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Discussion in 'Off Topic' started by bellalou, Oct 9, 2018.

  1. manesntails

    manesntails Senior Member

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    I got a question.

    What if they are guilty? Guilty of a horrendous crime.
    Would getting them off on a technicality bother you?
     
  2. bellalou

    bellalou Senior Member

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    It’s not a technicality and I hate that media-created phrase.

    First of all, I neither know nor care if they’re guilty. It’s not my job to determine guilt. That’s the jury’s job.

    If the prosecution can’t prove their case that’s on THEM.

    Now, as for technicalities, I suppose you mean things like a missed stated warrant. In reality, a case would not be thrown out for a missed stated warrant. There is something called The good faith exception that allows cops to get away with screwing up because they screwed up in good faith.

    In reality, what people call technicalities, or things that are actually violations of peoples constitutional rights. Things like arresting them without a warrant, or searching their house illegally, or she using evidence that was not listed on a warrant. That was constitutional protections are there for a reason. They are there so that people are not falsely accuse to, so that the police cannot burst into any citizens home and search it without probable cause, and so we don’t live in a police state.

    If the police have violated somebody is constitutional rights, your darn Skippy that I will get them off and never suffer from a sleepless night.

    And I did all this with the voice activation on my phone so that’s why it’s really weird.
     
  3. manesntails

    manesntails Senior Member

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    Oughhh, it would bother me if someone, say, killed or badly beat someone up and I knew they did, to get them off because their rights weren't read to them, or something.

    I think I'd make a bad lawyer.
     
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  4. bellalou

    bellalou Senior Member

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    One other thing that is really important is that the great majority of criminal defendants don’t get off. 99% of criminal cases are settled out of court. They are not solved by the person just being let free. They’re settled by some kind of plea deal with a person does jail time community service or some other type of penalty. My clients don’t get off. The only time that happens is when the prosecution clearly recognizes that they never should have brought the charges in the first place.

    The idea that lots of criminals get off on technicalities is a myth. The great majority of defendants brought into a criminal court are found guilty or plead guilty to something.

    It’s also important to remember that the people who are clearly guilty, people who are found in the middle of committing a crime or who confessed and all the evidence supports that confession, those people don’t go to trial. There is no real defense in those cases and the person generally will take the best plea he can.

    Even so we have had hundreds maybe thousands of exonerations of people who were prosecuted for crimes they did not commit.
     
  5. bellalou

    bellalou Senior Member

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    But they wouldn’t get off because the rates work read to them. Just because a person‘s rights were read to them doesn’t necessarily mean that they get off. It just means whatever they said in that statement they made can’t be used in court.

    However if that statement is the only thing that supposedly proves they did something that’s not enough evidence to convict a person on.

    It’s not like it is on TV. It’s not black-and-white. It’s not cut and dry. Also people seem to think it’s really easy to tell if somebody committed heinous crime‘s. How is it that you supposedly know? You don’t. Even if the person tells you that they did it, you don’t know if that’s true. Lots and lots of people make false confessions for all kinds of reasons. It is not your job as a defense attorney to determine if your client is guilty. Your job is to be there advocate, their voice. You are the one who ensures they get a fair trial. And you’re goal is not necessarily to get them off. That is not the end game. The endgame is to get them a fair trial or a fair day in court.
     
  6. manesntails

    manesntails Senior Member

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    I hear that police are allowed to lie to people during initial questioning. In a way, I can see the benefits, but people with less than adult minds or the mentally handicapped can and do lie and say they committed a crime they didn't commit because they are told to confess and everything will be okay, they can go home.

    What do you think?
     
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  7. bellalou

    bellalou Senior Member

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    I hate that practice. I agree with you, I think it often ends up with people confessing to things they didn’t do because they think they can go home.

    And for the record I do understand peoples discomfort with a lot of the things that I do in my job. It is definitely not a job for everyone. You have to have the right kind of mindset.
     
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  8. manesntails

    manesntails Senior Member

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    On a side note:
    Lookit all the free legal education I'm getting~!!
    :rofl:
     
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  9. endurgirl

    endurgirl Senior Member

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    Don't be surprised when you get a bill in the mail from Bellalou Law Firm. :rofl:
     
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  10. bellalou

    bellalou Senior Member

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    My god, I'm finally out of the car and able to read what I posted from voice activation. I'm amazed anyone could even follow that gibberish! :rofl:

    Great discussion though. I actually love talking about what I do.
     
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