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Old 08-10-2008, 10:22 PM   #28
g6civcx
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Quote:
Originally Posted by OptionZero View Post
Being present isn't nearly enough to get you hit with conspiracy (successfully). Shared intent is required, so thats one element they'd have to prove. With only his version of the facts (and a limited one at that), its impossible to evaluate how that will turn out.

Also, the cop does not decide what to charge you with. He can write down whatever he wants, but in the end he submits his police report, the district attorney looks at it and decides what charges he can file in good faith.
I hear you, but as the arresting officer, I will hit him with everything possible. At worst the commonwealth attorney will decline to prosecute or the charge is dismissed.

Based on my experience, it is acceptable for law enforcement to press slightly harsher charges than what is fair and let the defense negotiate the charge down, either with plea or trial.

Blame the adversarial system. Pro se defendants are SOL.

Quote:
Originally Posted by OptionZero View Post
More specifically, get your own lawyer, public defender or not.
I don't trust public defenders.

Quote:
Originally Posted by OptionZero View Post
Its extremely frowned upon for an attorney to defend multiple criminal co-defendants, and permitted only for the most basic of proceedings (if even then)
Agreed. Get your own regardless of what others do.

Quote:
Originally Posted by ((sr)) kelly View Post
i thought that was only if they read me my rights and took me to jail..
Reading your rights is only required if the police takes you into custody. You're still facing criminal charges, and if found guilty with a jail sentence, the court will take you to jail on the spot.

Quote:
Originally Posted by ((sr)) kelly View Post
i just got a reallllly good lawyer for 200 bucks... my friends mom works at a law firm
People generally put way to much faith in lawyers without knowing the law or what the lawyers are doing behind the scene.

In my experience, 90% of lawyers do not know what they're doing.

Be prudent and don't become complacent.
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