Tips from a public defender


Advice from an expert
Alaskablawg, written by a public defender in Alaska, has a great bit on things he wishes his clients knew. Here are a couple of selections.

I wish my clients knew that their own statements, as a party opponent, are NOT hearsay, but instead are played and discussed many, many times throughout trial. Remember: you have the right to remain silent. EXERCISE THAT RIGHT! Police can and will lie to you to get you to talk and this is not only accepted, it is encouraged. Thus, do not believe them when they tell you that you need to cough it up to get a lighter sentence.

I wish my clients knew that they do not have to consent to a search of their person, car or premises. Here's a general tip good for anybody reading this: if a police officer asks you, "Can I look through your car, or your house, or your hotel room, or whatever", the answer should always be "Absolutely NO." If they threaten to get a warrant, then tell them to get a warrant. In Alaska, they're taping you anyway, so don't explain, don't justify, don't talk. Just tell them that you refuse to consent to any search.

I wish my clients knew that the system truly does not care about them, particularly if they are charged with a serious offense. No, the DA does not care if she breaks up your family. No, the judge does not really care about the hardships that the prison sentence will impose on your career. No, arguments appealing to pity, sympathy, or human understanding generally go nowhere (I say generally because every once in a while, it works out that way, but by and large, it doesn't). As such, while I understand and sympathize with your plight, if I seem to ignore the emotionally appealing aspects of your case, it is not because I have no pity. It is not because I don't care. Rather, it is because it is a waste of time and effort, time and effort that would be better spent preparing your case for trial, motion work, or sentencing, as the case may be.

In these days of an ever increasing State, these are important ideas.

— NeoWayland

Posted: Wed - January 11, 2006 at 04:40 AM  Tag


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