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Porsche Streer Race Hit & Run Florida

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  #31  
Old 02-18-2009, 09:52 AM
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In my opinion, or justice system should search for the truth, not try to obfuscate it like you criminal defense lawyers do. You want people to "tell the truth, the whole truth, and nothing but the truth", but you aren't even trying to do the same yourself. Hypocrites !
 

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  #32  
Old 02-18-2009, 10:10 AM
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All you can do as the defense attorney is make sure your client keeps his mouth shut-not only with the police, but with every other potential snitch he may have contact with. If you do your job right, you may be able to convince the prosecutor either not to file against your client or to go easy because the case may not be as prove-able as first thought.

BTW, this all assumes the cops don't F everything up, which sometimes happens.

And this my friends is what is wrong with this country. It would be a breath of fresh air if your post read:

All you can do as a defense attorney is remind the guy he killed two people street racing and he needs to TAKE RESPONSIBILITY FOR HIS ACTIONS. Then try to get him the best possible SENTENCE.
 
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Old 02-18-2009, 10:19 AM
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You're on point $manager. We only like defense attorney's when we need them.
 
  #34  
Old 02-18-2009, 10:22 AM
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Whoever owns that Porsche is f'd up. If you can afford such car then why not spend extra $$$ to race legally and safely in a race track.
 
  #35  
Old 02-18-2009, 10:42 AM
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I'm not just saying this because they are fellow brits, but I seriously hope both drivers get strung up both of them... I honestly don't know how they could live with themselves... as someone mentioned, left wives and kids behind... honestly sitting here with a lump in my throat.
 
  #36  
Old 02-18-2009, 10:43 AM
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Originally Posted by MTheory
I spent 12 years in Broward County both as an Assistant Public Defender and with my own private practice. I've had my fair share of "hit and run" clients who came to me after abandoning their cars and while the cops were still looking for them. I suspect that a criminal defense lawyer has already been contacted and has spoken to the lead traffic homicide investigator for the Broward Sheriff's Office along with one of the Assistant State Attorneys assigned to do these kinds of cases. From the defense point of view, the goal is to insulate your client (the owner) from making any statements to anyone. Just because the client is the owner does not mean he was the driver, and proof beyond a reasonable doubt in front of a jury does not lend itself very well to "probably" scenarios in these kinds of cases. The State has to prove the owner was the driver, and sometimes that may not be so easy. I would probably take my client to a respected polygraph examiner before I even called the police. If he passes a poly, this will take some of the pressure off when you hand the results over to the prosecutor. (Even though poly's are inadmissible in court, they carry weight in the filing decision with prosecutors.)

The police have many tools in their arsenal. Probably the most direct proof will be DNA processing of the interior of the car, especially the steering wheel and transmission shifter or paddle. Every touch leaves epithelial cells which will result in an ID of someone who touched the surface. If those cells belong to the owner, that's tough to counteract. Especially if there are no other person's cells on the wheel (which is probably the case with most our cars, RIGHT?) Another option is cell phone tower tracking. I've always found that right after one of my clients commits a serious felony, they get on their cell phone and tell someone about it. The owners cell can be tracked by the phone company by triangulating the 3 cell towers which handled any calls. If there was a call made within a few minutes of the accident from a location near the accident from the owner's cell phone, the evidence begins to pile up. All you can do as the defense attorney is make sure your client keeps his mouth shut-not only with the police, but with every other potential snitch he may have contact with. If you do your job right, you may be able to convince the prosecutor either not to file against your client or to go easy because the case may not be as prove-able as first thought.

BTW, this all assumes the cops don't F everything up, which sometimes happens.
GREAT post.

Of course internet posters are used to a 24 hr information cycle, and the concept that an ID isn't on-line within 12 hours are frustrated. We've already tried this case and determined the owner is guilty of murder.

What if it was the owners nephew? or daughters boyfriend?

It will take time, but as MTheory points out, collection of evidence will create a pretty tight picture. This isn't CSI. Understading the 'connections' between all parties will take investigators time, and then collecting evidence on these secondary suspects- admissible evidence- will proceed.

The investigators need to ID the second car, see if they can get that driver first without any deals, then perhaps with a deal...

We'll know if a few weeks.

Lets hope the cops don't F it up.

A

PS IMHO, this isnt a thead about what is wrong with our legal system... knowing what is transpiring behid the scenes is vital to understand why we see so little in the press.
 
  #37  
Old 02-18-2009, 11:09 AM
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Mtheory:
Would you or any lawyer do the same that you described if a **** ran over, killed and left to die 2 of his/your own family members??
 
  #38  
Old 02-18-2009, 11:29 AM
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the newspaper mentions it as a gt2, yet it looks like a turbo. I wonder if it was a rebadged turbo as a "gt2". There cant bee too many white 997TTs with a gt2 wing, aftermarket wheels, and a gt2 badge. I'm sure someone on 6-speed in this area knows the owner. While the ethics of the defense lawyers might ruffle some feathers, that member was just posting how things actually work. While I might not be happy with that process if I was involved on the victims side, I appreciate you being candid about the process.
 
  #39  
Old 02-18-2009, 11:39 AM
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Originally Posted by MechanicalEng
Mtheory:
Would you or any lawyer do the same that you described if a **** ran over, killed and left to die 2 of his/your own family members??
Lawyers have no conscience so don't expect much of an answer. They can justify any thing as long as they get paid and can manipulate who they want. Regular people are sick of these vultures.
 
  #40  
Old 02-18-2009, 01:21 PM
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Time out guys...

I think you're ALL missing the point here. A "defense" attorney is HIRED to "defend" YOU, their CLIENT. A defense attorney is NOT hired BY YOU to HANG YOU.

Now, before some make silly comments like "what if it were your family... ", I'm not arguing the pain and suffering that the loss of life will certainly cause to those left behind. What I AM saying is that it is important for everyone of us to understand the roles played by each and every part of the legal process.

"Cops" do "F" it up, not every time, but MANY times. I'm not going to speculate that the drivers involved were or weren't drag racing.

I have a nephew who was in the passenger seat of a car that was stopped for "racing" when they simply pulled out of a stoplight "quickly". The driver was arrested on the spot and spent the night in jail. Cops "often" get it wrong. And so do "eye witnesses".

I once had a cop arrive at my residence when I lived at a subdivision. A neighbore called and said I was "racing around the subdivision. My car was up on jack stands and I'd been doing track day prep on it... It hadn't been off the stand in 24 hours, but the cop showed up ready to write me a ticket and only backed down when I showed HIM MY badge.

Lets remember that everyone wants to quickly jump on the bandwagon and hammer lawyers, until we need them. Then we want to hammer the "Class" system we live in because the best attorneys often can only be had by those who can afford them. There's a reason we have attorneys in this country, and I'll be very HAPPY to pay when I "need" one. My guess is, YOU will too!

And if you're guilty of street racing and killing someone, my guess is the "truth" might come out in court, based on the evidence, which is generally what matters most. If the cops do their job, and they keep proper accounting of evidence, and proper records, and the proof is there, no attorney will get you off. They might "broker" on your behalf, which is again the relationship you have with them. But to "assume" that a defense attorney should "make you hang yourself" is laughable, at best... Back to reality.

Mike
 
  #41  
Old 02-18-2009, 01:33 PM
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Originally Posted by landjet
Lawyers have no conscience so don't expect much of an answer. They can justify any thing as long as they get paid and can manipulate who they want. Regular people are sick of these vultures.
so if you were the one who has hit a person with a car,you would just "take responsibility",give up your life and future and go to jail without contacting a lawyer who might be willing to help you?

the next thing is :

a lawyer who is defending someone is defending him as good as he can without bringing in personal thoughts/opinions on the special case.
The best result for the lawyer is to achieve what the client asked him to do.
So...it`s a job...any murder or rapist or who - ever has a lawyer defending him

btw,I`m not saying that this is alway good,but it`s a basic right that everyone has
 
  #42  
Old 02-18-2009, 02:04 PM
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Let's let the system work and hope it does. Innocent until proven guilty is a right I cherish.

I hope the guilty people are caught and face serious penalties once proven guilty in court.



JB
 
  #43  
Old 02-18-2009, 02:56 PM
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so if you were the one who has hit a person with a car,you would just "take responsibility",give up your life and future and go to jail without contacting a lawyer who might be willing to help you?

You are right, I would step up and take responsibility. I would hire a lawyer to help me with sentencing, but my friend, if I killed two people with my car I would step up to the plate and take full responsibility. If that meant "giving up my life" then I'd consider it an apple for two apples, in which case I got HALF the sentence I should have. I'll say it again, responsibility for your actions, purely and simply.
 
  #44  
Old 02-18-2009, 05:44 PM
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I think you're missing the point...

I think it's the "right answer" to say "I'd take full responsability", and most of us would (I'd like to think). And ANY "attorney" would respect your wishes and provide appropriate legal guidance based on your "desire".

However, there are a number of "GOOD" reasons why "defense" attorneys are in business. Sometimes they're "required" to protect you from "the system".

And no, I'm not a bleeding heart liberal... Hell, I'm not even a democrat!
Mike

Originally Posted by $manager
so if you were the one who has hit a person with a car,you would just "take responsibility",give up your life and future and go to jail without contacting a lawyer who might be willing to help you?

You are right, I would step up and take responsibility. I would hire a lawyer to help me with sentencing, but my friend, if I killed two people with my car I would step up to the plate and take full responsibility. If that meant "giving up my life" then I'd consider it an apple for two apples, in which case I got HALF the sentence I should have. I'll say it again, responsibility for your actions, purely and simply.
 
  #45  
Old 02-18-2009, 05:45 PM
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First let me say I don't take any of the above comments which are intended to be insulting to lawyers in general and me in particular personally. Through the years I have heard worse than this about the role of the criminal defense attorney in our society. The intetesting thing is, this hit and run is a relatively moderate case with respect to the "outrage" factor. Obviously, what occurred is a horrible tragedy, but remember, the perpetrator did not set out to kill anyone when he stepped into his/her car that night. On the other hand I regularly represent people who are accused of premeditated multiple murders, sexual assaults upon children under 5 years old, torture slayings of beautiful co-eds, and even the worst of the worst offense known to man: Attempting to get back some sports memoribilia from two friends in a cheap Vegas casino.

If you want to get angry at me because of my profession, at least pick a case with some real malfeasance involved, not two unintentional homicides which were apparently part of a spur of the moment street race.

As for "taking responsibility" . . . Great idea! It would really be great if the justice system really was a search for the truth. Unfortunately, this is the real world. This is the world where politically motivated ambitious prosecutors will use criminal defendants as stepping stones in their careers. This is the world where prosecutors withhold exculpatory evidence to assure a "win". This is the world where elected judges will impose decades long draconian sentences, not because they are deserved, but because they will make good reading in their next election flyer. This is the world where defense lawyers for other defendants will take any opportunity to lay all the blame on you, and obtain probation for their client turned state witness while you go to prison. How about the prosecutors who have the jail move you into a cell with a snitch, who will befriend you and tell you he can help you defend your case, all while planning to call the prosecutor once he has enough information to destroy you (whether or not this information is true). So you see, I could go on and on explaining how "the truth" and "taking responsibility" are in actuality a steaming pile of horse**** sold to us by total crap shows like CSI and Law & Order.

For those of you who tried to explain how the justice system really works, thanks for trying.

As for whether I would feel the same or defend anyone who harmed my own loved ones, obviously not. In the same way that doctors don't operate on their own families, I don't get involved in cases where I have a personal stake. Can I answer any other questions?

I guess my original post started this whole debate and I'm sorry about that. I'm here to forget about work and read and learn about cars like my GT2. I'll be happy to forget the whole thing and put on my enthusiast hat again. OK?
 

Last edited by MTheory; 02-19-2009 at 02:30 PM.


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