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'I talked/didn't talk to the cops.' Your story. 'I talked/didn't talk to the cops.' Your story.

04-08-2012 , 09:42 PM
k i believe you now but you're an austrialian lawyer so we'll contact you if we need to talk about a kangaroo court

i love henry's positions itt

"no lawyer would say what the video says, you're misunderstanding it"
"ok i watched the video, still, he's just saying that to get youtube hits"
"justice jackson must be talking about something else, no non-youtube lawyer would ever say that"
"he IS talking about something else, just ask phoenix, a real defense lawyer whose saying exactly what the video is saying, despite the fact that i said no lawyer would ever say that"
phoenix: "jackson absolutely is saying what GeneralTsao said"
henry: "well, every defense attorney might give that advice but it's just because they don't want to be sued for being a bad lawyer that's all it is."
"i have so much more experience with cops than you...true, all defense lawyers have way more experience than me but they are biased because they are defense lawyers trying to make sure their clients aren't found guilty, and yes, that was the entire point of the video but nevertheless i'm still way smarter so listen to me"
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:44 PM
Quote:
Originally Posted by Henry17
I actually think your experience works against you here. You deal with criminals and lowlifes so your world view is shaped by that. The people you encounter shouldn't be talking to the police.
I can assure you not all my clients are criminals and lowlifes, though of course some might be considered that. I've represented more than one innocent person, and many that are good people that made stupid mistakes. And I've encountered a very large range of personalities in police officers over the years...some are honest and hardworking, some dishonest, some smart, some stupid, some corrupt, some are even now doing time themselves.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:46 PM
Quote:
Originally Posted by Henry17
phoenixs1,

I do have a law degree and unlike General Tsao I do believe you are lawyer. The fact that I was able to pick out that you have your picture on you card by the way you discuss law tells me everything I need to know.
Not sure what you mean by the picture comment, but all our cards have pics on them, as we require them as id to gain entry to jails.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:47 PM
Quote:
Originally Posted by phoenixs1
Ummmm....in case it wasn't obvious, I agree with General Tsao. Jackson made it blatantly obvious that a good lawyer advises his clients not to speak to police.
That isn't the point that is in debate. The quote is used in a way to imply that Justice Jackson was advocating for this position which he was not. The statement was part of a FPT reasoning on the admissibility of a confession. It was a descriptive statement not prescriptive -- the Justice was not actually advocating for this position in the way Duane implies.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:47 PM
No, not your Bar ID, your business card.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:47 PM
Quote:
Originally Posted by phoenixs1
LOL. You missed mine. If you think an experienced criminal defence lawyer was going to let someone avoid answering a direct question, as he was obviously attempting to do, you're more than a bit naive.
No I got the macho bit. Was just looking for confirmation that you didn't actually fail to grasp the point being made.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:49 PM
Quote:
Originally Posted by General Tsao
I didn't say anyone was lying you stupid ****, stop putting words in my mouth ****bag. I quoted directly from IP's website you ****ing empty-headed bottle of **** juice and it clearly included "incriminating statements" along with confessed/plead guilty. I've explained this to you thrice, but you are such a spasming **** muscle that you keep claiming I'm calling IP liars or something.

Quote:
Originally Posted by General Tsao
maybe innocenceproject is lying but you're definitely taking that one word out of the rest of the context.

Relax dude.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:50 PM
All these top notch attorneys have nothing better to do than tard back and forth ITT?
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:50 PM
Less Henry and PR and more stories about talking to cops please
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:50 PM
Quote:
Anyone who has at least the IQ of a ******ed gorilla would not take the positions Henry has taken in this thread.
That's descriptive, sure, you're right. Jackson was describing any lawyer who let his client talk to the police as "not worth his salt".
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:51 PM
Quote:
Originally Posted by Henry17
This is ******ed and just wrong. If you have exculpatory evidence you can probably avoid a trial completely.



I can't speak for Australia but this not at all true here.
I wish you were right on that! I've done submissions pre-trial before, which were rejected, only to later have the cases thrown out at Trial. In one case, the Judge queried with the prosecutor whether he was concerned a miscarriage of justice may occur, and directed him to go back to his office and seek further direction from his boss. In another, I was awarded costs against the Police. Both could have been avoided had the prosecuting authorities taken a sensible view of the evidence. I've also kindly told police before their case was weak, but it generally falls on deaf ears, as their egos get in the way.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:52 PM
Quote:
Originally Posted by Poker Reference
.
I'm saying maybe they're lying and therefore your right. in other words, i'm saying the only way you are right is if they are lying. in other words, i'm saying i agree with IP and unless they're lying, you are wrong.

you ****ing ******, holy ****. do i need to explain everything with 4 different wordings just so you can keep up?
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:53 PM
Quote:
Originally Posted by phoenixs1
LOL! Almost every person who studies law has dreams of becoming a defence lawyer thanks to tv and the movies.
Ok now I'm starting to doubt you are actually a lawyer. I might chalk it up to cultural difference except my law school has an exchange with Bond. Nobody goes into law school wanting to be a defence lawyer.

Quote:
Originally Posted by phoenixs1
Not sure what you mean by the picture comment, but all our cards have pics on them, as we require them as id to gain entry to jails.
Having you picture on your card is super tacky and something lawyers who run their firms out of strip malls / dilapidated brown square buildings / vans have. I think you realized what I meant which is why you are not pretending we were discussing id.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:54 PM
henry, 16 year olds do not have law schools.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:55 PM
Quote:
Originally Posted by phoenixs1
Max, in Australia, and in many countries,
Sorry....just assumed you were in the US

Quote:
there is no general duty of disclosure on behalf of the Accused (with the exception we now have here regarding being required to give notice of an alibi).
A bit too much legalise for me....I think I agree that the accused has no legal obligation or duty to help the police with the investigation, but obv it can sometimes be in his or her interest to be eliminated as a suspect and this usually involve a disclosure of information.

Edit: Woops, missed the part about how you are legally required to give notice of an alibi....but in the absence of this law are you really going to withhold this if it proves your client could not have committed the crime/

Quote:
Exculpatory evidence is presented at Trial, and not in advance to the Police.
If I was innocent of a crime and had an airtight exculpatory piece of evidence, I'd rather not go to trial, lose my job, be in the paper for being charged with murder etc.

Quote:
l obtain statements from Witnesses, but keep those on my file. If you show the Police/Prosecuting authorities the holes in their case prior to Trial, chances are they will just bend over backwards to try to plug those holes.
Right....if the albi is not airtight I see the advantage to not showing your hand.

Quote:
On occasion, we will do written submissions to the Prosecutors in advance of Trial in an attempt to have the charges discontinued, but a smart lawyer is careful what he discloses in those submissions, as they are rarely successful and could cause damage to your client's case at Trial.
I guess I was asking about something a bit different. I imagine most people that hire you are in deep enough to where there is almost certainly going to be a trial....But if your client has a 99% chance of avoiding a trial by giving certain information to the police I can't imagine any reason to not cooperate.

Last edited by Max Raker; 04-08-2012 at 10:06 PM.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 09:58 PM
Oh yay. The Henry and Mrs Henry double team is here.

In before 1000 pages.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:03 PM
Quote:
Originally Posted by DblBarrelJ
POTY

Listen, if either of you two need an experienced investigator to analyze the police investigation for a client looking for holes, let me know.

I provide that.
LOL. If you lived locally I might take you up on that!
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:03 PM
Henry are you from the US?

On a serious note I would take issue with the "nobody wants to be a defense attorney" comment.

I mean, I'm not a lawyer but through my investigative practice I spend alot of time with many criminal defense lawyers and I would have to disagree.

Sure there are people who enter the law profession to be corporate lawyers etc, but many of my lawyer friends really do get off on the trial. It's the reason they're in law. They have a real "I'm a performer and the courtroom is my stage" flair to them.

Most have worked criminal law their entire career, typically starting as prosecutors then switching sides.

I just don't get why you're speaking about criminal defense lawyers like they're too incompetent to practice any other type of law.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:05 PM
Quote:
Originally Posted by General Tsao
I'm saying maybe they're lying and therefore your right. in other words, i'm saying the only way you are right is if they are lying. in other words, i'm saying i agree with IP and unless they're lying, you are wrong.

you ****ing ******, holy ****. do i need to explain everything with 4 different wordings just so you can keep up?

Again. My point is that the "25% blah blah incriminating statements oh my god" is-- generously-- misguided because it ignores the fact that most of these incriminating statements are confessions, which IP elaborates on. In a discussion of whether talking to cops = self-incrimination = sure guilty verdict = waiting fifteen years for IP to spring you from jail, that statistic is very alarming.

But even taken as given, it's a non-threat (1 in 50,000 convicted, 1 in ??? acquitted, 1 in ??????? suspected but never charged). Taken realistically, the odds are even better; the risk of wrongly incriminating oneself if one talks to cops is very, very low. So low, in fact, that the risk can't seriously be presented as a reason not to talk to cops, and you're on stronger statistical ground citing misidentification as a reason never to talk to anyone, as that incidence that one of the bastards will finger you in a crime is triple this self-incrimination statistic that's got you so concerned.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:06 PM
Quote:
Originally Posted by General Tsao
k i believe you now but you're an austrialian lawyer so we'll contact you if we need to talk about a kangaroo court

i love henry's positions itt

"no lawyer would say what the video says, you're misunderstanding it"
"ok i watched the video, still, he's just saying that to get youtube hits"
"justice jackson must be talking about something else, no non-youtube lawyer would ever say that"
"he IS talking about something else, just ask phoenix, a real defense lawyer whose saying exactly what the video is saying, despite the fact that i said no lawyer would ever say that"
phoenix: "jackson absolutely is saying what GeneralTsao said"
henry: "well, every defense attorney might give that advice but it's just because they don't want to be sued for being a bad lawyer that's all it is."
"i have so much more experience with cops than you...true, all defense lawyers have way more experience than me but they are biased because they are defense lawyers trying to make sure their clients aren't found guilty, and yes, that was the entire point of the video but nevertheless i'm still way smarter so listen to me"
LOL. I suspect lawyers in the USA sometimes feel like they just walked out of kangaroo court too.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:08 PM
Quote:
Originally Posted by sharpyetblunt
Wait, is no one picking Henry up on the fact hes arguing that he knows FOR A FACT that if he had not talked to the police instead of doing what he did then the outcome would have been drastically worse. You cant argue with that kind of anecdotal evidence!
and this is key when arguing with the video guy who's whole argument is that it can hurt but can never ever help.

pretty sure it can help, I told off a policeman for driving dangerously when he had stopped me for driving dangerously. In telling him off I admited to driving dangerously but I strongly suspect if I had been meek or said nothing he would have done me instead of letting me off - but I cant be sure.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:08 PM
Quote:
Originally Posted by DblBarrelJ
No, not your Bar ID, your business card.
Ahhhh...no pic on my business card!
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:10 PM
Quote:
Originally Posted by chezlaw
No I got the macho bit. Was just looking for confirmation that you didn't actually fail to grasp the point being made.
LOL...not macho...I'm a female. But anyone who knows a criminal defence lawyer personally, knows a debate will wind up with them being effectively cross examined...it is a personality flaw (perhaps) that many of us have.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:12 PM
Quote:
Originally Posted by Mitch Evans
All these top notch attorneys have nothing better to do than tard back and forth ITT?
LOL...I have heaps of other things I could and should be doing, but am enjoying this a bit (kind of, at times...lol). We're not just lawyers, but people too, some like to play poker, some like to browse the net, post to forums, go to dinner etc. You think all we do is appear in Court and have our heads in paperwork?
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:13 PM
Quote:
Originally Posted by DblBarrelJ
This and a some
'I talked/didn't talk to the cops.' Your story. Quote

      
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