Thursday, August 21, 2014

Retain Counsel As Soon As Possible

Especially if you don't have much experience with the criminal justice system, it can be a mysterious, frightening, and stressful time in your life.  One way to dampen all of this anxiety is to retain an effective attorney as soon as possible.  The earlier in the situation, the better, as having counsel gives a person piece of mind that they will be defended properly, that their story will be heard, and they will not be crushed by the power of the State.  Also, there are things that can happen during the investigative phase of a criminal case in which a defense attorney can make a big difference in the outcome of a situation.  Probably the most important of these issues is when law enforcement wants a suspect to give a statement, but there are others in which an attorney can be very helpful, as in speaking with detectives and prosecutors.
If a situation has become serious enough for you to have a court date, you need an attorney immediately.  If you don't have a competent attorney, and you go to court by yourself; you are asking for trouble.
Competent attorneys have a vast amount of knowledge and experience in dealing with situations similar to yours.  Without an effective attorney defending you, things can happen in your case that are very difficult or impossible to undo, and may affect your life in a very negative way.  

Friday, August 8, 2014

Police Officers Can, and Will, Lie to You

A person who finds himself in a position where they are speaking with a police officer needs to know that they can lie to you.  During the investigation of a crime, it is constitutionally permissible for police to use deception in the course of their duties.  The United States Supreme Court has expounded on this issue in a number of cases.  
In Oregon v. Mathiason, officers falsely told a burglary suspect they had lifted his fingerprints at the crime scene. 429 US 492 (1977).  The suspect subsequently confessed, and the court held that this deception did not invalidate the confession.  In Frazier v. Cupp, police told a murder suspect that his accomplice had been arrested and had confessed, implicating him in the crime.  394 US 731 (1969). Although police used no overt deception in Moran v. Burbine, 475 US 462 (1986),  the court stated, "We have never read the Constitution to require that the police supply a suspect with a flow of information to help him calibrate his self-interest in deciding whether to speak or stand by his rights."
The most common way this deception is used by officers during investigations into accusations of domestic violence is when officers separate the parties to take statements and collect other evidence.   While the parties are separated, officers tell them that the other person has made statements that they have not actually made.  Normally stating that evidence that has been collected inculpates them of a battery.  In these situations, it is best to not give a statement as the statement can hurt the defense later if a case is filed.  The important lesson is that during questioning, do not rely on officers' statements as being truthful because it is a common, legal and effective investigative technique to lie.
If you have been charged with BatteryBattery Domestic Violence, or any crime related to a Domestic incident, or if a protective order (TPO or EPO) has been issued against you, please visit gerobinsonlaw.com or call 702-233-4225 for help.