Thread: Attorneys now on the hook for clients' aliases

There are two stories here. The first is the most current in this chain of events. The second one is the incident that started this chain. I have put in the links to all the .pdf files associated with these stories as found in the NBC-2 stories. On the NBC-2 news site you can view the mug shot and some news video if your internet connection will handle it.

Attorneys now on the hook for clients' aliases

http://www.nbc-2.com/articles/readartic ... =20151&z=3

Originally posted on: Tuesday, July 01, 2008 by Kara Kenney
Last updated on: 7/1/2008 6:40:15 PM

COLLIER COUNTY: NBC2 has learned the Florida Bar Association Professional Ethics Committee approved an advisory opinion aimed at lawyers who knowingly represent the same client under different names.

It's an update to an NBC2 investigation that exposed criminals using fake names in court.. to stay out of jail. READ THE ORIGINAL STORY http://www.nbc2investigators.com/articl ... =15505&z=5

Defense attorneys are calling the decision "radical", while Collier County Judge Mike Carr says it's long overdue.

Carr became frustrated last year when he saw an influx of people using multiple names in court to stay out of jail.

He was equally frustrated with the lawyers who knowingly represented the same man under different names, such as Gerardo Hernandez
Guerrero. Also known as Jeraldo Gurrero and Jorge Alejandro Hernandez.

"It wasn't fair, it wasn't just, it had to stop. Helping a man lie to the court ruins lives. it shatters the system of justice and ruins human lives," Carr said Tuesday.

Carr wrote letters to the Florida Bar Association in August 2007 asking for change. READ CARR'S LETTER http://www.nbc-2.com/News/documents/080 ... letter.pdf

June 20th, 2008 the Professional Ethics Committee agreed with him. They approved an advisory opinion detailing how lawyers should not knowingly represent clients with false identities. READ THE OPINION http://www.nbc-2.com/News/documents/080 ... pinion.pdf

After receiving the news Carr was please.

"I'm happy. They've done something positive. I think it's long overdue," he said.

The opinion states if a lawyer knows his client's real name, the attorney should disclose that to the judge. If not, it could be considered a fraud on the court.

Until now, that kind of information has been considered "attorney-client privilege."

"Any ambiguity has been clarified and the rules are crystal clear and if people do it in the future they should expect to go to jail," Carr said.

NBC2 called dozens of defense attorneys. None would talk on camera, but on the phone told NBC2 they are strongly opposed to the decision because it encourages clients to lie to their lawyers.

READ THE RESPONSE FROM THE FLORIDA PUBLIC DEFENDER ASSOC. http://www.nbc-2.com/News/documents/080 ... fender.pdf

In a letter to the bar, Naples Defense attorney Adam Gordon says "By forcing defense counsel to speak on behalf of the client and disclose to the court his or her "real" identity will ultimately lead to us disclosing prior offenses, an absolute violation of attorney-client privilege."

READ GORDON'S LETTER http://www.nbc-2.com/News/documents/080 ... letter.pdf

Another defense attorney tells NBC2 this decision is biased against Hispanics, because they often have long, complicated names.

Still, Carr is convinced keeping attorneys honest about who their clients really are is key to keeping the community safe.

"I'm thrilled with the small part I've played. it's actually going to make things better. that's the goal is to make things better," Carr said.

Although the Ethics Committee has approved this opinion, the Florida Board of Governors will hear appeals for 30 days from the date of the opinion (June 20th).

If it does become an official rule, attorneys who violate it could face sanctions such as suspension or even have their license revoked.


The original story that started this.


NBC2 Investigates: Illegal alias

http://www.nbc2investigators.com/articl ... =15505&z=5

COLLIER COUNTY: NBC2 discovered many illegal immigrants use multiple names to stay out of jail. The problem is so bad, a local judge, the state bar and the federal government are taking action. Investigator Kara Kenney spent three months digging through records to expose how this puts your safety in jeopardy.

We discovered illegal immigrants give authorities different versions of their name when they are arrested. When that happens, it is nearly impossible to track what crimes that person has committed.

Gerardo Hernandez Guerrero was charged with driving without a license, Jeraldo Gurrero was charged with felony criminal mischief, Jorge Alejandro Hernandez was charged with no valid driver's license and Gerardo Guerrero Hernandez was charged with two DUIs and no valid driver's license.

What do all four of these men have in common? They’re all the same man, an illegal immigrant from Mexico. (see exact details, including mugshots at the end of the story)

"It is very confusing," said Lieutenant Dan Gaillardetz of the Lee County Sheriff’s Office.

From jails to the courtroom, the problem is growing.
Immigration and Customs Enforcement knows of 92 illegal immigrants in the Collier County Jail. Digging through arrest reports, the investigators uncovered 59 had aliases.

Freddy Cruz, an illegal immigrant arrested on drug and burglary charges is also known as Carlos Cruz and Fredy Liconda. (Click here to view the booking sheet for his arrest) http://www.nbc-2.com/News/documents/SWP ... dycruz.pdf

Hector Marquez, also known as Pelon Pelon and Jorge Martinez, is an illegal immigrant charged with domestic violence. (Click here to view the booking sheet for his arrest) http://www.nbc-2.com/News/documents/SWP ... arquez.pdf

"Human lives are at risk here," said Collier County Judge Mike Carr.
By not knowing someone’s true identity, judges might treat dangerous criminals as first time offenders, meaning they’ll end up on our streets instead of heading to jail.

"It makes a mockery out of the justice process," said Carr.

Are suspects doing it on purpose?

"They can have two first names, two middle names, and four last names and that causes big confusion," said Gaillardetz.

Gaillardetz says it comes down to a language and cultural barrier.

But NBC2 discovered there might be another reason for the mix-up – the FBI’s own software.

The system used by Lee and other counties only accepts 32 characters, which means long names get shortened. Since different officers type in the information every time a suspect is booked, there's no consistency as to how long names are entered.

The FBI is working to update its system to allow for unlimited characters.

While that will help, some illegal immigrants still lie about their names.

"They're usually on the run. They know they're doing something wrong, they know they're here illegally, and that's their biggest fear is being deported," said Sue McCormick, Deputy Secretary in charge of Immigration and Customs Enforcement.

McCormick says her agency uses a fraud squad to weed out phony documents and expert interviewers to find out the suspect’s true identity.

"The more you dig, sometimes they can't keep their story straight," said McCormick.

Collier County just updated its fingerprint system so that every time a suspect is booked, prints are checked to see whether the person has committed any crimes under a different name.

Lee and Charlotte counties say they are doing the same thing.
Collier County is even considering getting iris scanning equipment.
It’s costly, but Major Scott Salley of the Collier County Sheriff’s Office thinks it is worth the price.

When it comes to locking up offenders, law enforcement agencies want criminals to know they can change their name, but not their identity.

Judge Carr is cracking down on attorneys who represent the same suspect under different names.

The Florida State Bar is using one of his cases as inspiration for a new rule that would prohibit attorneys from knowingly representing people who’ve used false names. They plan to discuss the issue in January.

It's about time!! Now, let's hope all other states follow the lead and do the same thing!!

That's another reason why no "path to citizenship" can even be considered.

Originally Posted by azwreath

It's about time!! Now, let's hope all other states follow the lead and do the same thing!!

That's another reason why no "path to citizenship" can even be considered.

Really. isn't it obvious they would just pick a new name to receive citizeneship.....

Bottom line is they know these people are IA's the firs time they are arrested yet they are released back into our population to break our laws again.

I think we have become a sanctuary county and we are FUMING yet nothing is being done.

All the IA scum SHOULD be DNA tested. They do not have the rights of US citizens and therefore this is perfectly legal. It would cost about 250,000 to keep a nationwide internet based database sytem that ANY police agency could access and would end this scam permanently for all documents.
But then, that would be to easy !

Gerardo Hernandez Guerrero was charged with driving without a license, Jeraldo Gurrero was charged with felony criminal mischief, Jorge Alejandro Hernandez was charged with no valid driver's license and Gerardo Guerrero Hernandez was charged with two DUIs and no valid driver's license.

What do all four of these men have in common? They’re all the same man, an illegal immigrant from Mexico. (see exact details, including mugshots at the end of the story)

Did this guy have matricula cards from the mexican consulate, in each of his fake names? If he did, then the mexican consulate needs to be thrown out of this country for perpetuating fraud.

Another defense attorney tells NBC2 this decision is biased against Hispanics, because they often have long, complicated names.

What a load of bs! Hispanic names arent "long, complicated names".

Its about time someone did something about this problem. GOOD FOR THE FLORIDA BAR ETHICS COMMITTEE!

Originally Posted by SOSADFORUS

Originally Posted by azwreath

It's about time!! Now, let's hope all other states follow the lead and do the same thing!!

That's another reason why no "path to citizenship" can even be considered.

Really. isn't it obvious they would just pick a new name to receive citizeneship.....

Yes is the reason for fingerprints, photos and DNA to be used in all court cases. The lawyers should go to prison and have a good few months living with these wonderful people.

Originally Posted by butterbean

Another defense attorney tells NBC2 this decision is biased against Hispanics, because they often have long, complicated names.

What a load of bs! Hispanic names arent "long, complicated names".

Its about time someone did something about this problem. GOOD FOR THE FLORIDA BAR ETHICS COMMITTEE!

HAHA he says it like it's a new thing. Mexico was not one of the countries that used 2 last names, until recently. Guatamala, Spain do.


People from India have long names, but somehow they can keep their identity in order. Asians have complicated names, they can keep it together too.

A Naples attorney who protested the change contends it’s essentially ratting on your client

By AISLING SWIFT (Contact)
9:28 p.m., Wednesday, July 2, 2008

http://www.naplesnews.com/news/2008/jul ... s-aliases/

Gerardo Guerrero Hernandez was the impetus for a mandate last year requiring Collier County sheriff’s deputies to fingerprint defendants to determine whether they’d used aliases and to provide judges with criminal records listing arrests and convictions here.

Although Guerrero has since been deported, he’s become an example again for a change in professional ethics rules by The Florida Bar. The amendment was partly propelled by Guerrero using four different names and birth dates to avoid a lengthy criminal record — and a complaint by an angry judge, Collier County Judge Mike Carr.

Lawyers now must attempt to get a client who has provided false information to the court to correct it. If that’s not possible, the amendment to the Rule of Professional Conduct 4-3.3 clarifies that lawyers must ensure disclosure is made to a judge. Although lawyers know they can refuse to offer testimony known to be false, they also can refuse if they reasonably believe it to be untrue.

“This makes it crystal clear that your duty to your client does not allow you to assist them in committing crimes,â€