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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 07-06-2005, 12:40 PM
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Join Date: May 2005
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Question

Incriminating alibi


What is the name of your state? Maine

Recently my son was accused of being involved in a robbery that he had no part of. He was able to give an alibi but in doing so incriminated himself. His license was currently under suspension but during giving his statement admitted that he drove to an appointment (which was verified). Now they have summonsed him on driving after suspension even though he was never given a ticket or stopped by an officer. Obviously he should not have been driving but can they use this information that he gave in his statement against him?? He was also told that he was not entitled to a court appointed attorney because he had incriminated himself. He does not have money to hire a lawyer so any legal advice any of you can give would be greatly appreciated. The judge granted him a two week continuance before he has to appear in court.

Thank you and have a great day!!
  #2  
Old 07-06-2005, 02:08 PM
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Join Date: Feb 2003
Location: California
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There really isn't much he can do to defend himself. He admitted to the act of driving without a license, and his presence at the appointment was verified. His only defense would be that he lied ... and lying on the stand is perjury and a MUCH more serious offense that driving while unlicensed.


Better to avoid the robbery and perjury convictions and take his lumps like a man.

But, it is always best to consult an attorney anyway.

- Carl
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A Nor Cal Cop Sergeant

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And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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