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  #1  
Old 11-20-2005, 02:29 AM
ghostface ghostface is offline
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Join Date: Aug 2004
Location: NC State
Posts: 160
Default In order to evade prosecution

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.
  #2  
Old 11-20-2005, 02:34 AM
jacki jacki is offline
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Join Date: Sep 2003
Posts: 135
Default Re: In order to evade prosecution

Maybe KKF will lend you his lawyer after he's done with his father's murder trial.
  #3  
Old 11-20-2005, 02:35 AM
tonypaladino tonypaladino is offline
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Join Date: Jun 2005
Location: props to Stuey for fixing my avatar
Posts: 498
Default Re: In order to evade prosecution

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.
  #4  
Old 11-20-2005, 02:35 AM
edfurlong edfurlong is offline
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Join Date: Feb 2004
Posts: 0
Default Re: In order to evade prosecution

You ran from the police because you'd been drinking?
  #5  
Old 11-20-2005, 02:36 AM
peachy peachy is offline
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Join Date: Oct 2004
Location: Heaven...where else are angels from??
Posts: 2,137
Default Re: In order to evade prosecution

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
  #6  
Old 11-20-2005, 02:38 AM
BigBaitsim (milo) BigBaitsim (milo) is offline
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Join Date: Oct 2003
Posts: 373
Default Re: In order to evade prosecution

1. Get a lawyer.

2. Tell him/her the truth.

3. Don't run awayt from cops.
  #7  
Old 11-20-2005, 02:41 AM
BigBaitsim (milo) BigBaitsim (milo) is offline
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Join Date: Oct 2003
Posts: 373
Default Re: In order to evade prosecution

[ 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.
  #8  
Old 11-20-2005, 04:00 AM
jman220 jman220 is offline
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Join Date: May 2005
Location: No Poker Sept-May
Posts: 822
Default Re: In order to evade prosecution

[ 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.
  #9  
Old 11-20-2005, 04:19 AM
BigBaitsim (milo) BigBaitsim (milo) is offline
Senior Member
 
Join Date: Oct 2003
Posts: 373
Default Re: In order to evade prosecution

[ 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.
  #10  
Old 11-20-2005, 10:43 AM
PokerBob PokerBob is offline
Senior Member
 
Join Date: Mar 2004
Location: St. Paul
Posts: 238
Default Re: In order to evade prosecution

[ QUOTE ]
1. Get a lawyer.

2. Tell him/her the truth.

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

[/ QUOTE ]

fyp
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