Search Warrant Affidavit - United States v. Tracy and Carolyn Wade

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 114 · 2024-07-15 · Docket on CourtListener

Summary

An affidavit pursuant to Rule 44(c) FRCrP in United States of America vs. Carolyn Wade, Case No. 23-60173-CR-WILLIAMS, in the U.S. District Court for the Southern District of Florida, sworn before U.S. Magistrate Judge Jared M. Strauss on July 15, 2024 and entered on the docket as Document 114. In the form, the defendant states that the magistrate judge inquired in open court whether a conflict of interest is likely to arise from joint representation and advised her of the right to a fair trial and to an individual lawyer. It states that she was advised to decide, after receiving discovery, whether to continue with joint representation or seek separate counsel. The form then sets out four options: continuing with present counsel, seeking separate counsel, retaining another attorney, or requesting appointed counsel.

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
VS
CARO LYN W ADE
AFFIDAVIT PURSUANT TO RULE 44(c) FRCrP
CA SE NO : 23-60173-CR-W ILLIAM S
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, having been duly sworn and having been advised by the
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court that m y sworn statem ents herein will be considered to be the snm e as if I had made these statem ents tmder
oath in open court before the United States M agistrate Judge, 1 hereby swear as follows:
Pursuant to Rule 44(c), The Honorable Jared M. Strauss, United States M agistrate Judge, has
advised m e of his duty to inquire of my attorney and of the Government's attom ey whether a contlict of interest
is likely to arise in my case. U .S. M agistrate Judge Jared M . Strauss, in open cotlrt, made such inquiry in my
presence and I understand the nature of the inquiry and the responses by my attorney and by the Governm ent's
attorney.
ln open court in my presence, U.S. M agistrate Judge Jared M . Strauss also thoroughly advised
m e of m y constitutional rights to a fair trial; the purpose of such a right; the ramitk ations if convicted; and the
right to an individual and competent lawyer whose concern is only with m y separate and individual interests.
3. U.S. M agistrate Judge Jared M . Strauss also advised m e that after receiving the permitted
discovery in my case, I should speak with my lawyer at length and decide whether to continue with joint
representation or seek separate counsel.
4. U.S. M agistrate Judge Jared M . Strauss has also explained to m e the nature of a conflict; the
fonn it may take; the rnmitications of conflid and my right for a lawyer to be appointed for m e, without charge,
if I nm unable to afford a lawyer.
l clearly understand all of the above, have diseussed the issue of possible conflict with m y attorney
and hereby decide as follows:
I . zmbuvx 
, nm satisfied to continue to be represented by my present
(a) , 
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Case 0:23-cr-60173-KMW   Document 114   Entered on FLSD Docket 07/25/2024   Page 1 of 2

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lawyer even though this may involve a waiver of m y constitutional rights as explained to m e by U.S.
M agistrate Judge Jared M . Strauss. I m ake this decision knowingly, intelligently and voluntarily.
(b) 1, 
, am not satisfied to continue to be representedjointly
with my other defendantts) and hereby inform the court that l will seek separate counsel not associated with my
present lawyer. I m ake this decision knowingly, intelligently and voluntarily.
(c) 1, 
, desire to be represented by another attorney and
understand that any extensions of time or continuances necessitated by my decision will be deem ed to be
excludable tim e tmder the Speedy Trial Act. I make this decision knowingly, intelligently and voltmtarily.
(d) 1, 
, nm not satisfied to continue to be represented by my
present lawyer and l cnnnot afford to retain an attorney and hereby request the Court to appoint an attom ey for
m e. Attached to this afsdavit is a separate affidavit setting forth m y entire financial status and all assets
available to m e. I m ake this decision knowingly, intelligently and voluntarily.
I understand that my statem ents herein and any affidavits attached hereto are made tmder oath, are m ade
as if said in open court to the H onorable Jared M . Strauss, and that if I have not told the truth 1 will become
subject to separate felony criminal charges of perjury or making a false statement.
D 
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W l ESS Attorney of Recor
Sworn to and subscribed before me this 15th day of July, 2024
JARED M . STM USS
UNITED STATES MAGISTRATE JUDGE
cc: A11 Cotmsel of Record
Case 0:23-cr-60173-KMW   Document 114   Entered on FLSD Docket 07/25/2024   Page 2 of 2

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