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Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Uncategorized

March 2, 2023 By admin

← DUI Portal

Remain Silent Or Else

Before deciding to waive your 5th amendment right and talk to the police, contact an experienced attorney from the law offices of Manchester & Associates.

“[Any] lawyer worth [their] salt will tell [their client] in no uncertain terms to make no statement to the police under any circumstances.“

Justice Robert Jackson

The 5th Amendment allows those in police custody to remain silent. Many find this difficult based on the idea that remaining silent when you have nothing to hide makes you seem guilty. However, there are no laws of the United States that allow for a presumption of guilt when you remain silent. You have a right to remain silent, and you should exercise it to its full extent.

While you may think that speaking to the police will help them solve the case, or will allow you to plead your innocence, speaking with police is actually giving them evidence on you that they can and WILL use against you if charges are filed. There is no way that talking to the police will help you: you cannot talk your way out of being arrested. Professor James Duane says in “Don’t Talk to the Police,” the biggest issue with talking with the police is you may accidentally admit wrongdoing and that admission will be difficult to take back later.

Exercise Your Rights.

Remember that police have the power; you are not on an even playing field. The police are allowed to lie to you during an interrogation – they do not need to tell you all of the information they have or whether they are planning to charge you. The police utilize a lot of interrogation tactics, and they are often very successful at getting statements. As you are talking, they are putting together evidence on you, even if it is not clear to you that what you are saying is incriminating. Alec Baldwin recently had first-hand experience with the power of police interrogation after the shooting accident that killed a cinematographer and injured a director on the set of his recent movie. He waived his right to an attorney and talked to the police for hours, answering their questions and providing his own insight into what happened. After that interview, the prosecutor announced plans to charge him with involuntary manslaughter.

If your interrogation leads to charges and you do end up going to trial, it is unlikely that your entire statement will be relayed to the jury. The Rules of Evidence allow police and prosecutors to present the most damaging statements in court, while allowing them to leave out the statements that show your innocence. Professor Duane says, “What you say, can and will be used against you, but it will never be used for you.” Further, if you make contradictory statements, the jury will expect you to explain those contradictions.

Admitting anything to the police will not help your case. Even if entirely innocent and only telling the truth, any information you give to the police will be helpful to them in convicting you. 29% of the 375 people exonerated by the Innocence Project were found to be convicted in part based on a false confession. The cornerstone of our justice system is the presumption of innocence that is afforded to defendants. This presumption of innocence is a burden that has to be overcome by the prosecution. Do not lighten their burden by providing information to the police.

Constitutional rights, including the right to remain silent, exist to protect citizens from the government. The 5th amendment should not just be used by those who did something wrong. Anytime you are asked to speak to the police about an incident that you are involved in, say only one thing: “I want a lawyer from Manchester & Associates.”

Filed Under: Uncategorized

May 31, 2023 By admin

← DUI Portal

The Difference Between A Public Defender and A Private Defense Lawyer

The justice system is designed in a way that any individual who has been accused of a crime is protected and gets a fair trial. When someone is faced with a criminal charge, the defendant has the option to be represented by a public defender or a privately paid defense attorney. Both a public and private defender are educated and have the same goal in mind: provide fair and just legal representation. However, there are some key differences between the two. Before proceeding with either, it is important to understand the differences, benefits and limitations associated with each.

Roles & Responsibilities of Public Defenders:

  • Part of a public defender office
  • Handle high caseload and represent many clients at once
  • Experience working with a variety of criminal cases
  • Government funded
  • Provided at no cost to individuals who cannot afford legal representation

Roles & Responsibilities of Private Defense Lawyers:

  • Work independently or as part of a law firm
  • Have flexibility over the cases they take
  • Specialize in specific areas of the law (learn about ours here)
  • Provide personalized attention to clients
  • Lower caseload and the ability to dedicate more time and resources to build a strong defense strategy
  • Paid for by the client, costs vary based on case type, experience, case complexity, location and more

Experience & Expertise of Public Defenders:

  • Legal professionals with expertise in criminal law
  • Exposed to a wide range of legal issues and courtroom procedures
  • Tend to have significant trial experience
  • Familiarity with the local legal system, judges, prosecutors as well as individual courts and their policies
  • With a higher caseload, they are not always able to spend as much time researching and building tailored defense strategies as they might like to

Experience & Expertise of Private Defense Lawyers:

  • Legal professionals with expertise in criminal law and often focus in specific areas of the law
  • With a lower case load and a specialization, they often develop in-depth understanding of complexities of their chosen field
  • Trial experience in multiple courts and familiarity with judges, prosecutors and the legal system
  • More time to individually research, craft and execute their defense strategies and explore unique legal arguments

Resources & Support of Public Defenders:

  • Government funded and have limited resources
  • Work with support staff within the public defender offices
  • Heavy caseload and limited funding can potentially make it more difficult to conduct extensive investigation or use additional resources

Resources & Support of Private Defense Lawyers:

  • Greater control over their resources
  • Access to a large network of experts, investigators and support staff
  • Use advanced technology, specialized consultants and other resources to help build a case

Making Your Decision

Public defenders are an important part of the legal system, as they are able to provide competent legal counsel for those who might otherwise not be able to afford it. However, there are drawbacks to using a public defender rather than a privately paid defense attorney. In making your decision, you have to weigh all of your options, including your finances and the potential consequences if your case ends in an unfavorable outcome. Your entire future depends on the defense team you choose. 

At Manchester and Associates our defense team is trained in the most up-to-date methods of scientific and legal expertise. We have access to the best resources and technology to build a strong defense for any situation. Do not hesitate to get in touch with the best criminal defense team.

Filed Under: Criminal Defense, Uncategorized

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