Legal Question in Criminal Law in Florida

Pre-trial defense under Fed.RulesCrim.Prc.12(b)

I need someone with experience on pre-trial dismissals based on the pleadings of the Indictment.

This case charges a one count conspiracy to money laundering and pleads: On or about....the defendant....conspired to commit OFFENSES against the United States INCLUDING: A & B (the statutory language of 1956(a)(1)(b)(i)and 1957 both in the conjunctive) all in violation of 1956(h).

Because of the word INCLUDING the term [OFFENSES](which can be any), leaves an open door for the prosecution, denies fair notice of charges against him and does not enable the defendant to assert an aquittal or conviction so as to invoke his privilage against double jeopardy for a SINGLE offense. see US v. Oppenheimer

_Is it meritorious as one of several grounds for dismissal?

_Should it be argued as failure to state a claim?


Asked on 3/14/00, 10:03 am

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: Pre-trial defense under Fed.RulesCrim.Prc.12(b)

Your question pertains to whether the indictment is duplictious. Meaning, does the indictment state causes of action that can not be charged together because they are so similar that your due process rights and or double jeopardy rights could be violated. To really determine this I would need to see the actual indictment. As this is a VERY serious situation for you there is no doubt that you should retain counsel to fight these serious charges. If you would like I can provide you a free phone consultation to discuss this matter futher. The forum that you are asking these questions in is a public forum, thus any defenses/information that I could provide to you would be read by many. Since this case is of a very serious matter I will only respond to you in such a way that will not compromise your 5th Amendment rights, or any attorney-client privledges that could be developed. Please call collect if you need to. GOOD LUCK..... (321) 259-1705

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Answered on 3/23/00, 4:12 pm


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