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Invisiblejohnm214
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Why you should remain silent, not concoct excuses, when faced w/ johnny law
    #8004202 - 02/10/08 11:05 AM (15 years, 11 months ago)

I see this topic come up often.


People say "shut up, ask for a lawyer" but then they also advise people to deny everything. Why? You can deny later, but they can't use your refusal to be questioned against you- while they can impeach you w/ prior inconsistent statements should you testify at trial or a hearing.

You can testify at trial. Your lawyer or you can explain at the pretrial to the prosecutor what really happened, but if you lie to the cops, not only can they show you're a lier at trial, you can be charged for that alone- even if your innocent of the underlying accusation (ask martha stuart, who was exonerated of the insider trading accusations she was investigated for, but then sentenced to jail for lying about her non-criminal conduct).

So shut up. You can explain later. Even if you come up with a bulletproof story, if the crime is anything at all, the cop will charge you anyways. Unless you live in podunk city and know all the cops' families, you ain't talking your way out of it before charges are filed.


From some law firms blog:

Quote:

January 24, 2008
Marion Jones Convicted – Why You Need A Criminal Defense Lawyer Every Step Of The Way

Marion Jones’ recent conviction and sentencing to six months in prison for lying to investigators about her use of steroids and performance-enhancing drugs highlights yet another reason why people who run into criminal situations need a competent and skillful criminal defense attorney to partner with them every step of the way. Jones, who is a five-time medal winner and world-class track and field athlete, has had her career devastated and her reputation destroyed by revelations that she lied to New York and California federal law enforcement agents about her use of performance-enhancing drugs.

While a criminal defense lawyer of course could never have undone Jones’ history with steroids and other drugs, he or she could have advised Jones through her testimony, overseen her participation and helped her to avoid self-incrimination. Though Jones would doubtless have faced charges anyway due to her use of drugs, she could have avoided her current harsh sentence by telling the truth and cooperating with authorities, even brokering some kind of plea deal through her lawyer in order to keep her out of jail. Instead, Jones will spend six months in prison, away from her two young children.

The right criminal defense lawyer can’t undo the past. What they can do, however, is help you through every step of the criminal process. Criminal proceedings can be intimidating and complex. You owe it to yourself to seek a lawyer who can conduct a thorough investigation of all charges, bring in appropriate expert witnesses to defend your innocence, and who knows enough about the system to be able to navigate it with ease and skill. A defendant and his or her criminal defense attorney are truly partners as they seek to uphold the defendant’s personal liberty. Are you looking for your partner in criminal defense? Call Neil Shouse & Associates today for a free telephone consultation to review your criminal case.

Posted by Neil Shouse & Associates | Permalink | Email This Post


http://www.californiacriminaldefenseblog.com/


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Invisiblefastfred
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Re: Why you should remain silent, not concoct excuses, when faced w/ johnny law [Re: johnm214]
    #8016078 - 02/13/08 01:00 AM (15 years, 11 months ago)

Good advice. Never say anything that can be pinned down on you later. Cops have plenty of stories about catching people in some small lie which led them to the real bust and/or was used to justify probable cause.

Answer questions with questions, or tell them that you have nothing to say. Or any of dozens of other statements to that effect.


-FF


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