FindArena > Find Arena > Attorney

Thread Tools Display Modes
  #1 ()
marleroker : Can somebody tell me the default video resolution is? I changed mine & now all my videos are small & such.
And another thing, when posting videos to youtube, they upload sideways, How can I fix that?

  Reply With Quote
  #2 ()
SwonMentsMece : 1) Can your silence be used against you as a piece of evidence? I am sure it can encourage police to dig deeper, but can it itself be used against you?
2) Can you plead the fifth amendment BEFORE being read your Miranda warnings (i.e. initial confrontation with a police officer)? If so, can that be used against you?
3) HOW do you plead the fifth? Do you simply say nothing at all (making it automatically assumed that you are pleading it) or do you simply say "I plead the fifth".
4) If you plead the fifth, what can the police do about you? Say this occurs at a traffic stop, and you refuse to answer questions.
5) Is talking to the police as a witness to a crime (and not as a suspect) something you should never do?
6) When you get a criminal defense attorney, do they say your words for you or do they tell you what to say?
7) Is your body language as you plead the fifth and your speech tone as you plead it admissible as evidence?
8) Can police attempt to ask you to talk repeatedly after you plead the fifth (I take this as badgering)?
9) I hear that pleading the fifth on the witness/defendant's chair is considered contempt of court. Is this true? Explain?
10) I hear that you should only talk to the police if you are either present with an attorney or if you have immunity. Can police give you immunity? Or is it only the DA or local attorney who can? And if the DA offers you an immunity affidavit, do you have the right to deny it?
11) Are there ANY consequences you suffer for pleading the fifth (specifically those that you normally wouldn't suffer not pleading it)?

I know that's a lot of questions, but I really want to know. Thank you very much. :)
  Reply With Quote
  #3 ()
Turammapeax : Just say you want a lawyer before you talk. It doesn't prove anything.
  Reply With Quote
  #4 ()
iwjmovnjmyvc : the fifth amendment protects you from incriminating yourself and although some people claim if you have nothing to hide you are fine that is incorrect- in fact innocent people get convicted on statements they thought were explaining their innocence
Never answer the questions of police officers if you are suspected of a crime-
you do not "plead the FIF" as the hilarious Chappelle show crack head claims- you just let the police know that you will not be making any statements without a lawyer present
Your lawyer will let you know what questions you should answer or how you should answer
(8) they cannot legally but that doesn't mean that they won't- but they will give up if you refuse to answer- You are under no obligation to explain things to them
They can lie- they cannot offer you immunity- they are not on your side
why would you deny immunity?
talking to the police as a witness does not have anything to do with the 5th- you are not under suspicion-
I do not suggest shouting - I plead the fifth- when cops question you- They are allowed to stop you to talk to you- you should ID yourself- but you do not have to answer what you are doing-
If you are not doing anything, I would suggest just saying what you are doing-

Do not try to convince the police you are innocent- do not offer up information they did not ask for- YOU DO NOT HAVE TO EXPLAIN YOURSELF TO THEM-

Always ask them if they are detaining you and if you are free to go- always be polite-
having an ego when talking to cops (who are people with huge egos) will always get you in some trouble or another, even if they have to create the trouble themselves
  Reply With Quote
  #5 ()
rebeconcannyE : 1.) you being silent is completely your right. If you bring a lawyer in, do what he says.
2.) you don't have to talk to a police officer until your lawyer is present.
3.) you simply say that you want a lawyer and that you respect your 5th amendment.
4.) You don't have to answer any questions he asks you. You give him your license and registration, when he gives them back and asks you more questions then simply say "Am I under arrest, am I free to go?" If he says "No." Then say you are going to leave and leave.
5.) if you witness something tell the police everything. If you feel your life is in danger, I would recommend getting witness protection.
6.) I'm a divorce attorney, not a criminal attorney, but I know about it. The attorney will be telling you what to say.
7.) No, they can only get suspicious about you and will probably ask more questions, don't answer until your lawyer gets there.
8.) The police have the right to lie to you if they think something's up. Plead 5th and just ask to leave, but if your arrested then ask for a lawyer (anything you say after that they can't use in anyway)
9.) you have a choice to be a witness or not. You can say you don't want to get involved, if you've already been to a court hearing then it could be contempt.
10.) A judge is the only one who can grant immunity, you cant deny it. (you don't have to talk to police without a lawyer)
11.) If a judge orders you to talk you have to or you can be held in contempt which can be up to 120 days in jail.

Hope this helped!
If you don't mind me asking, why do you want to know? Just curious that's all. Perfectly fine if its a private matter.
  Reply With Quote
  #6 ()
aperReeri : Not that you'd ever want too, but CAN you?
  Reply With Quote
  #7 ()
TarQuarmDap : Yes, you are never forced to accept any deal "offered" to you.
  Reply With Quote
  #8 ()
reetemics : IF a judge orders something, you cannot deny the order, or you can be in contempt.

All the police or district attorney can do is suggest, unless it is a matter of broken law.
  Reply With Quote
  #9 ()
Allegedig : 'Deal' implies that you are given a choice, ... with consequences.
  Reply With Quote
  #10 ()
Tevyemalm : A family member is going through a break up in Florida. There is one minor child involved and he would like to establish custody, visitation, and support right away because she (ex girlfriend) has been making it difficult for him to see his son. I've been through a divorce involving a minor child so I can help him somewhat but he needs more help then what I can give.
Basically, where does he begin? When I petitioned for a divorce, I filed a petition for dissolution of marriage but being that he is not married, what does he file first? The Parenting Plan?
Here are a few other details and problems he needs help with.
They lived in his house but she has left a few times - this last time included. Most of her things are still at the house. Does he have to evict her? Is that a separate case/filing?
Also, she is driving his car. She is listed on the insurance(which he will be canceling) but the car is in his name. How does he file an order for that to be returned? Again, is that a separate case/filing?
And one last note... He doesn't make enough money to hire an attorney/ and makes just enough NOT to qualify for legal aid.
Any help would be appreciated
  Reply With Quote