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When Can Defendant Make Statement in Criminal Case

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  • 09-06-2014, 06:31 PM
    Junior1
    When Can Defendant Make Statement in Criminal Case
    My question involves criminal law for the state of: Misssouri

    At what point in a case can a defendant issue a statement to the court so that it can be on record?
  • 09-06-2014, 06:35 PM
    jk
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting Junior1
    View Post
    My question involves criminal law for the state of: Misssouri

    At what point in a case can a defendant issue a statement to the court so that it can be on record?

    whenever the court allows it but in a trial there is generally no point that would be proper for a defendant make any sort of statement. The trial deals with evidence. A statement is not evidence.
  • 09-06-2014, 06:59 PM
    Junior1
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting jk
    View Post
    whenever the court allows it but in a trial there is generally no point that would be proper for a defendant make any sort of statement. The trial deals with evidence. A statement is not evidence.


    So pretrial a defendant can request the court to allow them to make a statement? Can the statement submit it's own evidence or even talk about the states evidence?
  • 09-06-2014, 07:13 PM
    jk
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting Junior1
    View Post
    So pretrial a defendant can request the court to allow them to make a statement? Can the statement submit it's own evidence or even talk about the states evidence?

    You can request anything you want. A judge is not likely to allow a statement unless it includes; I rescind my plea of not guilty and wish to change it to guilty.
  • 09-06-2014, 07:16 PM
    Junior1
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting jk
    View Post
    You can request anything you want. A judge is not likely to allow a statement unless it includes; I rescind my plea of not guilty and wish to change it to guilty.

    Not likely, but may
  • 09-06-2014, 07:19 PM
    jk
    Re: When Can Defendant Make Statement in Criminal Case
    just what are you considering saying is some statement?


    and just to clarify; opening statements are possible in a court but a judge is not going to allow you to try the case in your statement. If you have an attorney that is who would make an opening statement. If you are pro se you would be able to make an opening statement where it is typically allowed.
  • 09-06-2014, 07:22 PM
    adjusterjack
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting Junior1
    View Post
    So pretrial a defendant can request the court to allow them to make a statement? Can the statement submit it's own evidence or even talk about the states evidence?

    It would be foolish to make any statement because it opens you up to cross examination and the prosecutor will run rings around you and you'll talk yourself right into a conviction.

    If you don't have a lawyer, I suggest you get one ASAP.
  • 09-06-2014, 07:48 PM
    Junior1
    Re: When Can Defendant Make Statement in Criminal Case
    I have a lawyer.

    Only fools make foolish statements.

    I would love to be cross examined.

    I'm wanting to submit a written record of either my statements and facts, or a written statement showing fallacy in the States facts. Or at least point out that the warrant for arrest and the charge has me listed as a Persistent Domestic Violence Offender, which I'm not obviously according to my record presented by the state. I pay personal and business tax to the State of Missouri and their lack of attention to detail is hurting my business and personal identity, which in turn is only hurting them. I want that off, it's open for the public to see, and it's an obvious mistake.

    - - - Updated - - -

    I have a lawyer.

    Only fools make foolish statements.

    I would love to be cross examined.

    I'm wanting to submit a written record of either my statements and facts, or a written statement showing fallacy in the States facts. Or at least point out that the warrant for arrest and the charge has me listed as a Persistent Domestic Violence Offender, which I'm not obviously according to my record presented by the state. I pay personal and business tax to the State of Missouri and their lack of attention to detail is hurting my business and personal identity, which in turn is only hurting them. I want that off, it's open for the public to see, and it's an obvious mistake.
  • 09-06-2014, 07:57 PM
    adjusterjack
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting Junior1
    View Post


    I'm wanting to submit a written record of either my statements and facts, or a written statement showing fallacy in the States facts. Or at least point out that the warrant for arrest and the charge has me listed as a Persistent Domestic Violence Offender, which I'm not obviously according to my record presented by the state. I pay personal and business tax to the State of Missouri and their lack of attention to detail is hurting my business and personal identity, which in turn is only hurting them. I want that off, it's open for the public to see, and it's an obvious mistake.

    That's for your lawyer to handle.

    And I'll bet he's not going to let you do that.

    Your other post indicates that you already got snookered by the victim's mother.

    It's time you exercised your right to remain silent.
  • 09-06-2014, 08:03 PM
    jk
    Re: When Can Defendant Make Statement in Criminal Case
    Quote:

    Quoting Junior1
    View Post
    I have a lawyer.

    Only fools make foolish statements.

    I would love to be cross examined.

    I'm wanting to submit a written record of either my statements and facts, or a written statement showing fallacy in the States facts. Or at least point out that the warrant for arrest and the charge has me listed as a Persistent Domestic Violence Offender, which I'm not obviously according to my record presented by the state. I pay personal and business tax to the State of Missouri and their lack of attention to detail is hurting my business and personal identity, which in turn is only hurting them. I want that off, it's open for the public to see, and it's an obvious mistake.

    - - - Updated - - -

    I have a lawyer.

    Only fools make foolish statements.

    I would love to be cross examined.

    I'm wanting to submit a written record of either my statements and facts, or a written statement showing fallacy in the States facts. Or at least point out that the warrant for arrest and the charge has me listed as a Persistent Domestic Violence Offender, which I'm not obviously according to my record presented by the state. I pay personal and business tax to the State of Missouri and their lack of attention to detail is hurting my business and personal identity, which in turn is only hurting them. I want that off, it's open for the public to see, and it's an obvious mistake.

    so since you have a lawyer, no, you do not get to make a statement

    then you do not get to try the case in an opening or closing statement.

    If you have all of what you claim to have it will be presented during the trial and you will be exonerated.
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