State v. Chadroff, 69--785
| Decision Date | 20 April 1970 |
| Docket Number | No. 69--785,69--785 |
| Citation | 234 So.2d 412 |
| Parties | The STATE of Florida, Appellant, v. Sy CHADROFF, Appellee, and Cross-Appellant. |
| Court | Florida District Court of Appeals |
Earl Faircloth, Atty. Gen., and Arden M. Siegendorf, Asst. Atty. Gen., Richard E. Gerstein, State's Atty., and Joseph Durant, Asst. State's Atty., for appellant.
Joseph N. Unger, Miami Beach, Angus M. Stephens, Jr., Barry L. Garber, Max B. Kogen, Miami, for appellee and cross appellant.
Before PEARSON, C.J., and HENDRY and SWANN, JJ.
The State of Florida appeals from a trial court order which dismissed an information against the appellee that was based on his indictment by the Dade County Grand Jury. Defendant (appellee) has cross-appealed from an order that denied his amended motion to dismiss on the ground that the law establishing a 23 member Grand Jury in Dade County was unconstitutional.
Defendant Chadroff was a practicing attorney in Dade County, Florida. A series of articles apparently appeared in a local newspaper concerning Mr. Chadroff and a Metropolitan Dade County Commissioner. He became aware of these articles when a reporter from the paper called and advised him that a statement had been given which implicated him in a bribery situation. The following day he discussed the situation with two friends who were criminal lawyers and they advised him that he had nothing to worry about. He later learned that an Assistant State Attorney was investigating the matter, and he then discussed with the same two friends the wisdom of going to the Assistant State Attorney and of giving him a statement. These two friends and attorneys gave him no advice and Chadroff told them that he thought he had better go before he received a subpoena.
Before he went to see the Assistant State Attorney he also discussed the matter with another criminal lawyer who was a friend of long standing. He appeared before the Assistant State Attorney on January 27, 1969 and before the Dade County Grand Jury on February 4, 1969. He appeared before the Assistant State Attorney on January 27, 1969 and executed the following document:
'WAIVER OF IMMUNITY BY PERSON APPEARING VOUNTARILY BEFORE THE STATE ATTORNEY OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR DADE COUNTY
I, Sy Chadroff, Voluntarily appearing of my own accord before the State Attorney of the Eleventh Judicial Circuit of Florida, in and for Dade County, and not at his request to appear, desire to discuss and testify in a certain matter pending before him, and do hereby waive any rights that I may have touching my immunity from prosecution in such matter.
I am appearing freely and voluntarily of my own will and accord, and I am thoroughly and completely conscious of all my rights to refuse to testify under the Constitution and laws of this State, and, for the privilege of making this statement, waive all such rights and to any immunity whatsoever.
I understand that I am permitted to have the advice of an attorney and to have an attorney present with me.
I further agree that anything I may say before the aforesaid State Attorney may be used as evidence in any proceedings.
This 27th day of January, A.D. 1969.
/s/s/ SY CHADROFF
(Emphasis added)
With the exception of the third paragraph, which was deleted from the waiver which defendant signed before he talked to the Grand Jury, the Grand Jury waiver is identical to this one. The Grand Jury returned an indictment against him on April 7, 1969 and an information charging him with conspiracy to solicit a bribe and of soliciting a bribe was filed on April 11, 1969.
Defendant moved to dismiss based on a claim of immunity and a hearing was held on the motion. Defendant testified he was never advised that he was a suspect or a potential defendant in the matters under investigation; that he was not familiar with the provisions of § 932.29, Florida Statutes, F.S.A.; that he was never advised as to the effect or meaning of this immunity statute; that he was never advised that he could be compelled to testify under the immunity statute; and was never advised that if he were compelled to testify by operation of the statute, such evidence could not be used against him in a criminal prosecution.
The trial court granted the motion to dismiss and dismissed on the grounds that the defendant was immune from prosecution since the charges alleged in the indictment and information were within the provisions of § 932.29 of the Florida Statutes, F.S.A., and the 'purported waivers of immunity were executed by the defendant without his having been advised of all applicable rights and the meaning and effect of Chapter 932.29, Fla.Stat. (F.S.A.).' The state has appealed from that order.
It has recently been held that a witness, under subpoena, who appears before a Grand Jury and executes a written waiver of the immunities provided by Section 932.29 without being given the benefit of the Miranda warnings is not immune from prosecution on the...
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State v. White
...appeal is confined, as aforesaid, to propriety of trial court's order sustaining defendant's 'motion to quash'. See State v. Chadroff, 234 So.2d 412, 415 (Fla.App.1970); State v. McKinney, 212 So.2d 761 (Fla.App.1968); State v. McInnes, 133 So.2d 581, 583 (Fla.App.1961). See also Deaver v. ......
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State v. Williams, 83-1209
...in subsection (a)(2) that "[r]eview of non-final orders in criminal cases shall be as prescribed by Rule 9.140."2 In State v. Chadroff, 234 So.2d 412 (Fla. 3d DCA 1970), we too found nothing inherently impermissible in a defendant's cross-appeal taken from an order which the defendant was n......
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State v. Levine
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Carroll v. State
...we note that the immunity grant and ultimate discharge of the co-conspirator, Sy Chadroff, was later reversed in State v. Chadroff, 234 So.2d 412 (Fla.App.3rd, 1970). During the Third full term (September 2, 1969) the court's oral order dismissing the information was reduced to writing. The......