Training & Legal Reprecussions

[brickeyee]

"Both the subjective and objective portions of the test will often be determined by your statement of what happened, and the investigating officer's impression thereof, as well as the facts."

But the police on the scene will NOT be making this decision.

It IS going to be made by a DA.

Let your attorney deal with the police and the DA.

 

[buzz_knox]

But the police on the scene will NOT be making this decision.

It IS going to be made by a DA.

Let your attorney deal with the police and the DA.

The DA will rely on the police reports, as well as discussions with the investigating officers. If every question the DA asks (i.e. "did he know the deceased? Ever seen him before? Did he say why he shot the guye") is answered with "Don't know. The guy refused to say anything to us" the DA is going to be real interested in looking into it further. The investigating officer certainly will be.

And the DA doesn't always make the decision. The DA can leave that to a grand jury who will hear 1) someone died, 2) your weapon was the instrument of death, and 3) you had no answer when asked what happened . . . unless you want to talk to the grand jury. And if the answer to the inevitable question "why didn't you talk to the police" is "I wanted to talk to an attorney first" . . . well, life's going to get interesting.

I know DAs who consider grand juries as tools to get the indictments they want. I know a DA whose motto was "convicting the guilty is easy. Convicting the innocent is the tricky part" and he was only half-joking. I'll take any advantage I can get, and if that means providing sufficient information to the police that my legitimate affirmative defense is established on the police report, so be it.

 

[brickeyee]

"And the DA doesn't always make the decision. The DA can leave that to a grand jury..."

A distinction wothout a differance since the DA decides to bring the matter before the grand jury.
Usually it means he wants political cover.
"I brough the matter before the grand jury and they refused to issue a true bill."

This is all going to take significant time.

There is no reason to discuss ANYTHING without your attorney present.

 

[David Armstrong]

I thought all arrestees were entitled to two phone calls. Or am I incorrect?

Sorry Bill, missed that question earlier. While it varies from state to state and to some extent agency policy, as a general rule you are incorrect. You do have the right to call an attorney. Beyond that there are no requirements as they relate to the arrest.