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Forum: Legal Affairs 17 October 2014, 02:39 AM
Replies: 35
Views: 27,240
Posted By erwins
I suppose one can argue that at trial, but I...

I suppose one can argue that at trial, but I agree that it is problematic.
Forum: Legal Affairs 17 October 2014, 02:36 AM
Replies: 35
Views: 27,240
Posted By erwins
The case you're thinking of is Williams v....

The case you're thinking of is Williams v. Brewer, and its holding is that, in roughly the circumstances you describe, Williams did not validly waive his right to counsel. The officer's statements...
Forum: Legal Affairs 14 October 2014, 06:52 PM
Replies: 35
Views: 27,240
Posted By erwins
I'm fairly certain that in England, silence can...

I'm fairly certain that in England, silence can be used to impeach a defendant's testimony in court. So if you are going to rely on an exculpatory explanation, or an alibi, or the like later, the...
Forum: Legal Affairs 14 October 2014, 07:03 AM
Replies: 35
Views: 27,240
Posted By erwins
Unfortunately, your silence can be used against...

Unfortunately, your silence can be used against you in court in some circumstances. The Supreme Court ruled last year that a person being interviewed non-custodially who responded to a question with...
Forum: Legal Affairs 13 October 2014, 12:25 AM
Replies: 35
Views: 27,240
Posted By erwins
I guess the short answer is that there would...

I guess the short answer is that there would never be a time when your "attorney" wasn't present, so it would have no effect.

The longer answer is that you can choose to be unrepresented, but you...
Forum: Legal Affairs 13 October 2014, 12:10 AM
Replies: 35
Views: 27,240
Posted By erwins
There is a difference in what police can do after...

There is a difference in what police can do after you've invoked your right to counsel--which is one of your rights, so it doesn't entirely make sense to say it doesn't affect your rights.

If you...
Forum: Legal Affairs 12 October 2014, 07:47 PM
Replies: 35
Views: 27,240
Posted By erwins
Here, if one qualifies for appointed counsel, I'm...

Here, if one qualifies for appointed counsel, I'm pretty sure most people have a lawyer appointed at their arraignment. If one is hiring one's own lawyer, then it's either someone one already knows,...
Forum: Legal Affairs 12 October 2014, 06:55 AM
Replies: 35
Views: 27,240
Posted By erwins
Yeah, it could be a condition of release. It...

Yeah, it could be a condition of release. It could also be a dramatic way of telling someone that their leaving the jurisdiction could be seen as a sign of guilt. I'm not sure police actually say...
Forum: Legal Affairs 12 October 2014, 04:49 AM
Replies: 35
Views: 27,240
Posted By erwins
Once an accused person makes known to the police...

Once an accused person makes known to the police that they want to speak with a lawyer, or that they will only speak to police with a lawyer present, police have to stop questioning the person. If...
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