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CRIMINAL DEFENSE IT’S NOT LIKE TV

CRIMINAL DEFENSE IT’S NOT LIKE TV. DIANE MB SAVAGE ATTORNEY AT LAW dianes2@bellsouth.net. YIKES – YOUR CLIENT’S BEEN ARRESTED. CLIENT ARRESTED APPOINTMENT OF COUNSEL – SIXTH AMENDMENT, RIGHT TO COUNSEL INFORMATION name, aliases, social security, citizenship, date and place of birth etc.

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CRIMINAL DEFENSE IT’S NOT LIKE TV

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  1. CRIMINAL DEFENSEIT’S NOT LIKE TV DIANE MB SAVAGE ATTORNEY AT LAW dianes2@bellsouth.net

  2. YIKES – YOUR CLIENT’S BEEN ARRESTED • CLIENT ARRESTED • APPOINTMENT OF COUNSEL – SIXTH AMENDMENT, RIGHT TO COUNSEL • INFORMATION name, aliases, social security, citizenship, date and place of birth etc. • BOND OR NO BOND family ties, friends, others who can verify information w/ numbers for each etc. • FIRST INTERVIEW tricky business

  3. ATTORNEY CLIENT PRIVILEGE • DEVELOPING A RELATIONSHIP • TRUST • TEAM • BRAINSTORM YOUR CASE

  4. MIRANDA V. ARIZONA (1966) • RIGHT TO REMAIN SILENT • ANYTHING YOU SAY CAN AND WILL BE HELD AGAINST YOU • YOU HAVE THE RIGHT TO AN ATTORNEY • IF YOU CAN’T AFFORD AN ATTORNEY, ONE WILL BE APPOINTED

  5. SHUT YOUR MOUTH • TALKING IS NOT GOOD • ANYTHING YOU SAY WILL BE USED AGAINST YOU

  6. SUPPRESSION OF STATEMENT • Was confession or admission coerced by police through use of physical force, deprivation, threats, or promises? • Was defendant given Miranda warnings before making the confession or admission? • Was it the fruit of an illegal search?

  7. SUPPRESSION OF IDENTIFICATION • Did a “suggestive” pretrial identification procedure take place? • Did the procedure create a substantial risk of misidentification?

  8. SUPPRESSION OF EVIDENCE • Search Warrant: probable cause required • Needed before entering home, car, personal property, person • Probable cause required to believe that the evidence sought is in the place to be searched.

  9. ALWAYS EXCEPTIONS • Warrantless search or entry into a home permissible where officer has probable cause to believe: • Crime has taken place and where “exigent circumstances”, such as safety of the officer or the possibility of the destruction of evidence, requires an immediate search. • Officers may search a person w/o a warrant incident to a lawful arrest.

  10. BUT, DID THE OFFICER HAVE GROUNDS FOR SEIZURE? • REASONABLE SUSPICION • HIGH DRUG AREAS – Alone not enough • FLIGHT – From high drug area • TRAFFIC STOPS – May not randomly stop motorists to check their driver’s license or vehicle registration; must have reasonable suspicion of criminal activity • ANONYMOUS TIPS – reliability of informant, basis of knowledge

  11. FREE TO LEAVE TEST • Person is seized when, in view of all the circumstances, a reasonable person would have believed he or she was not “free to leave”

  12. FRISKS • Not allowed to automatically frisk the person for weapons • Reasonable suspicion person has a weapon and presents a danger to the officer or others

  13. CONSENT • A person may consent to a search or a stop by a police officer. • Consent must be voluntary, not due to: • Duress • Coercion • Can’t extend beyond the scope of consent • Consent to search vehicle does not imply consent to search person

  14. INNOCENT UNTIL PROVEN GUILTY • OR IS IT GUILTY UNTIL PROVEN INNOCENT? • DON’T LET THE PRESS TRY YOUR CLIENT

  15. QUESTIONS EVERYONE ASKS • HOW CAN YOU REPRESENT A CLIENT WHO IS GUILTY? • ARE YOU AFRAID OF YOUR CLIENTS? • WHAT DO YOU LIKE/DISLIKE ABOUT BEING AN ATTORNEY?

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