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  1. #46
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    Quote Originally Posted by AJ_DS View Post
    The reason is obvious IMO…

    "You have the right to remain silent… If you choose to waive that right, everything you say can and will be used against you"

    Whether one is being arrested or not, Police officers are NOT there to help you… they "protect and serve" the public/society not individuals per se… as it turns out, the best way to serve society might be to prosecute you (even if you did nothing wrong)

    If one cooperates with police by making statements before having consulted with an attorney, one must realize those police officers will be writing reports a few hours to a few days after you made your statement and eventually be called to testify for the State perhaps 1 year or more after the incident.

    … even the most honest police officer can make mistakes, misunderstand, misconstrue statements, etc… just as any other witness can… OR possibly bend reality to corroborate other statements, help investigators, etc…

    There is NO personal advantage whatsoever in volunteering information of any kind… remaining silent may avoid you criminal charges, may offer you leverage in a plea bargain, may offer you greater flexibility in possible Defence strategies, may avoid you a guilty verdict or may even avoid you a possible civil suit…. may be denied insurance claim, etc...

    On a side note… the worst possible time to be talking to police is right after an accident : you are hurt, in shock, stressed, etc…

    Therefore, the real question is why would anyone be willing to volunteer a statement to police in those circumstances ?
    Great points.

    It's not like they don't have plenty of lawyers at the ready and money to pay them with. Not so, if it was me.
    You must be the change you wish to see in the world. - Gandhi

  2. #47
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    Quote Originally Posted by ColonelMustard View Post
    Great points.

    It's not like they don't have plenty of lawyers at the ready and money to pay them with. Not so, if it was me.
    IMO, wealth and attorneys on retainer is not really relevant…

    Spending a few hundred bucks to consult with an attorney BEFORE making a statement to investigators may ultimately save you several thousands of dollars of attorney fees at Trial.

    I look at it a little bit as an insurance policy : better to have it and not need it rather than need it and not have it !

    Most people grasp the wisdom and benefits of having car insurance, home insurance, health insurance, etc… but when it comes to the Legal arena, some throw caution and common sense to the wind by acting according to naive and misguided beliefs.

    The judicial process is a complex system entirely run by human beings… therefore it is subject to mistakes, prejudice, influence, abuse, corruption, hubris, greed, dishonesty, etc…

    As a civilian, the only 2 rights you possess (which are guaranteed by Law) when being questioned by police investigators is the right to silence and the right to consult with an attorney.

    … BUT some waive those 2 rights and blab to police anyways ?

    How many innocent people have been wrongly charged, convicted and sentenced because of that ?

    How many innocent people have even confessed to crimes they did not commit during police interrogations ?

  3. #48
    Join Date
    Jun 2013
    Location
    Hamburg/Bremen
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    Carl Pistorius @carlpistorius · 25. Jan.

    POWER food helps achieve POWERFUL results! Wouldn't have thought I was good 4 dead 6 months ago.


    Carl Pistorius @carlpistorius · 16 Std. Vor 16 Stunden

    The pain is berserk. It is all in the head. Hahaha. That kind of works. Jesus these feet are yours.

  4. #49
    Join Date
    Nov 2011
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    Look like CP will get away with it yet again.

    http://citizen.co.za/316344/npa-rene...s-prosecution/

  5. #50
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    Jun 2014
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    Quote Originally Posted by soozieqtips View Post
    Look like CP will get away with it yet again.

    http://citizen.co.za/316344/npa-rene...s-prosecution/
    Carl Pistorius is a doucheb*g IMO…

    … but the NPA (and police) are bumbling idiots with their statements to the press :

    - Carl will be charged because he wouldn't make a statement… then Carl is not charged because of refusal of making a statement

    - Carl will be charged because of the evidence against him… then Carl will not be charged because evidence has to be further scrutinized

    - A summons was prepared… but it wasn't served to Carl

    - The case will be sent back for further investigation

    Jeez… the accident was 6 months ago !!… a straightforward head-on collision between 2 cars on the highway… how much investigative work can this possibly require ??… How many such accidents have occurred in the 6 months ???… are all these accidents being so poorly investigated ?!?

    Heck, if it was me, I would have a mind to sue the NPA in civil court !!!

  6. #51
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    Nov 2011
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    By the sea
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    AJ - I don't know who are bumbling idiots. I just know that whenever a Pistorius is involved in something shady, they come out smelling of roses. CP previously killed someone in a road accident, and now we have this situation where he was about to be charged, and something's suddenly "changed" and he probably won't be, just like he wasn't charged with wilful tampering of evidence when his brother was on trial for killing Reeva. Seems like they live by their own rules (in between killing women) and God help anyone who wants to hold them to account.

  7. #52
    Join Date
    Jun 2014
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    Quote Originally Posted by soozieqtips View Post
    AJ - I don't know who are bumbling idiots. I just know that whenever a Pistorius is involved in something shady, they come out smelling of roses. CP previously killed someone in a road accident, and now we have this situation where he was about to be charged, and something's suddenly "changed" and he probably won't be, just like he wasn't charged with wilful tampering of evidence when his brother was on trial for killing Reeva. Seems like they live by their own rules (in between killing women) and God help anyone who wants to hold them to account.
    1. Let's face facts… powerful, influential, wealthy individuals will always be able to get away with more than common folk can… it's not fair, but that's life… always been that way since the dawn of time, always be that way till the end of time.

    2. I can't comment without prejudice about Carl's previous accident and Trial… I do not have any of the facts.

    3. I can't comment without prejudice about Carl's recent accident… I do not have all the facts, but from the little bit I've read in the press, it seems to me that both drivers had to be at fault (i.e. one for carelessly overtaking in incoming traffic lane, the other for driving too fast)

    4. As for the charges against Carl… perhaps the Police and NPA could benefit from Carl's example and remain silent until all the facts/decisions are in… blabbing to the press and then having to publicly retract or contradict those statements is certainly not professional (hence, my "bumbling idiots" comment… which was perhaps a bit harsh)

    5. Notwithstanding the Pistorius family clout and the role it possibly played in the outcome of various shady doings, I must admit I am not impressed to say the least with the SA Police and NPA :

    - Overall investigation of Reeva's murder
    - Botha
    - Missing watch
    - Way the prosecution case was conducted
    - Non-addressing of various crucial elements by prosecution
    - Failure of prosecution to properly address elements of the Defence case
    Last edited by AJ_DS; 01-28-2015 at 07:41 PM.

  8. #53
    Join Date
    Apr 2014
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    1,095
    "O, what a tangled web we weave, When first we practise to deceive!" Sir Walter Scott

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