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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: makaveli8x8]
    #14337333 - 04/23/11 07:45 AM (12 years, 10 months ago)

Yeah I realize he made mistakes but I am now trying to help him in any way I can. Figure out what can be said in court and what evidence can be used against him.

I think that as soon as the cop started questioning him that they should have stopped and informed him of his rights.... That is what happens every time I get arrested :shrug:

edit- yes, I feel like that is part of what the constitution says and the whole State of Arizona vs. Miranda was all about. Protect yourself against self incrimination. I feel like the first thing out of his mouth should have been "mind if we ask you some questions, btw you have the right to remain silent and anything you say or confess may be used against you in court"

my buddy has going for him that he had just woken up, placed a distressed 9-1-1 call to have someone removed from the house and was in a full blown panic attack and not thinking clearly

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337339 - 04/23/11 07:47 AM (12 years, 10 months ago)

during the committal hearing , both parties exchange all of their evidence and info relative to the case. Your lawyer will get all of that.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14337345 - 04/23/11 07:50 AM (12 years, 10 months ago)

Quote:

DosileFlynn said:
during the committal hearing , both parties exchange all of their evidence and info relative to the case. Your lawyer will get all of that.




I dont have a lawyer because I am in no way related to this case. He wont have a lawyer though either. Just a public pretender if he even qualifies for that. I know he doesnt have money but I think he family does (although they arent going to help him pay for a lawyer)

I have a DUI and a petty "violating an order of protection" charge. Then a weed and pipe charge coming up in the future.

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337370 - 04/23/11 07:58 AM (12 years, 10 months ago)

well this is relevant to whoever the original post is in reference to. His public defender, is still a lawyer, and will get all of the evidence given to him in a brief by the prosecutor during the committal hearing.

Although if it's pretty clear that your friend is going to be found guilty for what he is alleged to have done, its better to just plead guilty. You get a concession for doing this, and then introduce the other information previously stated to mitigate his sentence further, and if possible push for a conviction to not be recorded.


That seems to be the best outcome in my mind, if my understanding of the facts of the case are correct.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14337456 - 04/23/11 08:26 AM (12 years, 10 months ago)

I guess it will all come down to what the public defender says. I just wish I could find information that was conclusive and help him out.

He goes back to court next week just to put in his plea so I will have more information at that point. I dont have a law degree by any means but ive been to jail a couple of times and studied a bit of law here and there.

I am hoping that he just gets a minimal sentence and can serve his time with me when I do my DUI. We can sit in jail and make hooch to sell :crazy2:

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337468 - 04/23/11 08:34 AM (12 years, 10 months ago)

he's not going to go to jail don't worry. he will have to pay some sort of fine, probably either get a conviction or a good behaviour bond of some sort. i find it really difficult to believe they will send him to prison for picking a lock.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14337473 - 04/23/11 08:37 AM (12 years, 10 months ago)

prison and jail are 2 different places.

and there is no such thing as a good behavior bond. Once you are convicted you got to do your time.

I live in Arizona, under Sheriff Joe Arpaio's fucked up rules. Someone needs to take that clown out. The jail conditions are borderline unconstitutional. He houses the inmates in a building condemned by the health department. He just makes enough money off the inmates that he can afford to pay the monthly fine.

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337476 - 04/23/11 08:44 AM (12 years, 10 months ago)

australia is a bit different. We have all sorts of different punishments judges can choose to implement. Good behaviour bonds, Community Based Orders (community service), suspended sentences, fines, etc etc etc


yeah i've actually seen that Joe Arpaio guy on some tv shows about drugs and prison and things.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14337573 - 04/23/11 09:29 AM (12 years, 10 months ago)

Yeah he is a major dick. You literally cant eat the dinner at all. It is fucking slop and EVERYDAY for breakfast you get bread, peanut butter, and 2 oranges or a grapefruit.

I know it's jail and not a Hilton but it is fucking sickening the way they treat people who havent even been sentenced yet. All my time so far that I have served has been while "innocent until proven guilty"

He is also under investigation by the Feds for how he treats prisoners and for misspending 100 million dollars of state money

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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337741 - 04/23/11 10:40 AM (12 years, 10 months ago)

Just heard from my friend; he talked to a lawyer and the lawyer seems to think that either the charges will be dismissed or the penalty will be very light. Something like 1-3 years of probation and that's it. He seemed more worried about the "Giving False Information to Law Enforcement" charge which is the M1.

I guess his trespassing was downgraded also, I thought it was felony trespassing but apparently 3rd degree trespassing is only an M3.

If he does go to jail it should be for less than a month

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Invisiblerackem
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337793 - 04/23/11 10:53 AM (12 years, 10 months ago)

gotta love lawyers... only when you need them..


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: rackem]
    #14337802 - 04/23/11 10:55 AM (12 years, 10 months ago)

They are money-sucking scum. Funny how if you cough up 5 grand they will get you out of almost anything, but if you have a state appointed lawyer you pretty much get fucked. Just shows how fair and equal the system is :rolleyes:

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14337814 - 04/23/11 10:57 AM (12 years, 10 months ago)

Lawyers aren't scum. Lawyers are around to help people like you who need advice on the inner workings of the legal system. They are trained professionals, just like financial planners and auditors.



Your whole thread is a testament to the fact of why we need lawyers.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14337865 - 04/23/11 11:12 AM (12 years, 10 months ago)

They charge ridiculous prices though. My buddy has to come up with 5 grand just as the retainer. So just to sign papers and get basic information and case started is 5,000 then he charges per court appearance.

I told my buddy to at least go listen to their first plea deal before he drops money on a lawyer. I dont think he can afford a lawyer anyways.

The prosecutor for this town is a dick. He is more than likely going to have the same one that ive had a number of times. They tried to hit me with 3 months in jail for my DUI and even the judge turned them down. I have 55 days currently but I think I can get it reduced to 35-40 days.

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