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  1. #1
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    Legal Questions for our VERIFIED Lawyers

    For those of you who are not familiar with the Verified Attorney threads from other forums, this is how they work:

    This is a ***NO DISCUSSION THREAD***.

    Anyone can post a LEGAL QUESTION but ONLY VERIFIED ATTORNEYS can answer in this thread.

    These threads are forum favorites and very valuable resources. Please show respect by back-reading a bit to see if your question has already been asked and answered.

    We are so fortunate to have attorneys who are willing to donate their time and entertain our questions. We appreciate your expertise!

    Here's a list of those who are verified to answer:

    AZLawyer
    BG4pip
    Cybersleuth58
    Desquire
    Gitana1
    Gwenabob
    Hell's Belle
    Katprint
    Miracleshappen
    nancy botwin
    Rhornsby
    Themis
    RLynne
    GermanePoints
    Just A Lawyer
    gritguy
    SoCalSleuth
    ChinaCat67
    beachbumming
    patriciah


    (I think this list is up-to-date. If you are verified and not on here, please PM any moderator. )

  2. #2
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    What does "unrestricted" access mean to LE or to a defense attorney?

  3. #3
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    Now CS is no longer working with/for the family if they had told her something that implicated them in Lisa's disappearance and/or death would CS be able to go to LE with this or would she still have to keep quiet about it as it was told to her when it was under client attorney privilege?

    Gee,I hope that made sense!
    All truths are easy to understand once they are discovered; The point is to discover them.



    Jodi Ann Arias - GUILTY 1st Degree Murder

    Sentence - LIFE Without Parole

  4. #4
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    Why can LE not just question the boys? Are they also represented by the attorney who represents the parents? I am very confused as to why the boys can't just be interviewed.
    "A person's a person no matter how small" Dr. Seuss This means Caylee, Kyron, Gabriel Johnson, Jonathan Foster, Skelton Boys, Zahra Baker, Haleigh Cummings, Sylar Newton, Ayla Reynolds, Cooper Harris all the child crime victims I don't have room to list.

  5. #5
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    Why is Bill Stanton (sp?) brought in if he is not licensed in MO?

    He is known as a PI and also a body guard, but what service can he provide with no license? TIA

  6. #6
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    Quote Originally Posted by scmom View Post
    What does "unrestricted" access mean to LE or to a defense attorney?
    In what context? Unrestricted means what it does. That unfettered access is given to a person, place or thing.

    Quote Originally Posted by josie1986 View Post
    Now CS is no longer working with/for the family if they had told her something that implicated them in Lisa's disappearance and/or death would CS be able to go to LE with this or would she still have to keep quiet about it as it was told to her when it was under client attorney privilege?

    Gee,I hope that made sense!
    No. She can NEVER speak about anything that would implicate her clients. That lasts until she dies.

    Quote Originally Posted by Beccaboo View Post
    Why can LE not just question the boys? Are they also represented by the attorney who represents the parents? I am very confused as to why the boys can't just be interviewed.
    The boys are under the control of the parents. If the crime was against them, and the parents were the accused, then they could be questioned without the parents' permission. But often that happens after social services has taken custody. We have constitutionally protected rights to our children and the right to dictate what happens to them, how they are educated, who speaks to them, etc. Only when there own health and welfare is threatened does that change.

    I had hoped the mother and father of those boys had some legal/custodial rights because then they could have allowed the children to be questioned without the custodial parents' permission.

    Quote Originally Posted by 1&2&3 View Post
    Why is Bill Stanton (sp?) brought in if he is not licensed in MO?

    He is known as a PI and also a body guard, but what service can he provide with no license? TIA
    It doesn't matter whether he is licensed or not. He can still do the job, unless it is prohibited in the state. Licensing usually just adds credibility and allows potential clients to find someone who has been through a course. But there have been PIs without licenses who are incredible. I'm not sure if Missouri or local agencies there mandate that a person holding themselves out as a PI be licensed, or not. But any private citizen can sleuth a case.
    Last edited by gitana1; 10-31-2011 at 03:52 PM.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  7. #7
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    Quote Originally Posted by 1&2&3 View Post
    Why is Bill Stanton (sp?) brought in if he is not licensed in MO?

    He is known as a PI and also a body guard, but what service can he provide with no license? TIA
    Okay, so I researched a bit. It looks like MO does have a licensing requirement:
    Missouri
    P.O. Box 720
    Jefferson City, MO 65102
    None required on the state level, but Kansas City, St Louis, Joplin, St Joseph and Springfield require licensing.

    <> On August 28, 2007 a bill was signed into law in Missouri requiring the licensing of private investigators statewide. The law now requires a written exam, with an exclusion for those with current POST (Peace Officers Standards and Training) certification. The law also requires background checks, fingerprinting, and submission of documentation and photograph, $250,000 general liability insurance. According to the professional licensing board website at this link, http://pr.mo.gov/pi.asp . While the law is in effect, the state's website says it has not yet appointed the licensing board members and does not anticipate doing so until the legislative session of 2008. It also indicates that it will not begin enforcing the new licensing requirement until January 2009.
    http://oregonpi.com/licensing.html

    I'm not sure what the penalties for operating without being licensed and bonded are, in MO. Maybe it's not really enforced.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  8. #8
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    Is it possible that JT has intimate knowledge re: Lisa's location but CS wasn't privy to that information? I guess to the point, if there are 2 attorneys working a case like this are they both given access to all information in a case, or was CS only given information as deemed fit by <whomever>?

  9. #9
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    What recourse does LE have when a witness, person of interest, or suspect, refuses to cooperate in an investigation? And at what point can LE choose this option of recourse?
    People seldom do what they believe in. They do what is convenient, then repent. ~ Bob Dylan

  10. #10
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    Quote Originally Posted by iamnotagolem View Post
    Is it possible that JT has intimate knowledge re: Lisa's location but CS wasn't privy to that information? I guess to the point, if there are 2 attorneys working a case like this are they both given access to all information in a case, or was CS only given information as deemed fit by <whomever>?
    Possible, but not probable.

    Quote Originally Posted by Mountain_Kat View Post
    What recourse does LE have when a witness, person of interest, or suspect, refuses to cooperate in an investigation? And at what point can LE choose this option of recourse?
    With a witness, they can subpoena them to a GJ or a pre-trial or trial or depo. With a suspect or POI, they can do nothing. We have a constitutional right not to incriminate ourselves. The best LE can do is keep working the case.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."


  11. #11
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    When can LE demand that Deborah and Jeremy be interviewed separately? I think the case will blow open if that happens.

    Since they are not husband and wife, then they can testify against each other? Right?

  12. #12
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    gitana, thank you so much for being here.

    I am aware of civil cases where the defendant(s) will enlist the aid of attorneys who specialize in a certain field with no intention of using their testimony at trial. They do this simply so that said specialized attorney can NOT work for the "other side."

    Is this a practice in criminal cases as well? Could a defendant or their representative retain a certain lawyer for X amount of time, then release them, knowing full well that whatever information was relayed to that lawyer during the time they worked for the defendant would be eternally privileged?

    Would there be any benefit to a criminally guilty defendant if they did such a thing?
    You can hold back from the suffering of the world. You have free permission to do so and it is in accordance with your nature.
    But perhaps this very holding back is the one suffering you could have avoided.
    Franz Kafka

    Be not simply good. Be good for something.
    HDT

  13. #13
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    Quote Originally Posted by 1&2&3 View Post
    When can LE demand that Deborah and Jeremy be interviewed separately? I think the case will blow open if that happens.

    Since they are not husband and wife, then they can testify against each other? Right?
    LE can't "demand" that they be interviewed at all, because they can always take the 5th and refuse to talk.

    You are correct that there should not be any privilege between them.

    Quote Originally Posted by ynotdivein View Post
    gitana, thank you so much for being here.

    I am aware of civil cases where the defendant(s) will enlist the aid of attorneys who specialize in a certain field with no intention of using their testimony at trial. They do this simply so that said specialized attorney can NOT work for the "other side."

    Is this a practice in criminal cases as well? Could a defendant or their representative retain a certain lawyer for X amount of time, then release them, knowing full well that whatever information was relayed to that lawyer during the time they worked for the defendant would be eternally privileged?

    Would there be any benefit to a criminally guilty defendant if they did such a thing?
    It wouldn't do a bit of good for a criminal defendant to "tie up" a criminal defense lawyer, because the "other side" (the prosecution) certainly won't be using a criminal defense lawyer.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  14. #14
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    if i understand correctly, a Grand Jury is looking at this case right now. when should we expect to hear from them? generally how long does that take?

    is it unusual that a GJ is involved so early? i believe they convened on the 18th.

  15. #15
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    Quote Originally Posted by askfornina View Post
    if i understand correctly, a Grand Jury is looking at this case right now. when should we expect to hear from them? generally how long does that take?

    is it unusual that a GJ is involved so early? i believe they convened on the 18th.
    Depending on the state regulations, the GJ might have been convened just for investigative purposes, in which case we wouldn't hear from them at all. If the GJ was convened to seek an indictment, there would not be any "normal" amount of time for it to conclude. There is also no "normal" amount of time after a crime for a GJ to be convened--it depends on the specific facts of each case.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

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