Open Side Menu Go to the Top
Register
'I talked/didn't talk to the cops.' Your story. 'I talked/didn't talk to the cops.' Your story.

04-08-2012 , 10:15 PM
i apologize for my language ma'am.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:17 PM
Quote:
Originally Posted by Henry17
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.

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.
You can doubt if you want...makes no difference to me, and you'd probably be a fool to accept what a random internet poster claims in this regard anyhow. But, as I said before, happy for a mod to confirm it.

And I doubt you were a law student, because if you were, you'd know almost everyone wants to do defence law and get their mug on tv, in the papers etc. Insurance lawyers don't become famous.

All our Barrister/Solicitor id cards have pics...as I said, you need them for entry to jail. If you meant business cards, well mine doesn't have a pic. But to each their own for people who do put their pic on it...not my style.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:20 PM
Quote:
Originally Posted by Henry17
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.
Are you talking about Bond University here in Australia? The University named after a bankrupt who subsequently spent years in jail, where you can get a law degree in 2 years? If yes, I'm not sure I'd be bragging about that...lol. Though I don't mean to disparage all lawyers who come out of there, some are very good, but the fact the man that it was named after is now a convicted criminal, has to be a bit embarrassing.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:21 PM
Quote:
Originally Posted by phoenixs1
Are you talking about Bond University here in Australia? The University named after a bankrupt who subsequently spent years in jail, where you can get a law degree in 2 years? If yes, I'm not sure I'd be bragging about that...lol. Though I don't mean to disparage all lawyers who come out of there, some are very good, but the fact the man that it was named after is now a convicted criminal, has to be a bit embarrassing.
if he was convicted because he talked to the police that would really make my day.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:21 PM
Good stories
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:22 PM
Quote:
Originally Posted by General Tsao
i apologize for my language ma'am.
Accepted. Have fun here, see you in the Martin thread.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:24 PM
Quote:
Originally Posted by Max Raker
Sorry....just assumed you were in the US



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/



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.



Right....if the albi is not airtight I see the advantage to not showing your hand.



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.
Max, sadly, once a client is charged, their chances of them avoiding trial, with the exception of where a deal is done, is close to nil, irrespective of the exculpatory evidence you have available and disclose to the opposition. In fact in some cases, they have exculpatory evidence they deliberately withhold from the Defence, despite their legal obligation to disclose it. Sad, but true. In the lacrosse case, weren't the prosecutors aware the DNA proved the accused's innocence, yet failed to disclose that fact? We've had similar cases here.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:26 PM
Quote:
Originally Posted by DblBarrelJ
Henry are you from the US?
Canada

Quote:
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.
Out of 505 students we had one who wanted to be a Crown and two who had aspirations of being super star defence lawyers. It is simply not something people go to law school to be. Unless you are a super star there is absolutely no money in criminal defence work. There is no way to make going to law school worth it and I imagine in the States where law school is much more expensive it would even be worse.

Law school is very cliquey and by year two your future is well known to your peers. Anyone not going Bay St is looked at by the other students as someone with a fatal illness. I don't necessarily agree with this because people can be happy making less but also working less, having a better quality of life, and just enjoying their work more but that is a personal view. The law school culture is Big Law / failure.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:26 PM
Quote:
Originally Posted by phoenixs1
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.
ozzie female <--- Is this the picture on your card

still just for piece of mind can you confirm you did actually get the point being made.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:27 PM
Quote:
Originally Posted by TheCanoe
Good stories
now i feel bad for posting that video so early in the thread. really wasn't expecting the huge derail as ignorant farmers disagreed with supreme court justices and veteran defense attorneys.

my story (henry was right, i didn't get tough with the cop):

i was trying to get home from work on lunch hour to pick up medication i needed, 70 in a 45, woop woop pulled over

"howdy do officer"
"70 in 45 etc"
" medication, just had surgery a week ago, plz?"
"you can explain it at court the judge is really nice"

in other words, i gained nothing by talking to the police. the judge was really nice though, i said your honor and sir and he smiled, i wore my very best suit, went from 6 points to 2 points and $300.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:28 PM
Quote:
Originally Posted by DblBarrelJ
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 agree...though from experience I can say that most of us regret our decision, because after a certain number of years it's not all that much fun, and the money is lousy compared to the corporate lawyers. For example, here Legal Aid pay you the same rate whether you were admitted 2 weeks ago or if you have decades of experience. I'm not talking about salaried legal aid lawyers, but private lawyers who are paid by the government to represent defendants.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:32 PM
Quote:
Originally Posted by phoenixs1
Are you talking about Bond University here in Australia? The University named after a bankrupt who subsequently spent years in jail, where you can get a law degree in 2 years? If yes, I'm not sure I'd be bragging about that...lol. Though I don't mean to disparage all lawyers who come out of there, some are very good, but the fact the man that it was named after is now a convicted criminal, has to be a bit embarrassing.
I wasn't bragging about it nor do I know anything about the school's reputation. It was just one school out of four that we exchanged students and profs with at the time. The choice of Bond was actually pushed for strongly by a professor who wanted to go for the surfing.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:32 PM
Quote:
Originally Posted by Poker Reference
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 think you'd be shocked how many times I've had to say to clients "the police wouldn't have a case against you at all if you hadn't answered questions". And yes, many of these are people that may be innocent and told lies about little things that they thought were irrelevant, or made a mistake or have police or another witness contradict what they said (whether maliciously or mistakenly) etc.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:34 PM
Quote:
Originally Posted by General Tsao
i apologize for my language ma'am.
LOL...no need to apologize...in my line of work, I'm pretty used to it, and then some!
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:36 PM
I might kill Howard Beale for starting this abomination in OOT but nobody tell the cops tia.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:37 PM
Meh, maybe it's just a sample size issue.

The two main guys I'm referring to, one is one of the best Self Defense specialists in the country. He represented me during my officer involved shooting, that's typically his line of work is justifiable UoF.

The other is a (self admitted) douchebag DUI attorney with radio ads that play every half hour and multiple TV spots.

He puts his picture on his business card LOL (and buses, park benches, billboards etc).

Neither of them appear to be struggling financially either. I understand the issue with the legal aid people, but I was under the impression these two were somewhat standard criminal defense types.

Guess not.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:39 PM
Quote:
Originally Posted by General Tsao
if he was convicted because he talked to the police that would really make my day.
LOL... I don't recall the details of the case, it was many years ago, but I suspect he had good lawyers and followed their advice and didn't talk!

He was bankrupted and sent to jail shortly after the university was established...it's not a bad school, but it's a bit odd it didn't change the name after he was sent to jail for 4 years.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:40 PM
Quote:
Originally Posted by phoenixs1
Are you talking about Bond University here in Australia? The University named after a bankrupt who subsequently spent years in jail, where you can get a law degree in 2 years? If yes, I'm not sure I'd be bragging about that...lol. Though I don't mean to disparage all lawyers who come out of there, some are very good, but the fact the man that it was named after is now a convicted criminal, has to be a bit embarrassing.
Seems like an odd sentiment coming from a former penal colony
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:43 PM
Quote:
Originally Posted by chezlaw
ozzie female <--- Is this the picture on your card

still just for piece of mind can you confirm you did actually get the point being made.
LOL...as I said above, no pic on my business card, or website.

I got the point Tsao was making....and the rest was a bit irrelevant, imo. The bottom line to me is the professor and cop in the video got it totally right, and any experienced criminal lawyer worth a grain of salt, will always advise you not to answer questions without an indemnity or formal deal in place. While it may help in one in a million cases, it is so rare as to not be worth the chance. I get that the average person who isn't in the profession might find this all very cynical and hard to believe, but it is the truth.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:44 PM
Quote:
Originally Posted by phoenixs1
Max, sadly, once a client is charged, their chances of them avoiding trial, with the exception of where a deal is done, is close to nil, irrespective of the exculpatory evidence you have available and disclose to the opposition.
But I'm asking about situations before your client has been charged and you have exculpatory evidence.

Quote:
In fact in some cases, they have exculpatory evidence they deliberately withhold from the Defence, despite their legal obligation to disclose it. Sad, but true. In the lacrosse case, weren't the prosecutors aware the DNA proved the accused's innocence, yet failed to disclose that fact? We've had similar cases here.
Not an expert....but in the US I'm pretty sure it is illegal for the prosecution to withhold evidence that proves the innocence of a defendant....but I'm not sure how the state doing something illegal means you should never cooperate.

Last edited by Max Raker; 04-08-2012 at 11:01 PM.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 10:59 PM
Quote:
Originally Posted by DblBarrelJ
Meh, maybe it's just a sample size issue.

The two main guys I'm referring to, one is one of the best Self Defense specialists in the country. He represented me during my officer involved shooting, that's typically his line of work is justifiable UoF.

The other is a (self admitted) douchebag DUI attorney with radio ads that play every half hour and multiple TV spots.

He puts his picture on his business card LOL (and buses, park benches, billboards etc).

Neither of them appear to be struggling financially either. I understand the issue with the legal aid people, but I was under the impression these two were somewhat standard criminal defense types.

Guess not.
It's probably not all that different to how it is here, with the exception that american defence lawyers doing public defence work may be paid better.

Some of my colleagues love their job and wouldn't do anything else, but I'd estimate 70% of us would do something different if we could start over again.

Your lawyer who defended you that was the Self Defence specialist was getting paid by a police union perhaps? Our lawyers that do that work get paid very well. As for the guy with the ads, those are generally the type of lawyers that can make the most money. When I first started out, I wanted all the "big" trials etc, but now I'd much rather have a practise like him, as the work he does would be privately paid, and relatively simple compared to trial work. At the end of the day, I'd rather make more money for the work I do, than do high profile work now.

The stats aren't much different for lawyers in general here...I think something like 50% drop out of private practise here within the first 5/10 years, which given how many years we study, is quite substantial, and speaks volumes of how much "fun" this work is...lol.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 11:00 PM
Quote:
Originally Posted by Max Raker
Seems like an odd sentiment coming from a former penal colony
LOL. Perhaps.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 11:05 PM
Quote:
Originally Posted by Max Raker
But I'm asking about situations before they are charged and you have exculpatory evidence.

That answer falls into my general advice, not to speak to police if you are suspected of committing a crime. I know it may seem cynical to someone who isn't in the system, but it is the best advice you can give a client, irrespective of the circumstances. You must also remember, you don't always know if you're client is telling you the truth either. Something they tell you is exculpatory, you may later discover, when all the evidence against them is disclosed, is in fact quite the opposite. You are always better off answering a case, when you know exactly what they've got.

Not an expert....but in the US I'm pretty sure it is illegal for the prosecution to withhold evidence that proves the innocence of a defendant....but I'm not sure how the state doing something illegal means you should never cooperate.
Yes, I think you're right and think the prosecutors in the lacrosse case may have even done some time. We've had prosecutors prosecuted for it before too. It happens. It probably doesn't come as a surprise for me to tell you that not all lawyers are nice honest people.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 11:15 PM
Quote:
Originally Posted by phoenixs1
It's probably not all that different to how it is here, with the exception that american defence lawyers doing public defence work may be paid better.

Some of my colleagues love their job and wouldn't do anything else, but I'd estimate 70% of us would do something different if we could start over again.

Your lawyer who defended you that was the Self Defence specialist was getting paid by a police union perhaps? Our lawyers that do that work get paid very well. As for the guy with the ads, those are generally the type of lawyers that can make the most money. When I first started out, I wanted all the "big" trials etc, but now I'd much rather have a practise like him, as the work he does would be privately paid, and relatively simple compared to trial work. At the end of the day, I'd rather make more money for the work I do, than do high profile work now.

The stats aren't much different for lawyers in general here...I think something like 50% drop out of private practise here within the first 5/10 years, which given how many years we study, is quite substantial, and speaks volumes of how much "fun" this work is...lol.
Makes sense.

FWIW, after my shooting I didn't talk to the police until my attorney met with me at the hospital.

However one asked me where I was coming from St Patricks day and I answered.

Guess its all relative to the situation.
'I talked/didn't talk to the cops.' Your story. Quote
04-08-2012 , 11:26 PM
Quote:
Originally Posted by DblBarrelJ
Makes sense.

FWIW, after my shooting I didn't talk to the police until my attorney met with me at the hospital.

However one asked me where I was coming from St Patricks day and I answered.

Guess its all relative to the situation.
Sounds like it all worked out well for you and that you were lucky to get such a good lawyer on your team!

Back to the DUI guy....he can make more money doing a DUI plea and get home by lunch time, than a lawyer doing a 17 hour day in a publicly funded Trial will make. Crazy!
'I talked/didn't talk to the cops.' Your story. Quote

      
m