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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Swartz unable to appeal for funds? | 559 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
He's been waiting for that lawyer for as long as I've been doing Groklaw.
Authored by: Anonymous on Thursday, January 17 2013 @ 09:57 AM EST

Society has failed him.

There's nothing wrong with keeping Government expenditures under
control. But limiting expenditures so that the Government isn't able to meet
its obligations is criminal, in this case at least.

If he was found innocent, the Government would have saved X number of
years in costs keeping this guy incarcerated.

Wayne
http://madhatter.ca

[ Reply to This | Parent | # ]

  • Speedy Trial - Authored by: Anonymous on Thursday, January 17 2013 @ 04:36 PM EST
Swartz unable to appeal for funds?
Authored by: Anonymous on Thursday, January 17 2013 @ 08:14 PM EST
PJ, you were right. The Boyer oral arguments do make my hair stand up on end.
How does the Supreme court sleep at night?

[ Reply to This | Parent | # ]

Swartz unable to appeal for funds?
Authored by: Anonymous on Thursday, January 17 2013 @ 08:39 PM EST

Sorry, no, I didn't hear about the guy in FL. Can you tell me his name, or do you have a link handy? I'd like to read more about that.

As far as "profiting from his crime," surely it's not difficult to set up a defense fund, under control of a trustee, so that the money can only be used for his legal expenses? Is even that frowned upon by the judge?

[ Reply to This | Parent | # ]

Swartz unable to appeal for funds?
Authored by: Anonymous on Friday, January 18 2013 @ 04:24 PM EST
"He said it was a risk. Do you remember when the guy in FL
set up such a thing, and it was a big deal to the judge?
It's just something that could be taken the wrong way. It
can look to a judge like you are trying to get rich off of
your 'crime'. There are even laws about such things. It's
just risky."

George Zimmerman did not get in trouble for setting up a
legal defense fund. He got in trouble for setting up a legal
defense fund, raking in the dollars, and then knowingly
lying about it in order to get bail.

There are laws about profiting from a crime you have
committed (often referred to as "Son of Sam" laws). They are
not applicable, as you would have to be convicted of a crime
first, and certain other issues arise in that context as
well.

No idea what Lessig was talking about. It is somewhat common
in high-profile media-covered cases for legal defense funds
to be set up, and/or for high-profile attorneys to take the
case pro bono or for lower rates.

[ Reply to This | Parent | # ]

Swartz unable to appeal for funds?
Authored by: albert on Saturday, January 19 2013 @ 02:37 PM EST
I don't recall a case where a defendant appealed for funds. IIRC, there's
nothing illegal about other parties appealing for funds, and nothing illegal
about someone donating money to help a defendant.

[ Reply to This | Parent | # ]

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