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Old 17 April 2011, 22:02
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CB CB is offline
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Join Date: Jan 2003
Location: Clarksville, Tennessee
Posts: 1,534
From an Assistant District Public Defender who has "won" more than a few cases he should have lost:

Maintain Situational Awareness.

Right now, as you sit on your ass reading this post:

a - Where are you? (street address? nearest landmark?)

b - What time is it? (Don't look at the clock, your watch, or that little box in the lower right hand corner of your computer screen) What time is it?

c - Who is in the building with you? Who should be in the building with you?

d - Where is the nearest entrance/exit/window you can open/window you can force?

e - Where is the nearest pistol? Is there one in the chamber? How many rounds are in the magazine? Where is your nearest ammo supply?

f - Where is your nearest heavy caliber weapon (rifle/shotgun)? Is it loaded, if yes, with what? If not -- [why not] -- where is the ammunition?).

2 - Imagine yourself on the witness stand, being questioned by a defense attorney:

a - Mr. XXXX, where were you?

What were you doing?

What first brought your attention to the incident at hand?

Did you have probable cause -- did you have reasonable suspicion... to believe ...?

b - Who and what did you FIRST tell about the matter at hand?

and so on.

I'm probably not wording this very well, but "pretend" something happened and you were required to recite the who - what - where - when. Could you do it?

Do you have a notepad to jot down license numbers, are you "with it" enough to key the microphone (knowing it will be recorded) and blurt out the make/model/plates
/number of occupants as you run toward the scene, even if you are not expecting an answer?

Are you looking "down from above" on the scene, knowing who is to your left, your right, in front and in back of you. Do you know where a criminal will run (back door, to the street, make a run for his car?)

Are you aware of -- and ideally CONTROLLING the situation? Or are you reacting to the situation?

Like a pilot who stays "in front of his airplane" instead of reacting -- constantly correcting -- while never correct?

=====

Anyway:

Assuming your local Public Defender is a good guy (or a good woman) talk to them. If they are honest with you, you will learn more weaknesses about your case that you will even hear from a District Attorney.
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