Judge Strickland stated: So what I’m gonna do on those counts that I’m ordering probation and giving her withholds–again, that’s Counts 5, 8, 11–three of the four fraudulent personal ID counts–there’s gonna be a withhold, followed by a year of supervised probation, once released–again, that’s an issue here….
According to the document, it’s clear the Court stated the defendant’s probation was to start once she was released from jail. Once the defendant/murderer received a sentence of time served for 412 days on counts 1, 2, 3, 6, 9 and 12, the only reason that kept her in custody was her no bond status in a separate and distinct case, the murderers big lying murderer case.
The Judgment:
Adjudication of Guilt was withheld.
Jail:
The convicted felon is ordered to serve 412 days in the OCJ with credit for 412 days time served. This count to run concurrent with each count. To be followed by probation.
Probation:
The convict is placed on 1 year Supervised Probation under the supervision of the Department of Corrections. This probation to run concurrent with each count.
According to the document, Baez claims to have known about the error, but did NOT have any obligation to inform the court. Under the umbrella of an attorney’s duty to the court, attorney’s are primarily responsible for ensuring that orders of the court are followed, while ignorance of the contents of a court order is one thing the failure to abide by that order and the failure to notify the court of a known scrivener’s error in the order, maybe VIOLATION of an attorney’s duty to candor.
The duty of candor is simply not a rule of fine etiquette, but is the gold standards that all officers of the court-especially attorney’s- must live by if we are to ensure the publics trust and faith in our justice system. No attorney should conduct himself or herself in a way that impedes an order of the court.
According to the Florida Bar’s Rules of Professional Conduct under the section entitled ‘Preamble: a Lawyers Responsibilities’ States:
→ A lawyer as a member of the legal profession is a representative of clients, and officer of the legal system, and a public citizen having a special responsibility for the quality of Justice.
→ While it is the lawyers duty, when necessary, to challenge the rectitude of official action, it is also a lawyers duty to uphold legal process.
→ In addition, a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system, because legal institutions in a constitutional democracy depends on popular participation and support to maintain their authority.
→ Lawyers are officers of the court and they are responsible to the judiciary for the proprietor of their professional activities. Within that context the legal profession has granted powers of self-government.
The judge writes: It is very clear the convict and her attorney knew she was to start her probation upon release from the OCJ. Despite this FACT, they took advantage of a scrivener’s error which started the probation while she was being held in the jail pending trial. The defense should not be able to claim that they are now harmed by having the convict serve probation at this time.
The convicted felon is hereby ordered to report to the Department of corrections no later than 12:00 on 26 August 2011, next Friday, but she may choose to report early. She is awarded one year supervised probation and is to begin on the day she reports. They have to contact the Department of Corrections 72 hours prior to her reporting to set up a time and place for them to meet.
This does not mean that the convict had to do her supervision in Orlando, but had to be done.
According to Judge Strickland:
Report the 5th of each month;
pay the State of Florida $20.00 per month towards costs, plus 4% surcharge;
can’t move, change employment or leave the county with out probation officer permission;
can’t carry or own a firearm without permission; no violations of the law;
can’t use drugs, be around drugs, or visit places where intoxication’s, drugs or dangerous substances are sold or dispensed;
and the hardest on for her is that she will have to work at a lawful place of business……………..maybe none of this would be going on, had her attorney actually acted as an officer of the court, and not some stupid child trying to get away without his convicted felon serving her probation!
Hope the Florida Bar looks into this, and he loses his license to practice liar law.
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