Monday, June 16, 2008

ATTORNEY JONATHAN SCHWARTZ SENTENCED TO 1O DAYS JAIL

UPDATE WITH A COMMENT FROM SCOTT SAUL (below)
UPDATED BELOW: Defendant blogs during misdemeanor trial.
Miami Attorney Jonathan Schwartz, a former Dade Public Defender was found guilty of contempt of court and sentenced to 10 days jail, 6 months probation and a special condition that he take a Florida Bar course in professionalism. Schwartz was found guilty of contempt of court today by Collier County Judge Mike Carr, who found that Schwartz had taken $800.00 from a client, failed to appear for two scheduled court dates, and then did nothing when his client got a bench warrant.
The article in the Naples News is
Rumpole says, we don't know a whole lot about this case. We do know something about the defendant. We have interviewed several potential clients who all informed us that this attorney "guaranteed" that they would not go to jail. We actually have a lot more to say on this attorney's business practices and lack of professionalism and the disservice we believe he does to many of the clients who hire him. However, for now, we will let Mr. Schwartz serve his sentence and see what the Florida Bar does.
Lawyers can't guarantee clients that they won't be sent to prison; even when the lawyer is a client as well.
See You In Court.
UPDATE:
This defendant is blogging about his misdemeanor trial. Judge Joe Fernandez presiding; Arnie Trevilla for the defense.
The crime? Something horrific like taking pictures of some City of Miami Police Officers.
We actually represented several defendants many years ago who were arrested and beaten for videotaping some City of Miami Police Officers as they beat someone else.
Welcome to Miami, where photography is a crime.
We ask some of our readers to stop by 2-11 Tuesday. This case bears watching. Has a true crime been committed here, or is this another case where cops bully county court prosecutors because they can't bully the defendant anymore?
THIS IS THE MOST REASONED COMMENT WE'VE SEEN YET ON THE JS ISSUE:
Scott Saul said...
I used to work against Jonathan when I was an ASA and he was a PD. He was a pleasure to deal with yet that was at a felony level with Margolius presiding! When he was a County Court PD, he used to file crazy manifestos on DWLS and traffic cases. He was extremely passionate yet also had a certain degree of madness to him.
Years later, I have a couple of cases stolen from me or post- conviction motions filed (concerning me) and I disagreed with his tactics and discretion. It seemed that it was all a show to take money rather than reasonably envisioning a feasible legal action. I actually had a Capital Sex battery (anal, vaginal and oral penetration..with DNA and a willing victim) where I pled it to 11 and he filed a Rulel 3.850 b/c I did not file a motion for a downward departure. Nine is pretty south of [at the time] Life with a 25. I have seen his inability to act civil in an adverserial setting and that seems to be his downfall. He can be very smart, passionate and crafty but he is the classic "not seeing the forest through the trees" type of person. He also seems really, REALLY eccentric.
When he was a PD, his contempt episodes and judicial recussals were considered, by him a "badge of honor". He kept a booking photo of himself in his office.
No matter what you do, our job is never to go to jail for anybody. We are lawyers, not bodyguards. We are not suppsoed to take bullets for anyone. This is a profession and we are supposed to be advocates...not do anything, mercenaries!
For all you bleeding hearts, the main thing that Jonathan fulfills is the epitimizing of the backstabbing, do anything, say anything lawyer. That is bad for the profession. When you get a "life felony" client and tell them they need to wait 30 days for the "Arthur" hearing, how frustrating is it when client's say that they know a lawyer that, if they just pay x amount of dollars, they will get them out...(some editing by Rumpole- the full text is in the comments section)
Jonathan has spent over 20 years not respecting the perimeters that most other people must comply with. It is sad b/c he has the capacity and know-how to be a very fine lawyer. Out of court he is a very nice person. However, all of us that have seen him over the years could easily tell that one day he would mess with the wrong judge.

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