Tuesday, March 22, 2005
It's The Law, You Know
Arbitrary and Capricious: Laws my clients told me: "* If the cop didn't read you your rights, then they have to dismiss the case."
Skelly lists a number of authorative (mis)statements of law made by those facing prosecution. This last one on his list is my favorite. It one comes up every third case, and the client wants to play it like a get out of jail free card. I usually explain custodial interrogation and the potential to exclude a confession or other evidence obtained. However, it would be fun, just once to jump up and shout, "What, they didn't read you your rights? I wonder if the judge knows this. You're a free man, dude." Nah, I can't even write it with a straight face, let alone say it to some poor soul who has pinned his pathetic hopes on his misunderstanding of the law.
Skelly lists a number of authorative (mis)statements of law made by those facing prosecution. This last one on his list is my favorite. It one comes up every third case, and the client wants to play it like a get out of jail free card. I usually explain custodial interrogation and the potential to exclude a confession or other evidence obtained. However, it would be fun, just once to jump up and shout, "What, they didn't read you your rights? I wonder if the judge knows this. You're a free man, dude." Nah, I can't even write it with a straight face, let alone say it to some poor soul who has pinned his pathetic hopes on his misunderstanding of the law.
// posted by Zerin Hood @ 12:36 PM 
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I've got a buddy who was a Public Defender up in Idaho for a few years. He has some of the best stories ever, but my favorite was the guy who stole a VCR planted by the police in a goodwill store donation box. The VCR has a tracking device in it and 15 minutes after he plugged it in he was arrested for larceny and violating his parole. His excuse? The Goodwill box didn't actually say he couldn't take stuff out of it. (I'm not sure how he expected to explain his need to cut two padlocks worked into that argument.)
# posted by 
: 11:28 PM
: 11:28 PM
Your VCR story reminds me of a case I stepped into for one hearing only to help out a colleague. This pair, a guy and a girl, had found a check from a guy they knew, made out to a third person. They went to a check cashing place and tried to cash it. No luck so they tried another place -- she went in and they turned her away, so they modified the check and then he went into the same place to cash it. Real geniuses. Anyway they claimed that the guy actually owed them the money and this was just the only way they could collect it.
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