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Old September 27, 2005, 09:21 AM   #20
bdc
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Join Date: October 25, 2001
Posts: 60
hi

As a former Navy Commander, you believe that you have sketched a factual and complete hypothetical.

As a lawyer with 30 years experience, I deal with pacticality. I want to give you a different slant on reality.

Policemen clear crimes, not solve them. Prosecutors make prosecution decisions, based upon recommendations by the investigating police department.

If you withstand the urges to "tell the truth" or to "tell the facts" to the police without having reviewed the situation first with your counsel, you run a risk of a recommendation for prosecution. Commander, for the sake or argument, let us assume that you have sketched true facts and not your impression of the facts. You don't make any statement to the police. In the real world, you probably won't be prosecuted.

When you review the "facts" you have sketched, you have some doubts, right? In the real world when an investigating officer has "some doubts", is he going to make his own decision not to recommend prosecution or will he pass the buck to the prosecutor? Well, having worked for the government, you know the answer, don't you?

In the "real world", how many people do you think shoot off their mouths to the police with a feeling that if they say enough, the police will let them go home? Quite a few. I remember arraignment court on a Monday morning about 30 years ago. 4 people had lawyers. The other 100 plus defendants had the truth to defend them. Are you surprised that all four defendants represented by counsel walked out of the courtroom and the rest were remanded for trial?
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