In order to evade prosecution

[ghostface]

I was "supposedly" drinking. What do I tell my lawyer. I did not tell the police that I had been drinking. I was handcuffed and brought to a police car for running from the police. Since I never admitted guilt, how can I be guilty. Do I appear in court or do I let the lawyer do the talking. My BR is approximately $3500.

[censored] I am drunk and apoligize if this is the wrong forum. I need some advice. I know some disgruntled lawyers are members of this forum.

[jacki]

Maybe KKF will lend you his lawyer after he's done with his father's murder trial.

[tonypaladino]

WTF?

Were you driving? Why would you run from the police?

What exactly were you charged with?

Resisting Arrest or Disorderly conduct charges have nothing to do with being drunk or not.

[edfurlong]

You ran from the police because you'd been drinking?

[peachy]

your lawyer tell u all the relevant answers to the situation...what u say to them is confidential...ur best bet is to talk to them since the laws are different state to state and im not even clear on what u did or what the situation is

[BigBaitsim (milo)]

1. Get a lawyer.

2. Tell him/her the truth.

3. Don't run awayt from cops.

[BigBaitsim (milo)]

[ QUOTE ]
your lawyer tell u all the relevant answers to the situation...what u say to them is confidential...ur best bet is to talk to them since the laws are different state to state and im not even clear on what u did or what the situation is

[/ QUOTE ]

Peachy is correct. What you tell your lawyer about what you did or didn't do is privileged and cannot be disclosed by your lawyer.

BTW, in court, your job is to STFU. You speak only when your lawyer says so, and then you answer only what you are asked. Never speak up on your own. Ever.

[jman220]

[ QUOTE ]
1. Get a lawyer.

2. Tell him/her the truth.

3. Don't run awayt from cops.


[/ QUOTE ]

Number 2 is true in that you should not lie to your lawyer, and what you say is certainly privileged. However your lawyer cannot knowingly suborn perjury. (This is from the Model Rules of Professional Responsibility, and applies in pretty much every state). Meaning if you tell your lawyer that you were drinking, if he puts you on the witness stand and asks you if you were drinking, and you lie about it, he has an ethical duty to somehow correct that. Most likely your lawyer for this reason will instruct you NOT to tell him whether or not you were actually drinking.

Oh and 1 and 3 are absolutely correct as well.

Edit: Did they perform any tests on you? Field Sobriety tests? Breathylizer? Intoxilyzer? Blood Tests? What state are you in? If this is a first offense, most likely your lawyer can just work it out with the prosecution and you'll get something like probation and mandatory AA, or the equivalent, maybe some community service.

[BigBaitsim (milo)]

[ QUOTE ]
[ QUOTE ]
1. Get a lawyer.

2. Tell him/her the truth.

3. Don't run awayt from cops.


[/ QUOTE ]

Number 2 is true in that you should not lie to your lawyer, and what you say is certainly privileged. However your lawyer cannot knowingly suborn perjury. (This is from the Model Rules of Professional Responsibility, and applies in pretty much every state). Meaning if you tell your lawyer that you were drinking, if he puts you on the witness stand and asks you if you were drinking, and you lie about it, he has an ethical duty to somehow correct that. Most likely your lawyer for this reason will instruct you NOT to tell him whether or not you were actually drinking.

Oh and 1 and 3 are absolutely correct as well.

Edit: Did they perform any tests on you? Field Sobriety tests? Breathylizer? Intoxilyzer? Blood Tests? What state are you in? If this is a first offense, most likely your lawyer can just work it out with the prosecution and you'll get something like probation and mandatory AA, or the equivalent, maybe some community service.

[/ QUOTE ]

Thanks for adding the caveat to my comment about privilege.

[PokerBob]

[ QUOTE ]
1. Get a lawyer.

2. Tell him/her the truth.

3. Don't get caught running away from cops .

[/ QUOTE ]

fyp

[Mason Hellmuth]

[ QUOTE ]
[ QUOTE ]
1. Get a lawyer.

2. Tell him/her the truth.

3. Don't get caught running away on Cops.

[/ QUOTE ]
fyp

[/ QUOTE ]
fyp

[JonPKibble]

[ QUOTE ]
I was "supposedly" drinking. What do I tell my lawyer. I did not tell the police that I had been drinking. I was handcuffed and brought to a police car for running from the police. Since I never admitted guilt, how can I be guilty. Do I appear in court or do I let the lawyer do the talking. My BR is approximately $3500.

[censored] I am drunk and apoligize if this is the wrong forum. I need some advice. I know some disgruntled lawyers are members of this forum.

[/ QUOTE ]

This is something you need to keep confidential, between you and your lawyer.

[CORed]

What exactly were you charged with and what kind of fine or jail time are you looking at? If it's a petty offense and your looking at one or two hundred dollar fine, you may be best off to show up for your araignment, talk to the prosecutor and take whatever plea bargain they offer. If you have no record, they may even offer you something where you take some BS alcohol classes (at your expense) or do some community service, and they will clear your record if you stay out of trouble for a year. If you're looking at serious jail time or big fines, you need a lawyer for sure. Did they charge you with resisting arrest, interfering with an officer, or some such? If so, that makes things worse for your, as they can probably make that charge stick even if they can't prove the original one for drininkg. Was the drinking charge for DUI, or was it because you are under 21? Or was it public intxication? The DUI is potentially pretyy serious. The underage of public intoxication are usually petty offenses.

BTW, running from the cops is usually a bad idea. You can get additional charges filed, you can guarantee the cops won't cut you any slack, and there is a good possibility of the cops beating the crap out of you if they are rogue cops.

[OtisTheMarsupial]

[ QUOTE ]
I was "supposedly" drinking. What do I tell my lawyer. I did not tell the police that I had been drinking. I was handcuffed and brought to a police car for running from the police. Since I never admitted guilt, how can I be guilty. Do I appear in court or do I let the lawyer do the talking. My BR is approximately $3500.

[censored] I am drunk and apoligize if this is the wrong forum. I need some advice. I know some disgruntled lawyers are members of this forum.

[/ QUOTE ]
Drunk is not the word I'd use to describe you.
You come to a poker forum looking for advice from lawyers?

WTF? Ask you own lawyer these questions. That's what they do, give advice.

The only things you should not tell your lawyer are things about future crimes, not previous ones. Be honest, that's the only way to get good advice.

[ghostface]

[ QUOTE ]
What exactly were you charged with and what kind of fine or jail time are you looking at? If it's a petty offense and your looking at one or two hundred dollar fine, you may be best off to show up for your araignment, talk to the prosecutor and take whatever plea bargain they offer. If you have no record, they may even offer you something where you take some BS alcohol classes (at your expense) or do some community service, and they will clear your record if you stay out of trouble for a year. If you're looking at serious jail time or big fines, you need a lawyer for sure. Did they charge you with resisting arrest, interfering with an officer, or some such? If so, that makes things worse for your, as they can probably make that charge stick even if they can't prove the original one for drininkg. Was the drinking charge for DUI, or was it because you are under 21? Or was it public intxication? The DUI is potentially pretyy serious. The underage of public intoxication are usually petty offenses.

BTW, running from the cops is usually a bad idea. You can get additional charges filed, you can guarantee the cops won't cut you any slack, and there is a good possibility of the cops beating the crap out of you if they are rogue cops.

[/ QUOTE ]

I was walking toward a house from the back yard and the cops were on the side walk. They said something to me and I went into a side entrance. They followed me in a dragged me out. I am charged with "did resist, delay and obstruct officer by running away from the officer to elude lawful detention."

What my OP was supposed to be asking was whether this is something I NEED a lawyer for. The officer said he will be in court on my court date and I will be able to talk with him if I like. I was very nice to the cop once he had me.

[tonypaladino]

For a simple resisting arrest charge, just go with the public defender.

[HopeydaFish]

[ QUOTE ]
[ QUOTE ]
What exactly were you charged with and what kind of fine or jail time are you looking at? If it's a petty offense and your looking at one or two hundred dollar fine, you may be best off to show up for your araignment, talk to the prosecutor and take whatever plea bargain they offer. If you have no record, they may even offer you something where you take some BS alcohol classes (at your expense) or do some community service, and they will clear your record if you stay out of trouble for a year. If you're looking at serious jail time or big fines, you need a lawyer for sure. Did they charge you with resisting arrest, interfering with an officer, or some such? If so, that makes things worse for your, as they can probably make that charge stick even if they can't prove the original one for drininkg. Was the drinking charge for DUI, or was it because you are under 21? Or was it public intxication? The DUI is potentially pretyy serious. The underage of public intoxication are usually petty offenses.

BTW, running from the cops is usually a bad idea. You can get additional charges filed, you can guarantee the cops won't cut you any slack, and there is a good possibility of the cops beating the crap out of you if they are rogue cops.

[/ QUOTE ]

I was walking toward a house from the back yard and the cops were on the side walk. They said something to me and I went into a side entrance. They followed me in a dragged me out. I am charged with "did resist, delay and obstruct officer by running away from the officer to elude lawful detention."

What my OP was supposed to be asking was whether this is something I NEED a lawyer for. The officer said he will be in court on my court date and I will be able to talk with him if I like. I was very nice to the cop once he had me.

[/ QUOTE ]

Yeesh. Where the hell do you live? North Korea?