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  1. #11

    Default Re: When Can Defendant Make Statement in Criminal Case

    Quote Quoting adjusterjack
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    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.
    Sounds terrible given the fact the State has offered a deal and the defendants attorney has tried to talk them into it when the defendant has yet to be heard, or the victim yet given her deposition. Defendant knows and sees what's going on with the Domestic Assault agenda in the country. Defendant wants and will do anything to get his statement on record.

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    Quote Quoting jk
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    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.

    I have everything and much much more. I have said I wanted to go to trial since day one but my attorney tells me she thinks it's a bad idea. The game plan is to wait FOUR more months and hope the new prosecuting attorney will drop it based on how ridiculous it is........

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: When Can Defendant Make Statement in Criminal Case

    Quote Quoting Junior1
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    I have everything and much much more. I have said I wanted to go to trial since day one but my attorney tells me she thinks it's a bad idea. The game plan is to wait FOUR more months and hope the new prosecuting attorney will drop it based on how ridiculous it is........
    you have everything? If so your attorney would be walking into the prosecutors office and showing them with the intent of getting the charges dropped.

    and if you want to go to trial, tell your attorney you want to go to trial. If he does not act to get this into court, fire him.


    Sounds terrible given the fact the State has offered a deal and the defendants attorney has tried to talk them into it when the defendant has yet to be heard, or the victim yet given her deposition. Defendant knows and sees what's going on with the Domestic Assault agenda in the country. Defendant wants and will do anything to get his statement on record.
    Your statement is meaningless and is not going to be heard. You want to try the case without a trial and that just isn't going to happen.

    and a defendant gets heard at a trial.

    victim doesn't have to give a deposition, at least as far as the prosecution is concerned.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: When Can Defendant Make Statement in Criminal Case

    As pointed out in the other thread you created on this same subject, you don't get the right (and it's unlikely to happen) to explain your way out of the charges. You don't get to try to talk your way of it at a trial either. While opening statements indicate the way you may be willing to make your case, they mean nothing on their own. The way it happens is the prosecutor brings his witnesses who make statements under oath, you can ask them questions to elicit testimony from them that helps your side. You don't get to argue with them, call them liars, etc... in crossexamination. You need to make proper questioning.

    Then if your attorney thinks it appropriate, he can call you as a witness or bring in other witnesses in support of your case.

    I have no idea where we are in this whole mess, but typically there's preliminary stages where the probable cause, sufficiency of evidence, and what the exact particulars are our ironed out. This is also where your attorney will often try to negotiate a way out.

  4. #14

    Default Re: When Can Defendant Make Statement in Criminal Case

    We waved the preliminary hearing. I didn't want to. Didn't have a choice bc a fill in lawyer done it at a certain court appearance and I basically didn't have, or know of another option at the time.

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