Retroactivity!

The following email was received from the SAO this evening in response to JAABLOG PRR’s over the last few weeks.  We will update with dates and more information as time allows:

Q: My understanding is DTU is case filing regarding searches given the new hemp laws on “odor plus” and Case Filing is using “odor” alone. Is this correct?

This is incorrect. Our prosecutors are reviewing on a case-by-case basis.

Q: Is there any office wide guidance?

Our prosecutors are reviewing on a case-by-case basis.

Q: And is there finally any policy on retroactivity on pending cannabis under three grams cases?

Consistent with the change in state law and the memo issued on Aug. 19, the Broward State Attorney’s Office will be dropping active marijuana cases involving less than three grams in cases where that is the sole charge. (For context, these types of cases have generally been referred to diversion programs or drug court in the past and cannabis cases qualify for diversion three times.) If there are additional charges, our prosecutors will review on a case-by-case basis, consistent with the policies in the Aug. 19 memo. Though the change in the law is not retroactive, we believe that fundamental fairness requires us to treat people in the same way whether the incident occurred before or after July 1. People who are benefiting from pre-trial diversion programs will be permitted to complete their treatment if they want to do so.


BSO MEMO RE HEMP ISSUES:

AUGUST 19 SAO MEMO:

112 thoughts on “Retroactivity!”

  1. 8

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    Review on filing charges for searches on odor or odor plus on a case by case basis based on what? So are searches legal based on smell or smell plus? What the hell is the law on searches? Is it based on how the filing ASA feels that day? This is so Satzian. The law is is whatever I feel like it is.

    1. 5

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      Maybe the law on search/seizure would be something to talk about if Judges across the nation didn’t go along with whatever the dang coppers say happened anyway unless there’s video and they can’t.

    2. 6

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      Time to put these judges on blast. I am tired of the judges NOT FOLLOWING THE LAW ), unjust rulings that put children in danger Judge Fahnestock who are anything but civil and professional. IM sick of this place it’s disgusting. Judge Rodriguez discriminating against clerks because of their beliefs and not saluting the flag. These judges need to be put off the bench. It’s time for a change broward and let’s make these changes together!!! Boot these horrible judges off the bench!!!!

  2. 0

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    So what about not prosecuting less than 3 grams of THC after 7/1? Are they dropping those charges too or is that decision based on some BS case by case basis?

    1. 0

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      Jesus what do you want next, the ending of wrongful prosecutions against minorities? let then enjoy the weed and hopefully they will. Not drive on a suspended dl

    1. 0

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      Let’s hope FAHNESTOCK IS PUSHED OUT OF FAMILY. HER RULINGS PUT CHILDREN IN DANGER AND IN HARMS WAY. WE NEED COMPETENT JUDGES IN FAMILY WHO WILL ALWAYS DO WHATS BEST FOR THE CHILDREN. WE ALL KNOW FAHNESTOCK DOES NOT DO WHAT IS IN THE BEST INTEREST OF THE CHILD. NOT TO MENTION HER TAKING AWAY FOOD OUT OF CHILDRENS MOUTHS BY ORDERING MOTHERS WHO ARE INDIGENT TO PAY UNFAIR CONTEMPT FEES. SHE ALLOWS ATTORNEYS TO BV TAKE ADVANTAGE OF PROSE LITIGANTS. PROTECT OUR CHILDREN AND GET RID OF FAHNESTOCK!!!!!!!!!!

  3. 3

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    So Jeff Marcus’ memo says they need at least 3 grams to file on THC after 7/1. Are they retroactively dismissing THC cases that are less than 3 grams like they’re doing cannabis if that’s the only charge?

    1. 6

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      The story going around the courthouse is that Greta is Saranell Murphy’s biological daughter. They look and behave exactly alike, so cute.

  4. 16

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    START WITH REPENTING FOR ALL THE COUNTLESS LIVES THEY HVE RUINED OVER THE YEARS FOR THEIR BRAINLESS PURSUIT OF THE WAR ON DRUGS

  5. 23

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    Looks like Sandy is cobbling an all female alliance in anticipation of the next chief judge race. Breakfast at Hardy Park Bistro is quite tasty

      1. 17

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        You can bet there’s gonna be some sexiest references exchanged with this bunch. But any judge would make a better Chief Judge than Tooty. The lack of confidence he’s inspired is throughly regrettable among Broward Judges. Its time he try his hand at something else. anything else.

        1. 13

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          Perlman was never much of a looker. Sucking a stogy doesn’t make her look any better.
          I’ve got a big paper bag I’d donate.

  6. 14

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    looks like Scott Israel is going to be reinstated as the duly elected sheriff of Broward.

    What will Mr.Tony do after that?

    He could sell piss flavored mouthwash.
    He could become an “ror only” bail bondsman for murder suspects.
    He could become a safety shoe salesman.
    He could offer natural delivery birth rooms for do it your self deliveries.
    He could switch his party registration back to republican.

    So many opportunities for a former sheriff.

  7. 11

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    Judge Evans just took someone into custody on an outstanding capias for missing court on a possession of cannabis case…

  8. 41

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    Gordon, you hear that ticking sound? It is almost time. You are going to lose… badly. You will come in third or fourth in the race and be remembered as the ultimate patsy and loser. The clock is ticking. You and your cronies are through. Good riddance. The Courthouse will be a better place without you.

    1. 27

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      Weekes never had much of a chance as Lit’l Howie’s handpicked pimp. Too many politicos want to see and hear the last of the poison dwarf and his punks.
      Weeks allowed himself to be set up for this one but good.

  9. 4

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    Did they happen to save all the BSO crap emblazoned with Sheriff Israel’s name? Otherwise it’s going to cost millions for new crap with his name on it?

    1. 23

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      Poor Joel. He sucked it for all it was worth and still remained a County Court Clown with bad breath living on a fixed income.

    1. 17

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      Its not very hard to outpace this jarhead
      Tooty obviously has never been up to the task
      Broward deserves much better

  10. 36

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    The only thing particularly odorous is Satz cronyism playing such a large role in the campaign of Murphy in trying to keep their fingers in the pie after Satz is gone. I hope Teresa tears a big hole in their plans, because I don’t expect to hear much thats true from some of the other candidates.

    1. 8

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      will Teresa create a honest and truthful Broward Conviction Integrity Review Unit like Andrew Warren in Hillsboro and Melissa Nelson in Duval, and review all the corrupt convictions along with their respective complicit corrupt Satz ASSA’s and cops and judges and tale corrective action like the Bar Rules require?

    2. 3

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      Teresa…… we get it…. you endorse yourself.. stop posting your picture 16 times a day… we all know what you look like… you do go door to door soliciting donations…… kinda pathetic.

    1. 1

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      FRANKLY U KNOW – THE DEMOCRAT PARTY IS INFESTED WITH ANTI-SEMITES WHO PROMOTE ANTI-SEMITISM – THE JEWISH JEXODUS IS IN FULL FORCE – THE BLACK BLEXIT – #WALKAWAY – TRUMP 2020!

      JEWS NEED TO WAKE UP TO THE NEW DEMOCRAT PARTY

      1. 1

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        THE DEMOCRAT PARTY IS COMPARABLE TO NAZIS AND THE KKK
        THE NEXT HOLOCAUST WILL BE RIGHT HERE IN THE USA AND WILL BE FAR WORSE THAN HITER

        JEWS WHO SUPPORT THE DEMOCRAT
        PARTY ARE FOOLS

        WAKE UP TO THE NEW DEMOCRAT NAZI PARTY

  11. 16

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    Mike, I have been blindly defending your double dipping department heads now you’re back tracking. You have to keep me in the loop. This is all about the Cruz case right? So we really didn’t need Monica but we still need Carolyn, Jeff and Tim right? Oh we will just bring Monica back in 6 months wink wink! They’ll never figure it out! Satz will rule forever!

  12. 26

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    Hillary and her fellow crooks just want to slide in a little on the side at the expense of the American People … It’s called the Democratic Party
    Creepy Joe wants his turn at the trough

  13. 9

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    Gordo looks like he’s already lost the election ! His contributions have dried up and he’s not sounding very confident anymore.

  14. 3

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    GEORGE ODOM VERSUS JUDGE DENNIS BAILEY

    WHICH WHITE JUDGE WILL BE NEXT?

    LEDEE 2-1
    SEERSUCKER HUNTER 3-1

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