Showing posts with label evidence. Show all posts
Showing posts with label evidence. Show all posts

Monday, August 18, 2014

Taking and defending depositions - what are proper objections?

The difference between deposition and trial is that questions not allowed at trial may be allowed at deposition. Depositions are about asking questions that may lead to admissible evidence. That's what discovery means.

Read this article to learn more about which objections are proper and which are not. (via the lawyerist blog). 

Thursday, October 10, 2013

Social Networking and Myspace: Is Myspace still relevant?

Is myspace still relevant? Maybe, but not really, says the Michigan Court of Appeals.
A CSC victim's myspace page became relevant when a defendant appealed his conviction. After the Defendant was found guilty of CSC, he appealed, using as new evidence that the victim posted on her myspace page that she "didn't remember anything" from the evening of the alleged assault. The Michigan Court of Appeals held that the testimony could be used to impeach, but not to get a new trial, because that evidence alone could not “serve as the basis for awarding a new trial under existing case law because it could only be used for impeachment purposes.”
See article here from Michigan Appeals, a law-related blog. 

Wednesday, October 9, 2013

When should you talk to the cops?

When should you talk to the cops? Never. Usually,the way you answer the questions of a police officer affects your Fifth Amendment Rights . . . so perhaps you shouldn't answer it. One of the purposes of the Fifth Amendment (which says you can't be compelled to be a witness at trial against yourself) is to protect innocent people who would otherwise be convicted by evidence they might give. (citation omitted).

 1. It can't possibly help if you talk to the police, or attempt to talk your way out of getting arrested. What you tell the police can't be used to help you at trial, even if it's exculpatory, because it's hearsay, and won't be in evidence.

2. Even if you want to admit that you did something wrong, why do it now? You'll get the chance to admit to guilt later, once you're represented by an attorney, who can help you get a plea deal, and present things in the best light possible. Watch this video to get a law professor's take on this. It's long, but worth it, and it continues in a few more videos. My blog posting here is essentially a re-cap of that video.

3. Even if you're innocent, and you think it's OK to talk to the police, you could tell a lie accidentally that will make you look guilty. It's a stressful situation when you talk to the police. Even if you only tell the truth, you might give some information to the police that can end up helping convict you.

 4. Even if you only tell the truth, what's the guarantee that the officers will recall what you said with 100% accuracy when (or if) this gets to a trial? Even if the officer's not correct when he re-tells your story, the jury will probably believe the officers, and not you.