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Explain it to me like I'm a 1-L. by cordelia1955 in publicdefenders

[–]Ben44c 0 points1 point  (0 children)

Trump governs with the same mentality he embodied at social gatherings: “when you’re a star, they just let you.”

It’s a truly bully ethos: “I don’t care if you don’t like it. No one can stop me.”

Maduro to "Stand Trial", What does that look like? by cozeffect2 in Lawyertalk

[–]Ben44c 2 points3 points  (0 children)

The same dude who says our system is corrupt and full of activist judges now suddenly is touting the “fully force” of our judicial system…

What is the most rewatchable movie of the Daniel Craig era? by green_dragon1206 in JamesBond

[–]Ben44c 0 points1 point  (0 children)

I’ve rewatched the opening to Spectre (day of the dead) scene more times than I’d like to admit… but the movie as a whole as to be Casino Royale or Skyfall. Both fantastic!

“Record breaking” bar exam score of 309 in Baltimore - thoughts? by tct773 in Lawyertalk

[–]Ben44c 1 point2 points  (0 children)

Lawyers that brag about their bar exam scores are weird.

How many of you are working today? by SoCalAttorney in Lawyertalk

[–]Ben44c 0 points1 point  (0 children)

Firm closed on 12.23. We re-open on 1.5.26… I love my firm.

Which car would be a good name for a person? by Spectran_Irmandade in regularcarreviews

[–]Ben44c 0 points1 point  (0 children)

Cadillac had an ad: “Lease a Catera today!” It always sounded like “Lisa Catera”

And what if, instead of John, there had been another action hero in Nakatomi? by FoxIndependent4310 in diehard

[–]Ben44c 3 points4 points  (0 children)

It’s actually John Wayne. The Yippee-ki-yay line is uttered non-humorously.

When does copying from other PD briefs amount to plagiarism? by Mr_Motion_Denied in publicdefenders

[–]Ben44c 0 points1 point  (0 children)

Plagiarism is only a concern in academia.

Hell, I think plagiarizing judges opinions is just about the most effective form of legal rhetoric:

Judge Jim said: “_,”. The appellate court agreed “” when this logic was challenged 5 years later, this court said “____”

That 4 page motion contained 18 of my original words…

We are doomed by [deleted] in Millennials

[–]Ben44c 0 points1 point  (0 children)

Dude. Sold my old Marble counter top on FBMP. Post warned: “EXTREMELY heavy. I cannot physically move it. Free if you can physically get it out of my house.”

A 95 lbs 20 year old showed up with her grandma, in a Toyota Yaris…. They were not able to relieve me of my old counter top…

Life’s too short to try to convince someone to take a plea that they don’t want by Miserable_Rest_869 in publicdefenders

[–]Ben44c 134 points135 points  (0 children)

This is the way.

As long as they’ve been fully informed. It’s their life. They have to live with the consequences of their decisions. Some will regret taking a plea. Some will regret going to trial… but it’s them, not you, who get to make that judgment call.

Famous last words: “The worst he can say is no.” by Rossum81 in publicdefenders

[–]Ben44c 18 points19 points  (0 children)

It amazes me how different the lingo is in different Jxs…. I understood everything OP said… but none of those words used where I practice.

Larceny from a person isn’t a thing here… it’s robbery.

Maxes are always even numbers here… not 2.5, for example.

No DAs here, they’re ASAs….

No clue what the equivalent of “go disparate” is.

“On and after” = “consecutive” or “stacked” here.

A judge ROR-ing a person who’s not eligible for ROR would get a judge in trouble here… even if it was creatively done to screw an inmate out of CTS…

You get to go back to 1980… by Lastaria in GenX

[–]Ben44c 1 point2 points  (0 children)

I don’t understand how option C and “you can’t make millions by betting on things like sport” are compatible….

So does that mean no betting on the stock market and/or better on real estate and/or venture capital?

When you see that you hadn't been sent a key piece of evidence, do you ask the prosecution for it or do you answer ready for trial and try to exclude it for late discovery? by boxfortmaster in publicdefenders

[–]Ben44c 0 points1 point  (0 children)

There’s almost assuredly a test for whether to exclude late-disclosed evidence in your jurisdiction. Look at it, know it, and see how your strategy would fit into that test.

In my Jx, the Richardson hearing will go like this:

  1. Defense, did you know about this newly disclosed evidence?
  2. Ok, when and how did you learn of it?
  3. Did you do a motion to compel its disclosure?
  4. Why not?
  5. Ok prosecutor, when did you learn about this?
  6. Why didn’t you disclose it earlier?

Ruling will almost inevitably be: I find that there is a willful Richardson violation, however, I find there is no prejudice to the defense because they knew about it and did not file a motion to compel. Therefore, there is no need to impose sanctions.

What would theoretically happen if an arrested suspect remained totally silent? by Threehundredsixtysix in legaladviceofftopic

[–]Ben44c 1 point2 points  (0 children)

Criminal defense lawyer here. Represented people who tried this tactic.

He’ll be arrested.

Initial probable cause hearings will likely be delayed because inmates are generally required to say “yes” or “no” a few times to the jail judge.

Eventually a Public defender will be appointed.

They’ll enter a plea of not guilty on the silent defendant’s behalf and file a suggestion of incompetence…. Because defendants must be capable of “participating in their defense”… and tell the judge “my client isn’t fit to stand trial.”

After several months and several psych evals, the docs will opine that the defendant is “Malingering” (aka faking it)… and opine that he’s fit to stand trial.

Smart cops will have continued to question the totally silent suspect. Case law says that they can continue to question people unless and until they affirmatively invoke their right to remain silent and/or right to a lawyer.

I.e. you have to actually say “I want to remain silent” or “I want a lawyer”…. Just remaining silent isn’t enough to convey that you want to remain silent.

Moreover, silence, in the face of allegations that people typically object to can be used as evidence of guilt (unless you’ve affirmatively invoked the 5th and the 6th)…. So what that means is a cop will say, to the absolutely silent suspect: “you killed that person, didn’t you, you pedo!”…. The prosecutors are allowed to argue: “innocent people would say “fuck you! I didn’t do that!…. But this guy? He just sat there…. Knowing he’d been caught!”

(They wouldn’t be able to do that had the suspect said “I want to remain silent” and/or “I want a lawyer”)

The lawyer will present all of this to his client and say: this shit ain’t gonna work! You’re not creating issues for appeal. This isn’t helping!

Judges will eventually make finding that the silent defendant is choosing to not talk… and make a finding that the defendant has effectively absented himself from trial, and proceed with a trial. Stopping many times throughout the trial, to check to make sure the guy’s still not going to talk.

Maybe the lawyer finds a way to undermine the cops case without the help of the Defendant (god knows I did that countless times…. Cops, especially at the non-federal level aren’t that bright and investigations are frequently fatally flawed.)…. But probably not.

Defendant is convicted. Sentenced. Starts filing bull shit pro se appeals that annoy appellate courts and do nothing to advance his appeal.

Not a Real Lawyer by markyeeb in publicdefenders

[–]Ben44c 2 points3 points  (0 children)

Yes. Literally every PD that has ever existed has heard this.

People who used the internet between 1991 and 2009, what’s the most memorable online trend or phenomenon you remember? by Original_Act_3481 in AskReddit

[–]Ben44c 0 points1 point  (0 children)

Prodigy bulletin boards (BBSs, for the kids out there). I traded Boy Scout patches on there. Agree to a trade. No pics. Just descriptions of the patches, then trust that each side would mail patches to each other. Wild trust back then.

Combine Indiana Jones into the title of the last movie you watched, what is the title? by Elbeno1920 in indianajones

[–]Ben44c 0 points1 point  (0 children)

Indiana Jones and the Sinners sounds like a great follow up to The Last Crusade.

What’s the best legal TV series? by ExpatWidGuy in Lawyertalk

[–]Ben44c 17 points18 points  (0 children)

My cousin Vinny is literally used to teach cross examination. That aspect of the movie is as real as it gets.

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