Is it ever possible for someone to talk their way out of an encounter with the police? Can statements be twisted and used against defendants in court?

People have a right to have an attorney present and should take advantage of that right. As an American citizen, when charged with a crime, you are presumed innocent. The burden of proof lies completely with the state or the accuser. One of the formal instructions a judge will give to a jury at the end of a trial is this: the defendant or the accused is not required to present any evidence on their behalf and the fact that he has not presented any evidence on their behalf cannot be used against them.

A lot of the time, people will come into my office and say, “What are we going to say about this? There is a kilo of cocaine in my house. How am I going to explain this away?” I remind them that the state or the federal government has the burden of proving that you knew that the cocaine was present. They have to prove two different things: 1) that it was in your exclusive possession and control and 2) that you had knowledge of its presence.

What are the rights of a person who has a search warrant issued against them?

If they kick your door in on a search warrant and find a kilo of cocaine in your house, but there are two other people present when they come in and you are not anywhere near that kilo of cocaine, that is a case that I am mostly likely going to win at trial. The state is not going to be able to prove beyond a reasonable doubt that you knew that the cocaine was there and they are not going to be able to prove that you handled that cocaine at any time. I have won numerous cases that unfold that way. Most people think these cases are a lost cause. They might say, “What are you talking about? This cocaine is in my house or my car? What am I going to say?” Because of television and movies, people think they have to make some kind of statement when, in fact, one of the most fundamental, foundational principles of the constitution is that you have a right to remain silent. You have a right to not present evidence on your own behalf. Furthermore, the fact that you do not cannot be used against you.

People have a right to have an attorney present and should take advantage of that right. As an American citizen, when charged with a crime, you are presumed innocent. The burden of proof lies completely with the state or the accuser. One of the formal instructions a judge will give to a jury at the end of a trial is this: the defendant or the accused is not required to present any evidence on their behalf and the fact that he has not presented any evidence on their behalf cannot be used against them.

A lot of the time, people will come into my office and say, “What are we going to say about this? There is a kilo of cocaine in my house. How am I going to explain this away?” I remind them that the state or the federal government has the burden of proving that you knew that the cocaine was present. They have to prove two different things: 1) that it was in your exclusive possession and control and 2) that you had knowledge of its presence.

What are the rights of a person who has a search warrant issued against them?

If they kick your door in on a search warrant and find a kilo of cocaine in your house, but there are two other people present when they come in and you are not anywhere near that kilo of cocaine, that is a case that I am mostly likely going to win at trial. The state is not going to be able to prove beyond a reasonable doubt that you knew that the cocaine was there and they are not going to be able to prove that you handled that cocaine at any time. I have won numerous cases that unfold that way. Most people think these cases are a lost cause. They might say, “What are you talking about? This cocaine is in my house or my car? What am I going to say?” Because of television and movies, people think they have to make some kind of statement when, in fact, one of the most fundamental, foundational principles of the constitution is that you have a right to remain silent. You have a right to not present evidence on your own behalf. Furthermore, the fact that you do not cannot be used against you.

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