欧博app 被保留为客户T. 凯撒，被指控犯有联邦罪 毒品犯罪. He fought hard for our client and secured a not guilty verdict for one of the charges she was facing. The jury declared a mistrial for the other charge. When the Government stated that it was going to retry the client for the second charge, 律师米尔 filed a motion to have that case dismissed. A U.S. District Court in the Southern District of Florida agreed that the Government could not pursue another trial.
联邦毒品犯罪指控
Caesar was accused of conspiring with three other people – Milligan, 约瑟夫, 和罗奇-从美国带来可卡因.S. 维尔京群岛至佛罗里达. The Government claimed that she had planted two packages of the substance on a flight taken by Roach.
For her alleged participation in the plan, Caesar was charged with:
- 串谋进口可卡因
- Conspiracy to possess cocaine with the intent to distribute
What Was the Alleged Incident that Led to the Charges?
The Government stated that Caesar, who worked as a contractor American Airlines in St. Croix, had planted two packages of cocaine in one of the bathrooms of the plane.
Milligan had asked Caesar to give Roach a ride to the airport. 在开车, Caesar allegedly told Roach that she was placing the cocaine in a trashcan in the bathroom on his side of the plane. He just needed to retrieve the packages.
While Roach was taking the cocaine packages out of the trashcan, 一名空姐, who had become suspicious when Roach entered the bathroom, 请他回到座位上. 因为干扰, he was only able to get one of the two packages; the flight attendant found the other. When the plane landed, Roach was arrested.
审判时发生了什么?
被捕后, Roach cooperated with the Government and provided information against Milligan, 约瑟夫, 和凯撒. 在试验, he testified that Milligan recruited him for the job. She got him an identification card and paid him $1,200. He also said that Caesar had given him a ride to the airport and told him exactly where to find the packages. He stated that he wasn't told what was in them.
在反复的, Roach said that he did not initially tell law enforcement that Caesar had given him a ride nor that she told him where to find the packages. He testified that he lied during the interview but was being honest at trial.
Milligan也证实. She said that she asked Roach to take the job and gave his information to her then-boyfriend 约瑟夫, 据称是谁提供了可卡因. 另外, Milligan stated that she had asked Caesar to give Roach a ride only because her own car had broken down. If her car was running, she would have driven Roach herself. Milligan also said that she didn't ask Caesar to place the cocaine packages on the plane.
在试验, the Government presented as evidence a video recording of Caesar saying that she had strapped the two packages of cocaine on her chest. Then, covering up the drugs with her shirt, she deposited them into the airplane restroom trashcan.
律师米尔 questioned the credibility of Milligan's and Roach's testimonies, 因为它们存在矛盾. He also noted that the Government did not provide any physical evidence that linked Caesar to the cocaine: There were no fingerprints, 也没有任何视频监控. 律师米尔 stated that the absence of such evidence would leave jurors with a reasonable doubt that she had ever possessed the cocaine.
判决结果是什么?
After hearing statements from the Government and the defense, the jury decided that 凯撒是无罪的 of conspiracy to possess with intent to distribute. 然而, regarding the conspiracy to import cocaine charge, it declared a mistrial.
The Government Sought to Pursue a Second Case
2019年9月, the Government said it was going to retry Caesar for the conspiracy to import cocaine charge. 然而, 律师米尔 filed a motion to dismiss that case under the doctrine of collateral estoppel.
The Fifth Amendment guarantees people the right to be free from being re-prosecuted for a crime that had previously been decided on. 然而, in some situations, the Government can retry defendants in cases that resulted in mistrials. 基本上, the doctrine of collateral estoppel says that if the facts of a case have already been determined, 他们再也听不到.
律师Mirer认为, because the jury found Caesar not guilty of conspiracy to possess cocaine with the intent to distribute, 他们认定她没有:
- 同意把可卡因带上飞机
- 告诉罗奇去哪里找包裹
- Physically put the cocaine in the trashcans
Those are the same elements on which the Government's litigation for the conspiracy to import cocaine case would be based. 因此，不能重试.
美国.S. District Court in the Southern District of Florida agreed that a jury had already made a final decision on the facts of the case, 并批准了驳回诉讼的动议.
如果你面临指控 联邦犯罪 in Miami, call the Michael Mirer律师事务所，P.A. at (800) 798-0243. 您也可以通过以下方式欧博app 填写在线联系表格.