Legal Questions for our VERIFIED Lawyers

Discussion in 'Lisa Irwin' started by beach, Oct 30, 2011.

  1. beach

    beach Administrator Staff Member Administrator Moderator

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    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
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    Gitana1
    Gwenabob
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    Miracleshappen
    nancy botwin
    Rhornsby
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    (I think this list is up-to-date. If you are verified and not on here, please PM any moderator. :tyou:)
     
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  3. scmom

    scmom New Member

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    What does "unrestricted" access mean to LE or to a defense attorney?
     
  4. josie1986

    josie1986 Verified Juanette

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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!
     
  5. Beccaboo

    Beccaboo New Member

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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.
     
  6. 1&2&3

    1&2&3 Well-Known Member

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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
     
  7. gitana1

    gitana1 Verified Attorney

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    In what context? Unrestricted means what it does. That unfettered access is given to a person, place or thing.

    No. She can NEVER speak about anything that would implicate her clients. That lasts until she dies.

    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.

    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.
     
  8. gitana1

    gitana1 Verified Attorney

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    Okay, so I researched a bit. It looks like MO does have a licensing requirement:
    [SIZE=+1]Missouri[/SIZE]
    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.
     
  9. iamnotagolem

    iamnotagolem Active Member

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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>?
     
  10. Mountain_Kat

    Mountain_Kat Heca, firimar!

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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?
     
  11. gitana1

    gitana1 Verified Attorney

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    Possible, but not probable.

    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.
     
  12. 1&2&3

    1&2&3 Well-Known Member

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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?
     
  13. ynotdivein

    ynotdivein Retired WS Staff

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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?
     
  14. AZlawyer

    AZlawyer Verified Attorney

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    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.

    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. ;)
     
  15. askfornina

    askfornina New Member

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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.
     
  16. AZlawyer

    AZlawyer Verified Attorney

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    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.
     
  17. nursebeeme

    nursebeeme Registered User

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    bumping up for your lawyer questions
     
  18. RANCH

    RANCH Well-Known Member

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    Bump again.
     
  19. robert david baker

    robert david baker New Member

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    Where can i find the best lawyer for me, because i work for a company in California.I did over time last month and they decided to pay me extra for that. But now they are denying and threatening me to fire from the job if i talk about the extra money for work with them. Now i need a lawyer to file a case over them so that i can get the claim. any recommendations ?
     

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