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Cops and Lying

p It is fascinating to me that a cop would ever consider lying about a case. Granted, it#39;s not a lot of information in this article that we know what the lie, but as a former prosecutor for the Travis County b Attorney#39;s/b Office, I understand that it must have been an essential falsehood or misrepresentation of to vacate the DA office VOLUNTARILY provider of conviction. Normally, a criminal b defense/b would be that the transition resulted in a convictionevacuated, the NOT HERE! /pp KXAN Austin reported that a police officer of the investigation for allegedly lying about a case that is led to the criminal conviction of a man Austin. /pp Ernest Smith was convicted in September on drug charges, but prosecutors learned that something was wrong, and it had to do with an Austin police officer. It is unclear exactly what this officer lied, but it was large enough for b the/b prosecutor to do something, it can rarelydoes. /pp The public prosecutor initiated a conversation with the defense of Smith#39;s b attorney/b and offered to vacate a ruling on his conviction based on new information. In essence, Smith#39;s conviction in September would be withdrawn. APD and the DA do not share too much information with KXAN either but we know … Sources say that an officer lied about something in the drug case, District Judge Bob Perkins did so the whole thing about three months after Smithwas convicted. /pp But his friends say, it#39;s too late. That#39;s because Smith is still in prison on unrelated drug charges it. It is also unclear how these other cases, accused officer is likely to compromise with the parties. /pp It is fascinating to me that a cop would ever consider lying about a case. Granted, it#39;s not a lot of information in this post, which we know that was a lie, but as a former prosecutor for the Travis County b Attorney#39;s/b Office, I understand that it mustwere quite significant falsehood or misrepresentation, the OFFER VOLUNTARY office to vacate the conviction. Normally, a criminal b defense/b would be that the transition resulted in a conviction vacated, the NOT HERE! /pp So why it is fascinating to me that a cop would lie in a case? Simply put, we are gaining nothing. If a case is not strong enough to warrant a conviction, then the person should not be condemned. It does not affect negatively on the officer#39;s mind thatone of his quot;collarquot; or persons arrested is not convicted unless, of course, quot;said an officer on anquot; ego trip quot;and the lack of personal conviction. Consider the following scenario (in an imaginary police report writing): /pp 1) Officer responded to a reported disturbance in an apartment complex, where it is, a suspect is selling drugs. /pp 2) Officer meets with the first suspicion and rightly leads down a quot;patquot; or quot;bouncequot; of his outer clothing to ensure that no weapons availablethat could endanger the officer. /pp 3) Officer feels a lump in the suspect case and is based on the officer#39;s quot;training and experience,quot; realized that the substance is an illegal narcotic. Now we have the quot;plain-touchquot; rule invoked … A close relative of the quot;plain sightquot; rule … /pp 4) Officer reaches into his pocket and pulls out the smuggling and arrest the suspect for possession of narcotics … /pp 5) Valid arrest? /pp Apart from any political or personal goals, the aboveScenario is almost a textbook setting for what the officials on an almost daily basis. Agreed? I guarantee that somewhere in this great state of Texas, that at least one person arrested under facts like these every day! Now, fast forward to trial … /pp The officer is evidence of the above facts, but in the direct examination of the prosecutor, the officer is adorned with a little about the story. In fact, the officer says, quot;Ya, I resisted the suspect when I tried tocreate his handcuffs. In fact, he pushed me in the chest, and where his hand to beat my sternum, causing pain. quot; /pp At this point, the officials said, to the elements, would that justify the submission of assault on a peace officer on the suspicion. But it is crucial to ascertain whether the facts of the resistance in the report? What about the pain? The violation? Not, when to trust me, it#39;s not happening. This is given the basic training that police officers in the Academy … Leave the details andare thoroughly carried out. Do not forget the facts. /pp So, what you may be wondering what this has to do to the officer? If the suspects are not convicted for drug possession, even if the resistance is removed from the charge or not logged on? Yes, probably … But I urge you to consider these to be, quot;Suspect convicted, or he should receive a harsher punishment from the facts now presented is based?quot; /pp Now I was on site to discuss the last question to go, but I do not … I want you to think about it. /pp Tosummarize what has happened here, the officer may be made only one error that may have caused the omission of the facts from the report, and if that is what has happened, that#39;s what he should have declared. Or he could have truthfully said that he did not remember the details, leaving the case alone … But above all, the official should not be improved on the facts of the case or with more details …. /pp Finally, do what the officer bring to the witness: Credibility? Integrity? AWillingness to protect and serve quot;? Or is it more of a desire to quot;win at all costquot; to? /pp I urge everyone reading this to consider, especially police officers, what it is that they are and why they work that they do … as an officer, I assure you, I care more about my credibility and integrity, as I desire to quot;winquot; to do a case. In the end it does not matter to me if the person that I will be arrested and tried. For me, what matters is that I did my job and that I am not against anyone elsesRights reserved. And what the person that I have to jail in a particular layer, that the person concerned is not sub-human … they just made a mistake … or they just been caught … But to lie or even stretch the truth a little … that an entire system of justice itself brings about the collapse … and brings the officer#39;s credibility, jeopardizing any case he has ever touched! /pp In the end, I am a Texas b lawyer./b I am also a Texas cop. And I believe that the system works if all partiesTo meet the system to their respective roles. But, I also am happy when I see someone taking advantage of his position or authority loses credibility and is dismissed or disciplined. Yes, I am a b defender./b Yes, I am a policeman. But first and foremost, I am an honest man to do the what is right and just after the right to consider and I urge others to do the same thing …. /pbrbr


Attorney Articles — prempcc on November 3, 2009@ 6:50 am

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