ARRESTED TURNS HIMSELF IN
UPDATE (6.27.06): BUSTED AGAIN: Rush Stops by “Single Man's Paradise”
UPDATE (from 5.2.06 Palm Beach news report): Turns out “arrested” was actually correct: “It's all semantics,” says Capt. Mark Chamberlain, a jail supervisor, about whether a person who surrenders can be called “arrested.” “But it's definitely going to count in our booking statistics as an arrest.”
|Rush's Mug Shot
(reader katymine was all over it!)
THE CAPPER: The bottom line is that Rush, by
getting a “deferred prosecution,” will be out $30,000 for court costs and have a huge hit to his overblown ego. But in the end, if he does what he's
supposed to do, the charge will never be on his record and at the end of 18
months it will vanish. Roy Black, Rush's attorney, deserves a medal. It's a
rich white man's deal, baby. Now just imagine if Rush was a Democrat.
UPDATE II: Here's more on the charges. The attorney I've been
talking to says “abeyance” isn't used very much in his neck of the
woods. However, he talked about “suspended imposition of sentence”
and “suspended execution of sentence.” Here's my theory, which was
given the sniff test by my attorney friend. The fraud charge will be held over
Limbaugh's head until he proves he can stay clean, likely for the 18 months,
as the press release states. But he will have to plead “no contest”
or “guilty” to the fraud charge. He won't do the second, obviously.
If he makes if through the 18 months, the fraud charge will be suspended and
he may even not have to pay the $30 grand. I'm waiting for a couple of emails
from attorneys, just in case I've got somethng wrong here. More to follow… Here's some info that might help those who are not an attorney, and though it
comes from one, it's easy to understand.
During the process it is very common for a prosecutor to agree to drop a
charge or charges in exchange for the defendant agreeing to plead guilty to
one or more other charges. Usually, this is done privately, but because it's
Rush all parties may want it public. I've not heard of the term “abeyance”
technically, but my guess is rather than agreeing to drop a charge, the prosecutor
has agreed not to file a charge in exchange for a guilty plea or a plea of
no contest. If Rush completes a probation without incident, the charge is
When it comes to sentencing you have ” suspended imposition of sentence”
and suspended execution of sentence”. In “suspended imposition of
sentence” the defendant pleads guilty or no contest and no penalty, i.e.
fine or prison is imposed. If this is what happens technically there is no
conviction, because there is no sentence. If the defendant serves his probation
without violation, no sentence is ever imposed and the record for the case
is closed as though there never was a case.
In the case of “suspended execution of sentence”, a sentence is
imposed, a fine or prison, but it is not executed, i.e. the defendant doesn't
have to pay the fine or go to prison. If he serves his probation without violation,
he never serves a day or pays a penny, although this is still a conviction
on his record, because the sentence was imposed, although not executed or
If the defendant has fine or prison time imposed and is ordered to serve it
or pay it, that is the third and most serious, because it is a conviction
and the defendant must pay the fine or serve his time.
In some cases the defendant receives both a fine and a prison sentence. It
makes no difference from a technical point of view to his conviction if it's
a fine or prison time.
UPDATE I: When Rush heard there was a warrant out
for his arrest, he turned himself in. He's agreed to continue treatment, but
the rest of his deal, from what I'm hearing is pure Palm Beach machinations,
which could only happen to a rich white guy. If he continues on his drug addict
program, the charges will be dismissed in 18 months. Nice if you can get it.
Here's the scoop…
“I am pleased to announce that the State Attorney's Office
and Mr. Limbaugh have reached an agreement whereby a single count charge of
doctor shopping filed today by the State Attorney will be dismissed in 18
months. As a primary condition of the dismissal, Mr. Limbaugh must continue
to seek treatment from the doctor he has seen for the past two and one half
years. This is the same doctor under whose care Mr. Limbaugh has remained
free of his addiction without relapse.
“Mr. Limbaugh and I have maintained from the start that there was no
doctor shopping, and we continue to hold this position. Accordingly, we filed
today with the Court a plea of 'Not Guilty' to the charge filed by the State.
“As part of this agreement, Mr. Limbaugh also has agreed to make a $30,000
payment to the State of Florida to defray the public cost of the investigation.
The agreement also provides that he must refrain from violating the law during
this 18 months, must pay $30 per month for the cost of “supervision”
and comply with other similar provisions of the agreement.
“Mr. Limbaugh had intended to remain in treatment. Thus, we believe
the outcome for him personally will be much as if he had fought the charge
The actions taken today are as follows:
— The State Attorney has filed a single charge of doctor shopping with the Court. The charge is being held in abeyance under the terms of an agreement between the State and Mr. Limbaugh.
— Mr. Limbaugh has filed a plea of “Not Guilty” with the Court.
The formal agreement between Mr. Limbaugh and the State Attorney will be
filed with the Court on Monday. The terms of the agreement are substantively
— Mr. Limbaugh will continue in treatment with the doctor he has seen for
the past two and one half years.
— After Mr. Limbaugh completes an additional 18 months of treatment, the State Attorney has agreed to drop the charge.
— Mr. Limbaugh has agreed to make a $30,000 payment to the State of Florida to defray the public cost of the investigation.
MSNBC Breaking News: Radio host Rush Limbaugh arrested on prescription fraud
Radio host Rush Limbaugh has been arrested on prescription fraud charges,
the Palm Beach County, Fla., Sheriff's Office said on Friday.
I truly thought it odd he missed at least some of his shows this week. I just heard this news, then it came over MSNBC. I'll give you more when it's