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4-AcO-MET
Stranger
Registered: 06/15/12
Posts: 587
Last seen: 11 years, 9 months
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Re: Ask a defense attorney [Re: BoldAsLove]
#16555990 - 07/19/12 06:44 PM (11 years, 9 months ago) |
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Do you ever get really baked before hearings/trials?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: BoldAsLove]
#16556049 - 07/19/12 06:58 PM (11 years, 9 months ago) |
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I have to apologize to you because I am not really up on family law. It is an area of law that I specifically have avoided. On top of that, it is an area that is very, very state specific.
I cant give you anything resembling an accurate answer.
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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Re: Ask a defense attorney [Re: Enlil]
#16556061 - 07/19/12 06:59 PM (11 years, 9 months ago) |
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That's alright, I figured it was outside your area of expertise. Thanks anyway.
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: 4-AcO-MET]
#16556070 - 07/19/12 07:01 PM (11 years, 9 months ago) |
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The hardest drug I use is sugar...so no...
But I know many attorneys that drink like fish....It is very common for attorneys to have a flask in their briefcases...
I don't know of any that are heavy users of any drugs...sorry to disappoint.
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Chemical Addiction



Registered: 08/16/11
Posts: 2,020
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Re: Ask a defense attorney [Re: Enlil]
#16556711 - 07/19/12 08:51 PM (11 years, 9 months ago) |
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I was watching the videos stickied in this forum and i was wondering if i had to show my I.D. if i'm not being arrested or pulled over. I live in arizona so i imagine the answer is yes but it would be nice if there was a loophole. I was under the impression it was illegal to not have an I.D. I've never been harassed when not in my truck as i'm anti-social and dont get out much but you never know
-------------------- Vegetation has crawled for miles towards the cities. It is waiting. Once the city is dead, the vegetation will cover it, will climb over the stones, grip them, search them, make them burst with its long black pincers; it will blind the holes and let its green paws hang over everything. —Jean-Paul Sartre, Nausea
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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I just thought of another question. It's regarding officer safety searches. An officer is allowed to pat you down to look for weapons, right, and remove any "possible weapons" from your pockets? What if he removes a marijuana pipe from my pocket? Someone told me or I heard somewhere that it would technically have found without a warrant and therefore inadmissible in court? Is that correct, or way off?
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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You don't have to have id with you. If you're driving, of course, you need a license. In any case, the police can stop you on the street and ask your name. If you don't give that, they can certainly arrest you for it.
Beyond that, of course, you can tell them you have nothing to say.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: BoldAsLove]
#16558434 - 07/20/12 04:21 AM (11 years, 9 months ago) |
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You're talking about a "terry frisk." This does not extend to anything other than weapons. He can pat you down for weapons only...
BUT, if something about that patdown suddenly gives him probable cause to search you, then he can do that. For instance, if during the patdown, some weed falls out of your jacket...he's gonna seize that. This is true under "plain view" doctrine. An officer is not required to avert his eyes when engaged in a lawful activity and he sees evidence of illegality.
This has been stretched a bit with what has become known as "plain feel doctrine". Its a bit nonsensical, but if the officer can tell something is contraband WITHOUT MANIPULATING THE OBJECT, he can seize that as well.
As you can probably guess, this is pretty dicey shit.
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Diploid
Cuban



Registered: 01/09/03
Posts: 19,274
Loc: Rabbit Hole
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Re: Ask a defense attorney [Re: Enlil]
#16558882 - 07/20/12 08:13 AM (11 years, 9 months ago) |
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You have to tell the police your name even if you're stopped without cause as you walk around legally in a public space?
Damn!
-------------------- Republican Values: 1) You can't get married to your spouse who is the same sex as you. 2) You can't have an abortion no matter how much you don't want a child. 3) You can't have a certain plant in your possession or you'll get locked up with a rapist and a murderer. 4) We need a smaller, less-intrusive government.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Diploid]
#16558922 - 07/20/12 08:27 AM (11 years, 9 months ago) |
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yes....assuming there is a law in your state that requires it...The Constitution provides no protection from it, though.
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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Re: Ask a defense attorney [Re: Enlil]
#16559107 - 07/20/12 09:30 AM (11 years, 9 months ago) |
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Wow, so an officer can just pat me down without a warrant, or really probably cause even, and find some contraband and I get arrested for it. Damn, that seems like a pretty gross violation of the 4th amendment there. I understand if something falls out, or is peeking out, of your pocket, but just feeling something and arresting me for it, haven't I just been searched without consent? What are the odds that someone can defend against it in court?
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: BoldAsLove]
#16559139 - 07/20/12 09:38 AM (11 years, 9 months ago) |
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This is the type of situation that pretty routinely results in a motion to suppress. The cop will be put on the stand, and he will testify to what he felt, and how he determined that it was contraband. Sometimes, the search is thrown out...sometimes it isn't.
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NizzyJones
Fight evil with funk



Registered: 08/22/06
Posts: 2,082
Loc: Somewhere North of Normal
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Re: Ask a defense attorney [Re: Enlil]
#16559337 - 07/20/12 10:20 AM (11 years, 9 months ago) |
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And that's why when they do the Terry patdown they'll frequently ask something like "What is this?" while pressing on something they suspect is contraband - they're trying to get you to admit it is so they don't have to fight the suppression motion later, or at least make it easier.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: NizzyJones]
#16559349 - 07/20/12 10:22 AM (11 years, 9 months ago) |
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NizzyJones
Fight evil with funk



Registered: 08/22/06
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Loc: Somewhere North of Normal
Last seen: 2 years, 12 days
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Re: Ask a defense attorney [Re: Enlil]
#16561228 - 07/20/12 04:56 PM (11 years, 9 months ago) |
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Ha ha! Penis.
-------------------- Wildflower seed on the sand and stone, may the four winds blow you safely home Curriculum vapidum (dry herb vapes)
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BoldAsLove
Pokemon Master


Registered: 03/10/11
Posts: 2,549
Loc: Kanto Region
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Re: Ask a defense attorney [Re: NizzyJones]
#16564009 - 07/21/12 11:27 AM (11 years, 9 months ago) |
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Quote:
NizzyJones said: And that's why when they do the Terry patdown they'll frequently ask something like "What is this?" while pressing on something they suspect is contraband - they're trying to get you to admit it is so they don't have to fight the suppression motion later, or at least make it easier.
What if I do have contraband and they feel it and ask "What is this?" How do I respond? If I don't admit to having it, he can't use that against me in court and I would be more likely to get it suppressed later, right? Lying would get me in more trouble, I know that. What if I just kept silent, would that help? I realize I'm pretty much screwed in that situation, but there has to be a right way and a wrong way to do things.
-------------------- DISCLAIMER: None of the ideas expressed above are actually mine. They are told to me by Luthor and Ferdinand , the five inch tall space aliens who live under my desk. In return for these ideas, I have given them permission to eat any dust bunnies they may find under there.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: BoldAsLove]
#16564632 - 07/21/12 02:57 PM (11 years, 9 months ago) |
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Just keep quiet...or say something like "Could you please hurry so I can be on my way."
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Anonymous #5
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Re: Ask a defense attorney [Re: Enlil]
#16565657 - 07/21/12 09:25 PM (11 years, 9 months ago) |
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Enil, is silence ever not the best response to any question posed by police if you may be violating a law?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Absolutes are always false...including the one I just said..
There are rare cases where saying something is better than saying nothing. Most lawyers won't admit this because the cases are so rare that it is unlikely that you're going to run into one...and you're much more likely to damage yourself thinking that you're in one of the rare cases....
Here's a reality that you have to accept when dealing with cops:
They're better at the interrogation game than you.
I don't care if you're Steven Hawking...they're still better at this game than you are. On top of that, they have the advantage in this game. They don't play by the same rules as you do. If they lie, it's okay..if you do, it's gonna hurt you later and might even be a separate charge.
The deck is stacked against you in a big way. If you think you're going to outsmart them or outmaneuver them, you're most likely wrong. I went to school for 3 years to learn how to think like a lawyer...I routinely cross-examine and destroy cops on the stand...But it is a very, very rare case where I would talk to cops investigating me. That is their game played in their environment by their rules.
Having said all of the above, there are time that problems can be avoided by talking to the cops. These are the rare instance where clarification is all that is needed to make a charge disappear or not be filed. In these rare cases, you should talk to the cops with an attorney at your side. He will be able to stop you if the interview starts going south.
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Anonymous #6
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Re: Ask a defense attorney [Re: Enlil]
#16567164 - 07/22/12 08:55 AM (11 years, 9 months ago) |
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my uncle raped a 5 year old...i hear you defend child rapists? can you help me?
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