other words, does local law enforcement have the right to slip into your home and start recording you without a warrant from a judge? If they can, then you can expect that this tactic will be used again and again to prosecute all kinds of crimes.
If the judge does not permit the warrant to be used, then the evidence against Kraft will evaporate into thin air along with their case.
The Problem of the Speedy Trial
Kraft’s defense attorneys are banking on the fact that the judge will probably toss the evidence. While it’s plausible that they could have other evidence against Kraft, without the video evidence proving what transpired there, it’s unlikely that they would be able to move forward with a prostitution charge. That doesn’t necessarily mean that such evidence isn’t out there waiting to be found. The speed game assumes that pressuring the prosecution into making a fast move will result in them not being ready for trial.
But what happens if the judge permits the sneak and peek evidence against Kraft? In that case, the decision will likely be appealed and the appellate court will be forced to rule on whether or not the evidence is admissible. In other words, the defense loses nothing by demanding a speedy trial. In the worst-case scenario, they’re forced to appeal the admission of evidence.
Talk to a West Palm Beach Criminal Defense Attorney
If you’ve been charged with a misdemeanor or a felony in West Palm Beach, the prosecution and police officers are required to obey the laws set forth under the U.S. Constitution for investigating charges. When they don’t, a skilled defense attorney can get that evidence tossed. Contact the Skier Law Firm P.A. today for a top-quality West Palm Beach criminal defense attorney.