Category Archives: education

How to Be Calm and Stay Smart When Accused of a Crime

When you’ve been accused of a crime, it can be difficult to remain calm and collected when being investigated or interrogated. Unfortunately, many people make mistakes that affect the outcome of the situation because they’re nervous or are trying to prove that they’re innocent. If you want to remain calm and smart during the process, there are a few important tips to follow to protect yourself.

Hire an Attorney

It’s important to remember that anything that you say can be used against you in the court of law, which means you’ll need to hire an attorney immediately to represent you. Avoid talking to the authorities until you’ve hired a legal professional to help to ensure that you don’t say anything that can be incriminating. A legal professional can provide you with assistance and advise you on what actions to take next before your court date and when you testify.

Prepare Yourself Mentally

Many people are prone to panic once they realize they’ve been charged with a crime. This will not help you. Stay as calm as possible. It takes a significant amount of mental preparation to remain calm when you’re accused of a crime. Review the details of the situation and write down the details to ensure that you don’t become confused with the facts. Review your testimony to ensure that your facts remain the same throughout the process.

Don’t Tamper with the Witnesses

One of the most common mistakes that many people make when they’ve been accused of a crime is contacting the witnesses. Many witnesses are key to revealing what really occurred when the crime occurred. According to this criminal lawyer, some people will contact the witnesses as an attempt to ask what they saw or influence what they say in court, which can make you appear guilty even if you’re innocent. It could also get you punished with fines or even jail sentences.

Presenting Yourself in Court

According to another lawyer, how you appear and act before the court is a very important matter. Making eye contact is necessary to ensure that you appear confident and don’t look like you’re hiding anything once you’ve been accused of a crime. Stand up straight, avoid changing your story, and stick to the facts when communicating what you have to say to the jury and judge. Don’t answer a question with a question, and don’t give more information than is necessary to answer the question. When speaking in court, you’ll need to make eye contact and address each party in the room to prevent the lawyer from engaging you in a one-on-one conversation.

Knowing how to remain calm when you’re being accused of a crime can significantly affect the outcome if you can control your feelings and emotions. With enough preparation and by following a few tips, you can take the right steps to ensure that you’re proven innocent.

Nolef Turns Inc. believes in justice and also in compassion for people who have had criminal convictions. Check out our services and programs to see how Nolef Turns Inc. can help you or a loved one today.


How Common is Prosecutorial Overreach in the United States?

Our mission is to help those who have been accused or convicted of a crime get back on their feet. If this is you, you know that this is an uphill battle. There are forces in this world that are hellbent on keeping you down. Unfortunately, in some jurisdictions, one of these forces is the prosecutor’s office themselves.

Prosecutorial overreach runs rampant in U.S. courts, both at the state and federal levels. Law enforcement and prosecutors perceive the need to play tough to build cases and secure convictions. While being tough to get results may be part of their job descriptions, many fail to recognize that playing fair is also their duty.

 

The Brady Rule

 

 

 

 

 

Criminal law provides for crucial procedures and rights designed to provide the accused with the presumption of innocence and the right to a fair trial, in conjunction with the 4th, 5th, 6th, 7th, and 8th amendments. When prosecutors decide to take a win-at-all-costs mentality, they are tempted to cheat, or at least cut corners. When they cheat, they violate defendant’s constitutional rights. Unfortunately, this results in many defendants being convicted of crimes they did not commit – or the punishment won’t fit the crime.

One of the most common forms of prosecutorial overreach is a violation of the Brady rule. This rule requires prosecutors share any exculpatory evidence with the defense. Exculpatory evidence, which shows a defendant’s innocence, usually winds up in the hands of prosecutors as a result of law enforcement investigations. For example, a police report of a witness’s description of a suspect that does not match the defendant would be exculpatory. When prosecutors fail to turn such a piece of evidence over to the defense, they violate the Brady rule.

Judge Says Brady Rule Violations Are Epidemic

In 2013, the Chief Judge of the 9th Circuit U.S. Court of Appeals, Alex Kozinski, wrote in a judicial opinion, “There is an epidemic of Brady violations abroad in the land.” The judge went on to say he believes judges must work harder to stop these violations. In the case, he wrote the opinion for, prosecutors failed to turn over information that the scientist who conducted forensic testing in the case had a history of providing wrong information in criminal law cases, including intentional misconduct that resulted in the conviction of innocent people.

Prosecutors Facing Little Oversight

 

 

 

 

Part of the problem stems from the fact that prosecutors face too little oversight. As the system works, prosecutors have the discretion to decide what qualifies as exculpatory. Since they are under high pressure to win cases, there is a tendency toward bias in making these determinations. When courts find that prosecutors have withheld exculpatory evidence, prosecutors rarely face serious consequences.

Overreach from a prosecutor, whether from a Brady violation or other misconduct, greatly diminishes defendant’s rights to a fair trial. Defense attorneys work hard to keep prosecutors honest by demanding all exculpatory evidence, and when exculpatory evidence is withheld, they demand the dismissal of wrongful charges.

 Image Credit: Eric Harron Criminal Defense

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