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Question On OC
- Thread starter BacknBlack
- Start date
user
Accomplished Advocate
imported post
I really hope I get a case someday in which the defendant has such evidence. Usually what happens is that the defendant will have shot his mouth off trying to justify his behavior to the cop, and will have thereby given the prosecution everything it needs for a conviction.
I really hope I get a case someday in which the defendant has such evidence. Usually what happens is that the defendant will have shot his mouth off trying to justify his behavior to the cop, and will have thereby given the prosecution everything it needs for a conviction.
ProShooter
Regular Member
imported post
user wrote:
user wrote:
Gosh how I used to love when they did that!
darthmord
Regular Member
imported post
user wrote:
user wrote:
User, if I ever get arrested for carrying a firearm in VA, I'll make sure to contact you. I prefer to cover all my bases and make sure that when I play the game, I'm going to have stacked the odds in my favor.
wylde007
Regular Member
imported post
user wrote:
Would there be strong enough legal standing for dismissal if such a thing occurred? I mean, if a defendant said "Well, I recorded the entire encounter and when my recorder was returned it had been erased" would that carry any weight?
Curious if that particular situation has ever been broached in your experience.
user wrote:
My fear would be that the device had been confiscated along with other personal belongings and then mysteriously "erased" or corrupted.
Would there be strong enough legal standing for dismissal if such a thing occurred? I mean, if a defendant said "Well, I recorded the entire encounter and when my recorder was returned it had been erased" would that carry any weight?
Curious if that particular situation has ever been broached in your experience.
user
Accomplished Advocate
imported post
wylde007 wrote:
My concern exactly. And cops are like lawyers, plumbers, electricians, programmers, and dentists: some of 'em are really good, some of 'em are really bad, and most of 'em are average. But if you get a really bad one, he'll steal the recorder and adamantly insist, under oath, that there never was such a thing. In the last twenty years, I've only run across a couple of cops who were like that. Maybe three. The overwhelming majority don't feel like they need to lie, and are willing to let the court do its job. There's a certain amount of "I couldn't care less what happens, now, I've done what I was supposed to do..." that goes into the makeup of a professional attitude.
You betcha! Brady v. Maryland, a U.S. Sup. Ct. case says it's a violation of due process to fail to disclose potentially exculpatory evidence. Actual destruction of potentially exculpatory evidence is a crime.
I've never had anything like that happen. In my experience, the defense lawyers who have that kind of problem are known to be the unprincipled sort who will do anything to win, and the prosecutors and cops know who they are, and often feel compelled to "compensate". I've always tried to treat everyone involved in the litigation as a professional entitled to proper courtesy. That generally makes the process go much smoother, and with less risk to my client.
By the way, if you do use a recording device, make sure you treat the cop with proper respect and courtesy. Don't get upset or sucked into mind games.
wylde007 wrote:
My concern exactly. And cops are like lawyers, plumbers, electricians, programmers, and dentists: some of 'em are really good, some of 'em are really bad, and most of 'em are average. But if you get a really bad one, he'll steal the recorder and adamantly insist, under oath, that there never was such a thing. In the last twenty years, I've only run across a couple of cops who were like that. Maybe three. The overwhelming majority don't feel like they need to lie, and are willing to let the court do its job. There's a certain amount of "I couldn't care less what happens, now, I've done what I was supposed to do..." that goes into the makeup of a professional attitude.
You betcha! Brady v. Maryland, a U.S. Sup. Ct. case says it's a violation of due process to fail to disclose potentially exculpatory evidence. Actual destruction of potentially exculpatory evidence is a crime.
I've never had anything like that happen. In my experience, the defense lawyers who have that kind of problem are known to be the unprincipled sort who will do anything to win, and the prosecutors and cops know who they are, and often feel compelled to "compensate". I've always tried to treat everyone involved in the litigation as a professional entitled to proper courtesy. That generally makes the process go much smoother, and with less risk to my client.
By the way, if you do use a recording device, make sure you treat the cop with proper respect and courtesy. Don't get upset or sucked into mind games.
novasig226r
Regular Member
imported post
user wrote:
Prosecutor: "Can you back up your claim?"
Me: "I recorded the whole thing."
Prosecutor: "The recorder is blank, Mr. NovaSIG."
Me: "Then it was erased."
Prosecutor: "Did you erase the recorder?"
LEO: "No, sir, I did not."
Me: "I'm f**ked."
My Attorney: "We'll appeal."
Me: "Super! I'll just sit in prison while you do that."
My Attorney: "We'll win on appeal."
Me: "Tell my wife that when the bank forecloses on my house."
user wrote:
Only if said evidence exists...
Prosecutor: "Can you back up your claim?"
Me: "I recorded the whole thing."
Prosecutor: "The recorder is blank, Mr. NovaSIG."
Me: "Then it was erased."
Prosecutor: "Did you erase the recorder?"
LEO: "No, sir, I did not."
Me: "I'm f**ked."
My Attorney: "We'll appeal."
Me: "Super! I'll just sit in prison while you do that."
My Attorney: "We'll win on appeal."
Me: "Tell my wife that when the bank forecloses on my house."
darthmord
Regular Member
imported post
novasig226r wrote:
novasig226r wrote:
Any tool worth having is worth having a backup for. So let them take your voice recorder and accidentally erase it. Your backup recorder that you didn't let them know about stays hidden and recording.