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Nov
2
2014

Fickman’s Maxim on Judicial Qualifications

Posted by: Robert Fickman

Category: The Meaning of America by Robb Fickman

I figure anyone who wants to sit in judgement of others has got to have some serious issues. Based on this notion, some time back, I came up with:
Fickman’s Maxim on Judicial Qualifications. The Maxim states,

” Anyone who seeks to be a judge,
By definition, is not qualified to be a judge”

As a spin off of the Maxim, whenever someone tells you they are running for judge, tell them
” I’m sorry but you are not qualified. Come back when you are someone else”

I like to end it there. The ” someone else” would be someone who wasn’t seeking to be a judge.

Good luck

Robb Fickman
Houston

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Case Results

AGGRAVATED ROBBERY WITH A DEADLY WEAPON

Case Dismissed (J.S.)

The client was wrongfully charged with Aggravated Robbery with a Deadly Weapon. The complainant alleged that the Defendant arrived at the complainant’s home to meet to discuss a business deal. The complainant alleged that the Defendant suddenly drew a firearm and robbed the complainant. The Defense interviewed the complainant. The complainant’s story was full of holes, and it kept changing. In the end, the complainant’s story made no sense. An argument was presented to the prosecutor explaining all of the holes in the complainant’s story.

EARLY TERMINATION OF FEDERAL SUPERVISED RELEASE

The Motion for Early Termination of Supervised Release was Granted and the supervised release was terminated. (J.R.)

The client was serving a lengthy Federal supervised release for a drug-related offense. An investigation was conducted, and the Defense filed a Motion for Early Termination of Supervised Release.

SEXUAL ASSAULT

No Charges were Filed

The client taught private music lessons. One of the Client’s students alleged that he sexually assaulted the student during a lesson. The Defense Investigation found substantial evidence negating the veracity of the allegation. The complainant’s own conduct was contrary to the allegation. A Defense Package was prepared and presented to law enforcement, and the matter was dropped.

PPP FRAUD-ENGAGING IN ORGANIZED CRIMINAL ACTIVITY

Case Dismissed (V.O.)

The defendant was accused of conspiring with others to commit PPP fraud. The Defense demonstrated that the Defendant was not involved in any conspiracy. Defendant was talked into applying for a PPP loan by a third party. The third party was to receive a percentage of the loan if it was granted. Defendant had no familiarity with the law governing PPP loans. The Defendant relied on the third party to accurately complete the PPP loan application. The third party completed the loan application with fraudulent information. The Defendant was conned and received PPP funds without knowing that the third party had committed PPP fraud. The Defense negotiated an agreement under which the Defendant would make full restitution of the fraudulently obtained loan and serve a short pretrial diversion.

FELONY INJURY TO A CHILD

Grand Jury No Billed and the Charges against the Defendant were Dismissed. (C.H.)

Defendant had agreed to step in and help raise a teenage family member. The teenager moved in with the client’s family, and they did everything they could to help the teen feel at home. The teenager did not want to live with the Client or his family. The teenager made false claims that the Client had physically abused him. Charges were accepted with little police investigation. The Defense launched a “no stone unturned ” investigation. Substantial evidence was developed demonstrating that the teen had planned the false allegation. The allegations made were not supported by the physical evidence. All other family members gave statements in support of the defense. A chronological history and photographs supported the defense. The client took and passed a secret polygraph examination.

All the evidence gathered was put in a Defense package, which was presented to the Prosecutor and the Grand Jury. The Grand Jury returned a NO-Bill, and the charges of Felony Injury to Child were dismissed.

ASSAULT -FAMILY MEMBER

Case Dismissed (S.M.)

The client was falsely accused by her abusive husband of assaulting him. The defense showed that the husband had a history of alcohol abuse and violence. The defense showed that the husband had discharged a firearm in the house and kicked in a door when the client had retreated to a bathroom. The defense put together a comprehensive package, including prior photographs and video showing the complainant’s violent and threatening past. The defense demonstrated that the investigating police officer had done an inadequate investigation. He accepted the husband’s word and filed charges against the defendant’s wife without even attempting to talk to the defendant. A lengthy Defense package was prepared for the DA. After a meeting with the prosecutor, the charges were dismissed.

FEDERAL MARRIAGE FRAUD

No Charges Filed (M.E.)

The client was accused of marriage fraud as a means of obtaining citizenship. The Client and his family were hounded by a federal agent. After a thorough defense investigation showed the marriage was legitimate, the matter was dropped, and no charges were filed against the Client

AGGRAVATED ASSAULT WITH A DEADLY WEAPON

Grand Jury No Bill- No Charges (Expunction granted)

It was in the early morning hours, while it was still dark outside. A stranger was near the front door, seen rummaging around. The homeowner was alone with her children. She was concerned that the stranger was looking for a key and would try to break into her home. The homeowner called the police and waited. The stranger did not leave. The homeowner, in fear for her family, called the client, who was a family member. The client immediately drove to the homeowner’s house. The client parked his vehicle and observed the stranger still rummaging about near the front door. The client told the stranger to leave the property. When the stranger made aggressive moves toward the client and the homeowner, the client acted in self-defense and to defend the homeowner. After a lengthy investigation, a detailed package was prepared for the grand jury. The package covered self-defense and homeowner defense.

EARLY TERMINATION OF A FEDERAL LIFETIME SUPERVISED RELEASE

Motion Granted and Client released from Lifetime Supervised Release. (J.S.)

The client had a prior conviction related to Child pornography and was sentenced to Federal Supervised Release for life. The Defense investigation showed that the Defendant had complied with all conditions, and he posed no threat to society. A Motion for Early Termination of Supervised Release was prepared. The defense package, along with advocacy on behalf of the client, was presented to the Government. In a rare move, the Federal prosecutors agreed not to oppose the Defense motion. The Federal District Court granted the Defendant’s Motion, and the Defendant was released from Lifetime Federal Supervised Release.

ASSAULT -FAMILY MEMBER

Case Dismissed (M.M.)

The client, a Houston area medical assistant, was accused by her estranged husband of assaulting her in her family home. The defense showed that the complainant had a history of alcohol abuse and violence. The defense demonstrated that the police failed to conduct an adequate investigation of the initial charge, No charges should have ever been accepted.

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Case Results

AGGRAVATED ROBBERY WITH A DEADLY WEAPON

Case Dismissed (J.S.)

Related

EARLY TERMINATION OF FEDERAL SUPERVISED RELEASE

The Motion for Early Termination of Supervised Release was Granted and the supervised release was terminated. (J.R.)

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SEXUAL ASSAULT

No Charges were Filed

Related

PPP FRAUD-ENGAGING IN ORGANIZED CRIMINAL ACTIVITY

Case Dismissed (V.O.)

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FELONY INJURY TO A CHILD

Grand Jury No Billed and the Charges against the Defendant were Dismissed. (C.H.)

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ASSAULT -FAMILY MEMBER

Case Dismissed (S.M.)

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FEDERAL MARRIAGE FRAUD

No Charges Filed (M.E.)

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AGGRAVATED ASSAULT WITH A DEADLY WEAPON

Grand Jury No Bill- No Charges (Expunction granted)

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EARLY TERMINATION OF A FEDERAL LIFETIME SUPERVISED RELEASE

Motion Granted and Client released from Lifetime Supervised Release. (J.S.)

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ASSAULT -FAMILY MEMBER

Case Dismissed (M.M.)

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