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October 2020

2 participants
2 discussions

>Government Objects to Request for Bench Trial
by UFDCJA.org Mail 27 Oct '20

27 Oct '20

From: Gregory Ferbrache <gregory(a)ferbrachelaw.com> Mates, I hope you are all well. A certain AUSA is harassing my client with Superseding Indictments and detention hearings that lack merit. Unfortunately, the meritousness can best addressed by trial, or at least 9 of the ten counts and the 7 additional counts AUSA will seek to present to the Grand Jury in the next week or so. By the way, it is also a NO OFFER, in spite of her falling within Zone A. Rather than wait the year for a vaccine, my client agreed to a bench trial which we asserted our demand in writing during the detention hearing. The detention hearing ended up being continued due to the AUSA's lack of notice as to the allegations. As to the bench trial demand, the AUSA objected under Rule 23 and asserted his right to a jury trial. AUSA has until next Friday to formally file his objection. I have yet to do the legal research on the right of the government to demand a jury trial on a felony matter being equal to that of the defendant's right, especially when there is a suspension of jury trials but not bench trials. If I am dead in the water, that would be good to know as well. If anyone would like to chat with me regarding this, I would be happy to discuss... (801)440-7476. -- This email was sent from the Mailing List Service form on UFDCJA.org

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State Custody versus Federal Custody
by Carolyn Perkins 22 Oct '20

22 Oct '20

I took over a case from the public defender's office. The first attorney decided the client should stay in state's custody. I talked to client's parole attorney, and we agreed he should be in federal custody. How do I get him into federal custody now? I am guessing maybe a writ, and does someone have a sample? Thanks

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