99topdawg
Well-Known Member
Thanks, wasn't sure of that.
DJK Complaint, Per Court Documents
- Thread starter northendzone
- Start date
Thanks, wasn't sure of that.
hawkdrummer1
Well-Known Member
One thing that caught my eye is this: Defendant also was in possession of electronic media showing him in possession of Cocaine.â€
How many times have we seen people with videos of themselves doing stupid/illegal/embarassing things? For a generation that grew up with all these digital tools and media...so many still have no clue how to use them and/or what the repercusssions are of essentially creating evidence against yourself.
Unbelievable.
How many times have we seen people with videos of themselves doing stupid/illegal/embarassing things? For a generation that grew up with all these digital tools and media...so many still have no clue how to use them and/or what the repercusssions are of essentially creating evidence against yourself.
Unbelievable.
I learned this lesson the hard way myself with the bs line, "tell us the truth now and things will be better in the long run."
Total load of crap. For any of you youngsters out there, politely decline to answer any questions (don't be a ***** about it) until you can speak with a lawyer and/or you parents if you are underage.
Total load of crap. For any of you youngsters out there, politely decline to answer any questions (don't be a ***** about it) until you can speak with a lawyer and/or you parents if you are underage.
okeefe4prez
Well-Known Member
Yeah, but at least you have a chance of getting those pictures suppressed at trial. And even if you don't, you have some defenses of "that ain't me" or "you've all seen photoshopped pictures" etc.
tm3308
Well-Known Member
I briefly wondered if DJK could get the confession thrown out due to not being of sound mind at the time. But, in a drug investigation, I don't think he does much service to say that your confession should be thrown out because you were high at the time. Tomato, tomato (damn lack of inflection in text!).
okeefe4prez
Well-Known Member
Maybe he felt like he had a better chance at a lesser sentence, but if you get one head/stoner or maybe a few huge football fans on an IC jury, you have a chance of getting a jury nullification. And without a lot of direct statements, the state would still try to plea, but they'd have a lot less ammo if the defense lawyer could say "DJK is going to the NFL and his parents have paid me a huge retainer. I'm going to go to trial, bury you under motions, and I will get a decent jury in this left leaning town. Give me your best shot." Now, that's gone.
northendzone
Member
Just for people who don't understand Miranda: Generally, when there is custody, prior to an interrogation, the police have to read you the Miranda warning and inform you of your constitutional right to remain silent under the Fifth Amendment -- which is a protection against self-incrimination.
So basically, the police said to DJK, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"
DJK then, apparently, acknowledged he had these rights to the police/investigators. Yet despite knowing he had this right to remain silent, decided to talk and allegedly confessed to what was mentioned in the criminal complaint.
Unlike TV/movies, Miranda generally isn't given the second someone is arrested -- while the police could read someone their Miranda rights just after arrest, it is more typically given back at the police station just prior to an interview by a detective / investigator. I think in the final analysis, its going to be really hard for DJK to claim he didn't understand his right to remain silent. Police routinely record interviews, and the Miranda warnings being given. In fact, I would not be shocked if the actual video tape of DJK's interview comes out eventually in the media, after an open records request.
All situations are different, but generally, if the police put me in custody, and wanted to ask me questions, and read me my Miranda rights -- I would repeat these words over and over and over again, no matter what the question: "I would like to speak to my attorney." And then I would keep my damn mouth shut. And that would be my right under the Constitution. It amazes me how many people, however, are willing to talk to the police, despite being read their Miranda rights. People sometimes just feel guilty, and feel a huge amount of pressure on their conscience and need to confess. It may not be smart, but its only human I guess. I hope the kid gets the help he needs, because if what is alleged is true, he has some serious problems he needs to deal with to save his life, let alone his football career.
So basically, the police said to DJK, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"
DJK then, apparently, acknowledged he had these rights to the police/investigators. Yet despite knowing he had this right to remain silent, decided to talk and allegedly confessed to what was mentioned in the criminal complaint.
Unlike TV/movies, Miranda generally isn't given the second someone is arrested -- while the police could read someone their Miranda rights just after arrest, it is more typically given back at the police station just prior to an interview by a detective / investigator. I think in the final analysis, its going to be really hard for DJK to claim he didn't understand his right to remain silent. Police routinely record interviews, and the Miranda warnings being given. In fact, I would not be shocked if the actual video tape of DJK's interview comes out eventually in the media, after an open records request.
All situations are different, but generally, if the police put me in custody, and wanted to ask me questions, and read me my Miranda rights -- I would repeat these words over and over and over again, no matter what the question: "I would like to speak to my attorney." And then I would keep my damn mouth shut. And that would be my right under the Constitution. It amazes me how many people, however, are willing to talk to the police, despite being read their Miranda rights. People sometimes just feel guilty, and feel a huge amount of pressure on their conscience and need to confess. It may not be smart, but its only human I guess. I hope the kid gets the help he needs, because if what is alleged is true, he has some serious problems he needs to deal with to save his life, let alone his football career.
What would you do if the police wouldn't allow you to talk to an attorney or to even have your phone call? What do you do if they keep you awake until you confess? Yes, this does happen. Not saying it did here but putting you in that situation what would you do.
hawkdrummer1
Well-Known Member
As we all know, "remaining silent" has never been one of DJK's strengths.
This +10000.
Did you guys really think DJK was going to stay silent? He probably bought the line that if he talked now, everything would work out for him.
