Accessory after the fact

[aaronvnc]

The cops said I transported a co defendant from a crime scene. My co defendant made a statment that he fled on foot. The victim said there was 3 people in the vehicle but there was only 2. When I made contact with the cops there was 2 people in the vehicle. I was harrassed for several hours by detectives. They basically wanted me to make a false statement against myself to fit their version of events. I was released from jail the next morning on a pr bond. I was denied a public defender. Should I appeal this and try to get the public defender or try to get the money for an attorney. How strong of a case could this be since the cops didn't see 3 people in the vehicle? Are witness statements very strong evidence?

 

[fredrikklaw]

Go private if you can afford it!

The details you have give are a bit confusing and it does not quite make sense to charge you with being an "accessory after the fact" if the police claim that you allegedly "transported" the co-defendant from the scene of the crime, which I suppose is a whole lot better than what sounds like should be a straight forward charge of accessory to the entire [whatever] crime that was allegedly committed. But I digress.

Anyways, I am not sure why you were denied a public defender, but I can tell you that it is a legal impossibility to deny you defense counsel, unless it is shown that you are financially well off to be able to afford a private attorney, and, there is no need or place to appeal the judge's say-so, because you can very well just contact or go in person to the office of the Public Defender in your locale and ask that you be assigned one.

But if the charge is going to be such that you have explained and if you can truly afford the outlay, then, it would be a lot wiser to retain private counsel. Public defender offices and their attorneys the country over are overworked, underpaid, and understaffed and as such are not given to taking matters the long route and are more inclined to plead you out and clear their dockets, whereas a private attorney will go to bat for you proper and might have a trick or two up his or her sleeve that may work to your benefit.

And save for traffic offenses and jaywalking and such, when was the last time the police actually witnessed a serious crime taking place, which makes an eye-witness testimony a quite powerful tool for the prosecution.

fredrikklaw

 

[army judge]

The cops said I transported a co defendant from a crime scene. My co defendant made a statment that he fled on foot. The victim said there was 3 people in the vehicle but there was only 2. When I made contact with the cops there was 2 people in the vehicle. I was harrassed for several hours by detectives. They basically wanted me to make a false statement against myself to fit their version of events. I was released from jail the next morning on a pr bond. I was denied a public defender. Should I appeal this and try to get the public defender or try to get the money for an attorney. How strong of a case could this be since the cops didn't see 3 people in the vehicle? Are witness statements very strong evidence?

Okay, you've made several mistakes along the way.

The police can't speak to you, if you CHOOSE to avail yourself of your RIGHt to remain silent.

All you have to say, at anytime, is I do not want to speak to you (its wiser to say that when the ordeal starts).

But, you, like most criminal targets of the police THINK they can talk their way out of it.

That rarely, if ever, happens.

Even the most glib and personable personalities FAIL to talk their way out of police confinement.

Nike's slogan comes to mind, so I'll take liberty with it, "Just don't do it!"

Yes, you need to shut up.

You needed to do that before all of this began.

You may have already incriminated yourself.

So, please resist the temptation to explain further.

Do one of two things immediately, hire your own defense counsel.

Or, ask the court to appoint one to represent you, when you next appear in court.

In order to receive a court appointed counsel, you must prove to the court inability to pay for your attorney.

Do not confuse this with it will be too costly, that won't work.

The court will expect you to disclose your finances in order to determine if the people will pay for your counsel.

Whatever you do, do not speak to anyone about this.

For your own sake, do not admit any incriminating details to your counsel.

For God's sake, don't say, "I did it but XXXXXXXXXXXXXXXX."

At this point plead not guilty and ask for a trial, and shut up!

Yes, one more thing, stay away from the other individuals busted along with you!

This isn't the time to trust anyone but yourself and your attorney.