What was a great example of one lawyer totally outsmarting another lawyer in court?
I’m not a fan of the legal profession or of its lore, so I can only share with you my best example from my own career.I was plaintiff’s counsel in a case that depended upon proving that the defendant had made certain promises in a statement that he made when he left a message on my client’s voicemail.The problem was that my client had erased that particular voicemail message.I knew before starting the deposition that the defendant remembered leaving the voicemail message, but I also knew the defendant was shrewd enough to know it was possible the voicemail had been erased or otherwise lost. He just couldn’t be sure one way or the other.So I asked the defendant if he recalled making the statement that was captured in the voicemail message. Not if he remembered leaving the voicemail message itself, just if he remembered making the statement. I figured that if he claimed not to remember the statement, that would mean that he was calling my client’s bluff as to whether the voicemail message had been saved.Sure enough, seeing that I had not simply outright played the message for him, the defendant took the bait and claimed not to remember ever making such a statement.I then reached down under the conference room table and acted as though I was having difficulty picking up whatever was on the floor under the table. As I did so, I acted a little giddy and said to the defendant, “If there were a voicemail message that you had left containing such a statement, would you remember that?”The gambit was that if I could get the defendant to believe that the voicemail message had been saved and that I was about to pull out a playback device and play his message that he left for him, he might admit to making the statement so as not to appear to have been lying when he said he did not remember previously making the statement.Well, you can guess how the story ends. While I was fiddling around acting like I was trying to pick up the playback device off the floor, the defendant admitted to remembering that he made the statement when he left the voicemail message.I then acted as though I had the information I wanted from the defendant, and thus did not need to play the voicemail message, so I sat back up and continued questioning the witness. Had the defendant known that I had no record of the voicemail recording, he could have denied ever making the statement and he would’ve gotten away with it.
What happens when you ask for a speedy trial at preliminary hearing, but you no longer want it?
Regarding a criminal offense in the U.S., every defendant has a constitutional right to a speedy trial. In each jurisdiction, the period in which this must occur is set by statute and sometimes varies according to whether the defendant is awaiting trial in custody or not (often 30/45 days). If the defendant does not waive this right, trial must begin within this statutory time period, or the charges must be dismissed. (Sometimes some charges can be refiled, but that’s another discussion.) There are circumstances in which a judge can find good cause for a continuance beyond the statutory period, but appellate courts have dealt very harshly with violation of this right - it generally does not matter that it is a lesser crime or that court dockets are over burdened.In practice, defendants very often waive their speedy trial rights. This allows the defense time to prepare their case and, given the consequences at stake, is often worth a short delay in going to trial.If a defendant has refused to waive time, he can change his mind at any subsequent time and “waive time.” As long as he is not doing so solely to delay or confuse proceedings (like, doing so on the day of trial), the court will likely accept the waiver and reset any impending dates. Similarly, a defendant who has waived time can withdraw the waiver at a later date and start the statutory time period running.
Does a misdemeanor go away? How long does it take?
How long do you have to list it might be a better question. They don't go away. After a certain period of time they are simply not relevant. A misdemeanor a year ago is certainly more ‘serious' than that exact same misdemeanor ten years ago.How long does it need to keep being brought up? That depends on a particular job and its requirements and how the question is asked. But it's always there unless dismissed or expunged or pardoned if someone wants to dig that far and deep into the past.
Is there a Statute of Limitations on Traffic Tickets in New York?
I was told that if you can postpone your hearing date beyond a year from when the ticket was issued, the points do not go on your license. Does anybody know if that's true?
What are some slang terms used among police officers?
The most derogatory terms for the bad guys and citizens who are just pains in the rectum:A.H. = Adam Henry (A-dam H-enry) If you don’t get it…..sometimes you will hear it as “Jack Hole”…..now what starts with an “A” that ends with HOLE ?RICHARD CRANIUM= What starts with a “D” and is a nickname for Richard ? What is the non-medical layman’s term for the Cranium ? Do these clues HEAD you in the right direction ?