RE: United States v. Defendant(s) JAMES ROLAND DIAL, EVAN "NICK" JARVIS, ALEX ELLERMAN
Case Number 2008R05121 and Court Docket Number 10-CR-00056
Dear XXXXX XXXXXX
The United States Department of Justice believes it is important to keep victims of federal crime informed of court proceedings. This notice provides information about the above-referenced criminal case.
Charges have been filed against defendant(s) JAMES ROLAND DIAL, EVAN "NICK" JARVIS, ALEX ELLERMAN. The lead prosecutor for this case is JOHN R. LEWIS. The main charge is categorized as Corporate Fraud.
The Crime Victims' Rights Act gives victims of criminal offenses in Federal court the following rights: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding GOOD!, involving the crime, or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; and (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
Please be aware that many criminal cases are resolved by a plea agreement between the United States Attorney's Office and the defendant. You should also know that it is not unusual for a defendant to seek to negotiate a plea agreement shortly before a trial is scheduled to begin. Plea agreements can be made at any time and as late as the morning of trial, leaving little or no opportunity to provide notice to you of the date and time of the plea hearing. If the court schedules a plea hearing in this case, we will use our best efforts to notify you of available information as soon as practicable. If you want to inform the prosecutor of your views regarding potential plea agreements, or any other aspect of the case, please contact the prosecutor assigned to this case or me.
We will make our best efforts to ensure you are provided the rights described above. It is important to keep in mind that the defendant(s) are presumed innocent until proven guilty BOOO and that presumption requires both the Court and our office to take certain steps to ensure that justice is served. While our office cannot act as your attorney or provide you with legal advice, you can seek the advice of an attorney with respect to these rights or other related legal matters.
A status hearing is scheduled before Judge David Hittner for October 1, 2010, 10:00 AM at Courtroom 8A, United States District Court, 515 Rusk Ave., Courtroom 8A, Houston, TX 77002 for defendant(s) JAMES ROLAND DIAL, EVAN "NICK" JARVIS, ALEX ELLERMAN. The purpose of this hearing is to determine if there are issues that the Court needs to address and to schedule any necessary future court dates. Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the web site to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the web site.
A trial is scheduled before Judge David Hittner on October 4, 2010, 10:00 AM at Courtroom 8A, United States District Court, 515 Rusk Ave., Courtroom 8A, Houston, TX 77002 for the case which involves defendant(s) JAMES ROLAND DIAL, EVAN "NICK" JARVIS, ALEX ELLERMAN.
Because of the Court's schedule, hearing dates could change on very short notice. If you plan on attending, you may want to call the VNS Call Center or check the web site to confirm the date and time. Please note, there is a 24-hour delay in information transfer to the web site.
Sincerely,
José Angel Moreno
United States Attorney
Casey Jones
Victim Witness Assistant
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