Revised 04/12/2012
We know George Zimmerman has been charged with second degree murder. Here’s what will happen next on the State Court level. There are now certain formalities that must take place as required by the US and Florida Constitutions. He turned himself in at the Jacksonville jail.d by a lawyer.
We know George Zimmerman has been charged with second degree murder. Here’s what will happen next on the State Court level. There are now certain formalities that must take place as required by the US and Florida Constitutions. He turned himself in at the Jacksonville jail.d by a lawyer.
He will be arraigned within a short period of time where a Judge or Magistrate will tell him what the charges are, the possible penalties, and set a bond. When setting a bond the official looks at the gravity of the crime, community connections, employment, criminal history, flight risk, substance abuse, and the like. It is also a positive if a lawyer comes in and explains how these factors apply to his client. It is a very good factor for the judge to consider in his bond hearing that he voluntarily turned himself in.
Where Zimmerman “disappeared” to would have a bearing on any bond If he left the state. Although he could have left the state. He was not charged with anything earlier. But, any prosecutor would say, "He left the state once, he will do it again if he is released on bond."
If bond is granted, it can be personal recognizance, meaning that Zimmerman promises to attend all future court hearings or face a big monetary payment and probable immediate incarceration. Not likely here. It can be a cash/surety bond, meaning that he has to get a bondsman to post the bond or the defendant must post the entire bond amount with the Court. This is possible., In some states, there is a cash/or percentage bond set. This means that he can put up a percentage of the bond with the court and if he doesn’t show up later, he forfeits the entire bond amount.
If bond is granted, it can be personal recognizance, meaning that Zimmerman promises to attend all future court hearings or face a big monetary payment and probable immediate incarceration. Not likely here. It can be a cash/surety bond, meaning that he has to get a bondsman to post the bond or the defendant must post the entire bond amount with the Court. This is possible., In some states, there is a cash/or percentage bond set. This means that he can put up a percentage of the bond with the court and if he doesn’t show up later, he forfeits the entire bond amount.
Next, before everyone gets excited about a trial, since he will be charged directly by the Prosecutor with an "Information,” and not charged by indictment by a Grand Jury, a Preliminary Examination must be held by the Court first.
The Prosecutor must prove there's probable cause for him to go to trial. After the Prosecutor presents evidence and witnesses, Zimmerman's lawyer can cross examine the witnesses and challenge credibility of evidence and witnesses. The Prosecutor only has to prove that there is enough evidence to warrant a trial. Zimmerman can challenge all charges and ask for them to be dismissed or lowered in severity.
Don't expect Zimmerman to testify. Do not expect his attorneys to present evidence because this just invites a trial because if the Prosecutor says one thing and the Defendant presents evidence that says another, it then becomes a jury question almost immediately. Its all about the Prosecutor's evidence.
This is NOT a trial. This hearing does not prove guilt or innocence like a trial. Zimmerman's attorney's job is to challenge state's evidence and try to convince the Judge that the evidence presented by the Prosecutor is not sufficient to move the matter to trial as charged. It's also a chance to see what evidence there is against Zimmerman.
At the conclusion of the hearing, the Judge decides it the evidence fits the elements of the charged crime, and goes through each part of the definition of the charged crime. He could send it to trial as charged. Or, he can dismiss or lower charges.
The Prosecutor would refuse to talk to him, as she did, because he was apparently still represented by attorneys when he contacted her. Her talking to a represented person would cost her job and she would lose her law license. That's a terminal violation of rules governing lawyers. This isn't TV, or CS, or any of the Law and Order shows, where there's no reality. This is the real deal. This is real life.
Before everyone gets excited about a trial, since he will be charged directly by the Prosecutor with an "Information, a Preliminary Examination must be held by the Court first.
The Prosecutor must prove there's probable cause for him to go to trial. After the Prosecutor presents evidence and witnesses, Zimmerman's lawyer can cross examine the witnesses and challenge credibility of evidence and witnesses. The Prosecutor only has to prove that there is enough evidence to warrant a trial. Zimmerman can challenge all charges and ask for them to be dismissed or lowered in severity.
Don't expect Zimmerman to testify. Do not expect his attorneys to present evidence because this just invites a trial because if the Prosecutor says one thing and the Defendant presents evidence that says another, it then becomes a jury question almost immediately. Its all about the Prosecutor's evidence.
This is NOT a trial. This hearing does not prove guilt or innocence like a trial. Zimmerman's attorney's job is to challenge state's evidence and try to convince the Judge that the evidence presented by the Prosecutor is not sufficient to move the matter to trial as charged. It's also a chance to see what evidence there is against Zimmerman.
At the conclusion of the hearing, the Judge decides it the evidence fits the elements of the charged crime, and goes through each part of the definition of the charged crime. He could send it to trial as charged. Or, he can dismiss or lower charges.
.When this is set for trial, if it is, there will certainly be a Change of venue motion to get the trial out of Sanford to somewhere else in Florida. But, the practical result is that Zimmerman has replaced Casey Anthony as the most hated person in America.
Zimmerman will probably be bound over for trial. Many experienced lawyers have never prevailed at a Preliminary examination because the burden of proff for the Prosecutor is so low to send a case on to trial.
And, it’s not over unless or until her is found guilty of every charge beyond a reasonable doubt. But, there’s also the issue with Eric Holder; but, that’s the subject for another day.
And, it’s not over unless or until her is found guilty of every charge beyond a reasonable doubt. But, there’s also the issue with Eric Holder; but, that’s the subject for another day.
The Prosecutor has refused to talk to Zimmerman directly because he was apparently still represented by attorneys when he contacted her. Her talking to a represented person would cost her job and she would lose her law license. That's a terminal violation of rules governing lawyers. This isn't TV, or CS, or any of the Law and Order shows, where there's no reality. This is the real deal. This is real life
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"But, the practical result is that Zimmerman has replaced Casey Anthony as the most hated person in America."
ReplyDeleteI don't agree...I think there is a significant number of people who agree that, based on the evidence so far presented in the media (risky, I know), Zimmerman was defending himself.
The rest of your post, though, is EXTREMELY informative. Thanks for posting this.
No bond. No bail. The only thing making this not first degree murder, in the eyes of the special prosecutor, at least, is pre-meditation.
ReplyDeleteMr. Zimmerman simply didn't premeditate the act of killing Trayvon Martin -- other than that, the prosecutor firmly believes the evidence will show that he intended to cause Trayvon's death, without justification (under relevant Florida law). That means the prosecutor does not believe any self defense or stand your ground claim is remotely colorable.
Otherwise, the charge would have been manslaughter.
Mr. Zimmerman should be prepared to stay in custody until trial. Every other ordinary Murder II defendant is held over for trial.
Too big a flight risk, when he knows the possible outcome includes life in prison, without possibilty of parole. That's called "natural life" -- and he is eligible to be so convicted.
Here endeth the lesson.
And, the Judge just granted Zimmerman $150,000 bond. How do you explain that one since, Every other ordinary Murder II defendant is held over for trial?"
DeleteThank you for your scholarly "lesson" and legal "analysis."
ReplyDeleteBut, its only worthy of a D+ because of your personal opinion you injected and inaccuracies you state as fact.
Here are some things that show you have no clue.
"the prosecutor firmly believes the evidence will show that he intended to cause Trayvon's death, without justification (under relevant Florida law). That means the prosecutor does not believe any self defense or stand your ground claim is remotely colorable."
Have you read the relevant Florida Law, 776.041- Use of force by aggressor?
Probably not.
Your statement about what the prosecutor believes is not necessarily dispositive. We have an adversarial legal system which also means he is presumed innocent unless and until found guilty beyond a reasonable doubt, a very high burden of proof.
This prosecutor has an 85% conviction rate. That also means she has a 15% acquittal rate too. That's a fairly typical prosecutor success rate.
The evidence that a prosecutor presents to the judge initially simply just has to give rise to probable cause to get the case moving toward trial.
"Every other ordinary Murder II defendant is held over for trial."
Held over? Do you mean legally obligated to go to trial or held in jail, which is what I assume you meant.
Where's your basis in actual fact for that statement? There is none. ts just your opinion and baseless assertion
The Judge will look at certain statutory bond consideration factors. Keep in mind that all these factors are arguable by a good lawyer.
When the Judge determines bond, if there is one, at the hearing, He will look at some of these factors.
Some primary ones that are arguable by both sides are:
1. Close community ties
2. Prior convictions
3. Present danger to the community
4. Substance dependency...
5. Flight risk... The one you put the most stock in...
You said, "Too big a flight risk, when he knows the possible outcome includes life in prison, without possibilty of parole."
How do you account for his turning himself in? He had previously consulted attorneys and knew the possible penalties when he turned himself in.
Here, he did not leave the state, and turned himself in a literal football distance from the Georgia state line. He stayed to face and contest the charges. The judge could be convinced by this or any other factor or combination of factors to grant bond, or not.
In a regular 2nd degree case that is not "High profile" like this one, a defendant with factors that indicate a granting of bond would have about an 80% chance of bond.
No matter how much you don't like it, Zimmerman has about a 60% chance of bond.
Uhhhhh, Uh oh! Trayvon already got justice---from Zimmerman's gun. No "tragedy" here. Trayvon was a drug-dealing, thieving, violent punk, who picked the wrong Mexican to try to kill. The Lord, in all his goodness, mercy and justice, delivered us George Zimmerman, a brave warrior who exterminated Trayvon for his evil, crime and hatred. Well done, Zimmerman! The Lord is with you.
ReplyDelete