Legal Brief on April 25th, 2018

• Revisiting the Michael Cohen case, there was a lot of news this week if he is going to flip or not flip on the President. The president tweeting out some things about presidential pardons, etc. If you were Michael Cohen’s attorney, what would you recommend flip or not flip?  Do think many attorneys that are facing possible jail time would break the oath and tell what they know?

Most attorneys if instructed by a judge would give up the information. There is a line between what your legal ethics require you to do and committing a crime by being in contempt of court is also a problem. I would have a very difficult time with this and might have to choose client privilege over jail and possible Florida Bar discipline if I felt that the judge was in such error and the harm to my client would be so great.

• Bill Cosby’s jurors are starting to deliberate today. The TV and sitcom dad accused of three counts of aggravated indecent assault in 2004 this is his re-trial. What do you see will happen?
• This is a coin flip trial and the true definition of a “He said…She said” case. The jury is probably more pro-Cosby based on where the trial is taking place, but this is a tough issue and might be split right down the middle. If they do believe her, he’s going to be found guilty and could serve up to 30 years.
• My kids father lives in Ohio and has been skipping out on child support for four years and is $17,000 behind now. Florida maintains the order, but the father reports to the order in Ohio showing doctors notes for a bad back but no action plan to fix it. Is there anything I can do?
• Most states will follow another family courts order but depending on the state it is being heard in, you will probably need an attorney licensed in that state to represent you.
• The murder trial for Markeith Loyd may be delayed because they are thinking there might be 190 witnesses that might testify. Why is this taking so long? Why aren’t you fond of this case?
• With this many potential witnesses, both the defense and the prosecution may want to depose them which could take many months to do. This isn’t about delay, but the volume of evidence that’s going to come into this case.
• The Texas appeals court struck down Texas “revenge porn” law stating that it was unconstitutional and violated the First Amendment in the U.S. Constitution. Around the country questions risen while these “revenge porn” laws were taken place. What about the victims rights in Texas if someone puts pictures of you nude or semi-nude? What about your rights against the Fourth Amendment of the legal search and seizure, don’t your rights apply? Whose rights are more important?
• Anytime we impede on a basic right because of the possibility of harm to another, we have to be careful. Free speech can definitely cause another pain, but to pass any law that limits a basic right gets strictly scrutinized. Texas feels one way. Other states can rule another and until it’s decided by a higher court, each state will rule the way they believe their citizens would want them to.

Listed below are other recent shows if you missed them during the week.

Legal Briefs with Personal Injury Attorney Jeffrey Kaufman: March 28, 2018

Legal Briefs with Personal Injury Attorney Jeffrey Kaufman: March 7, 2018

Jeffrey S. Kaufman is currently licensed to practice law in Florida and seventeen other states. Jeffrey can be found on Justia Lawyers, Martindale Hubble, and HG.org

For more information please visit; Kaufmanlynd.com or Whenyouneedus.com