Regarding the Fifth Amendment

["Username"]

And another....

Top 10 Reasons You Should Not Talk to the Police, Right to Remain Silent - Law Offices of James Kirk Piccione

 

[ART338WM]

How many people has the speaker taken to jail, that might not have gone should they have spoken up? I sent a gal down the river, who probably shouldn't have gone, because she got into a fight with her mother. Both were injured, but mom spoke up up and wanted her daughter arrested. I tried, and tried, and tried to get the daughter to speak but she refused. If she had, I would have asked the prosecutor to chalk it up to "mutual combat." No harm, no foul, no one goes to jail... because she was hardheaded, she went to jail, and was convicted.

She must have had a crappy lawyer.

 

[ART338WM]

I know no one reading this has anyway of determining if what I state is true or not, but I am about as honest a person that ANY LEO is EVER likely to encounter. My entire documented illegal activity consists of two moving violations in 37 years of driving. A ticket for doing 62 in a 55 speed zone, and failing to come to a COMPLEAT stop at a stop sign in Gary. When I politely informed the officer I actually saw him where he was parked and because of that fact I was pretty sure I came to a COMPLEAT stop, he replied in his opinion it was only a 90% of a compleat stop. I was raised to always respect the law and law enforcement people and I have done so without exception. My father raised me to fear a criminal record second only to death.


Having said that if I ever found myself in a situation where I could end up being accused of a serious crime, I would without doubt NOT speak with police unless a lawyer was present. I say this because I have read literally dozens of documented cases where police by way of intense interrogation got people to confess to crimes they were totally innocent of committing. If GOD FORBID I am actually ever involved in a situation where I had to use violence to protect myself or my loved ones, I definitely would want a lawyer prior to talking with police.


Anyone who doubts my beliefs as sound remember this; there are no laws preventing police from lying to me, buy if I lie to them or make statements that could be in a court of law misconstrued as a lie I can be prosecuted for same. I mean no disrespect what so ever to law enforcement, but when the police report to a crime seen and they consider you for what ever reason even if you have done nothing wrong, a suspect, they are NOT your friends.


I base my beliefs on a what happened to a friend of my family when I was 13 years old. My brothers friend a quite large man at 6'-4" basically grew up at my house because his parents for lack of a better way to term it, didn't seam to give a damn about him. My dad was a electrician working at a local factory near our home as an outside contractor and was able to land Frank a job there. Unfortunately for Frank a employee there took a distinct disliking to frank and constantly was in friction with Frank. Finally on a Friday after work in the company parking lot in front of over a dozen witnesses, this individual started throwing rocks at Frank as he tried to get in his car hitting both Frank and his car, he then physically attacked Frank, because this individual was quite small in comparison to Frank, Frank simply shoved him away as he was repeatedly punching him, as a result this individual fell backwards and fell to the ground on his back, but quickly regained his feet and continued attacking Frank. Finally the co workers watching restrained this guy long enough for Frank to get in his car and leave. Some time during the next three days this individual was fond dead in a strangers back yard.


Frank was subsequently arrested. Frank called my dad as he was the closest thing to family he had. My dad said say nothing he would get him a lawyer. After my dad showed up with a lawyer, Frank was eventually charged with I don't now recall what degree of manslaughter, and during his interrogation the police repeatedly tried to get him to confess to save him from the threat of much more serious charges and possibly more prison time. After Frank's lawyer took action, all charges against frank were dropped prior to it ever going to trial, based on eye witness testimony, combined with the autopsy that proved Frank's actions couldn't have possibly contributed to let alone have caused his death and the autopsy also showed the deceased was a habitual drug user that was not only likely to be under the influence of drugs at the time of the incident, but they likely contributed to his death. I know I am leaving out likely a lot of information, but I know with absolute certainty Frank never used anything even approaching deadly force, and there were dozens of witnesses that told the police #1- the dead guy without just cause or any provocation from Frank, assaulted Frank, #2 Frank restrained himself and didn't even effectively defend himself considering he was about 2x bigger than his assailant, yet despite these facts Frank was still charged.


Yet not only were the police were trying to get Frank to confess to a crime he didn't commit, but to a crime that never even existed in the first place. Makes me wonder how many people like Frank end up in jail because the police so intimidate them and convince them they will go to jail for much longer if they don't confess to a lesser crime. Like I said I can't recall all the details, but if the police had interviewed the eyewitness as Franks lawyer did, I don't see how they could have deemed Frank's actions as anything more than self defense and non lethal at that and by no means could it have met the threshold necessary to be able to charge him with anything let alone a serious crime.

I know considering I have never been arrested let alone charged with anything, if I found myself being accused of murder and being told confess to a lesser crime and do a few years VS decades if I go to trial would scare the absolute hell out of me, and I can see where in such a terrified state WITHOUT the benefit of legal council from a lawyer, one can make some extremely bad decisions because of being scared out of your mind to the point you can not think clearly.

Forgot to add Frank had no previous criminal record what so ever.

 

[2A_Tom]

I think the advice is generally sound, but I wish a new video on the subject would be produced so we wouldn't keep being directed to the same one every 12 to 14 days as if it's a new revelation.

I'm pretty crotchety today.

As a lawyer you could something about it. If you are not pert of the solution you are the precipitate.

 

["Username"]

I know no one reading this has anyway of determining if what I state is true or not, but I am about as honest a person that ANY LEO is EVER likely to encounter. My entire documented illegal activity consists of two moving violations in 37 years of driving. A ticket for doing 62 in a 55 speed zone, and failing to come to a COMPLEAT stop at a stop sign in Gary. When I politely informed the officer I actually saw him where he was parked and because of that fact I was pretty sure I came to a COMPLEAT stop, he replied in his opinion it was only a 90% of a compleat stop. I was raised to always respect the law and law enforcement people and I have done so without exception. My father raised me to fear a criminal record second only to death.


Having said that if I ever found myself in a situation where I could end up being accused of a serious crime, I would without doubt NOT speak with police unless a lawyer was present. I say this because I have read literally dozens of documented cases where police by way of intense interrogation got people to confess to crimes they were totally innocent of committing. If GOD FORBID I am actually ever involved in a situation where I had to use violence to protect myself or my loved ones, I definitely would want a lawyer prior to talking with police.


Anyone who doubts my beliefs as sound remember this; there are no laws preventing police from lying to me, buy if I lie to them or make statements that could be in a court of law misconstrued as a lie I can be prosecuted for same. I mean no disrespect what so ever to law enforcement, but when the police report to a crime seen and they consider you for what ever reason even if you have done nothing wrong, a suspect, they are NOT your friends.


I base my beliefs on a what happened to a friend of my family when I was 13 years old. My brothers friend a quite large man at 6'-4" basically grew up at my house because his parents for lack of a better way to term it, didn't seam to give a damn about him. My dad was a electrician working at a local factory near our home as an outside contractor and was able to land Frank a job there. Unfortunately for Frank a employee there took a distinct disliking to frank and constantly was in friction with Frank. Finally on a Friday after work in the company parking lot in front of over a dozen witnesses, this individual started throwing rocks at Frank as he tried to get in his car hitting both Frank and his car, he then physically attacked Frank, because this individual was quite small in comparison to Frank, Frank simply shoved him away as he was repeatedly punching him, as a result this individual fell backwards and fell to the ground on his back, but quickly regained his feet and continued attacking Frank. Finally the co workers watching restrained this guy long enough for Frank to get in his car and leave. Some time during the next three days this individual was fond dead in a strangers back yard.


Frank was subsequently arrested. Frank called my dad as he was the closest thing to family he had. My dad said say nothing he would get him a lawyer. After my dad showed up with a lawyer, Frank was eventually charged with I don't now recall what degree of manslaughter, and during his interrogation the police repeatedly tried to get him to confess to save him from the threat of much more serious charges and possibly more prison time. After Frank's lawyer took action, all charges against frank were dropped prior to it ever going to trial, based on eye witness testimony, combined with the autopsy that proved Frank's actions couldn't have possibly contributed to let alone have caused his death and the autopsy also showed the deceased was a habitual drug user that was not only likely to be under the influence of drugs at the time of the incident, but they likely contributed to his death. I know I am leaving out likely a lot of information, but I know with absolute certainty Frank never used anything even approaching deadly force, and there were dozens of witnesses that told the police #1- the dead guy without just cause or any provocation from Frank, assaulted Frank, #2 Frank restrained himself and didn't even effectively defend himself considering he was about 2x bigger than his assailant, yet despite these facts Frank was still charged.


Yet not only were the police were trying to get Frank to confess to a crime he didn't commit, but to a crime that never even existed in the first place. Makes me wonder how many people like Frank end up in jail because the police so intimidate them and convince them they will go to jail for much longer if they don't confess to a lesser crime. Like I said I can't recall all the details, but if the police had interviewed the eyewitness as Franks lawyer did, I don't see how they could have deemed Frank's actions as anything more than self defense and non lethal at that and by no means could it have met the threshold necessary to be able to charge him with anything let alone a serious crime.

I know considering I have never been arrested let alone charged with anything, if I found myself being accused of murder and being told confess to a lesser crime and do a few years VS decades if I go to trial would scare the absolute hell out of me, and I can see where in such a terrified state WITHOUT the benefit of legal council from a lawyer, one can make some extremely bad decisions because of being scared out of your mind to the point you can not think clearly.

Forgot to add Frank had no previous criminal record what so ever.

Add to this that many prosecutors judge their success by their conviction rate, as do many of those voting for them.

 

[ART338WM]

I wish to add one last example of what I feel is information that is IMHO as extreme in importance as it applies to this conversation as can be measured. I once read an interview of none other than F. Lee Baily one of if not the most respected and revered of criminal defense lawyers in America, if not the civilized world. So respected is Mr. Baily that at one time he was commanding a fee of IIRC $45k for a one on one single day consultation to a fellow criminal defense attorneys where he instructs you on the finer points of how to maximize your success in a criminal trial. The one part of the interview that made the single most significant and lasting impact on me was what Mr. Baily said concerning a person who has been accused of a serious crime and is going to trial, ESPECIALLY if the case is mostly based on circumstantial evidence. He said that a persons guilt or innocence has nearly ABSOLTELY NOTHING to do with weather or not they get convicted, rather weather you are convicted or acquitted is almost entirely based on how much you can afford to spend on legal representation, ie, your lawyer. He went on to say that a truly superb lawyer (read that to mean extremely expensive) with a 90%+ certainty, can get you out of almost any crime that is based on mostly circumstantial evidence and as we all know well over 90% of all criminal cases are based almost entirely on circumstantial evidence.

To each his own, but you won't catch me talking with police without a lawyer present if I feel there is even the slightest of chances I am a suspect. History of how our legal system works has taught me only a fool acts otherwise.

 

[Kutnupe14]

I wish to add one last example of what I feel is information that is IMHO as extreme in importance as it applies to this conversation as can be measured. I once read an interview of none other than F. Lee Baily one of if not the most respected and revered of criminal defense lawyers in America, if not the civilized world. So respected is Mr. Baily that at one time he was commanding a fee of IIRC $45k for a one on one single day consultation to a fellow criminal defense attorneys where he instructs you on the finer points of how to maximize your success in a criminal trial. The one part of the interview that made the single most significant and lasting impact on me was what Mr. Baily said concerning a person who has been accused of a serious crime and is going to trial, ESPECIALLY if the case is mostly based on circumstantial evidence. He said that a persons guilt or innocence has nearly ABSOLTELY NOTHING to do with weather or not they get convicted, rather weather you are convicted or acquitted is almost entirely based on how much you can afford to spend on legal representation, ie, your lawyer. He went on to say that a truly superb lawyer (read that to mean extremely expensive) with a 90%+ certainty, can get you out of almost any crime that is based on mostly circumstantial evidence and as we all know well over 90% of all criminal cases are based almost entirely on circumstantial evidence.

To each his own, but you won't catch me talking with police without a lawyer present if I feel there is even the slightest of chances I am a suspect. History of how our legal system works has taught me only a fool acts otherwise.

OJ Simpson approves of this post.