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To: oldfart
I'm assuming by your post that you are not an attorney.

I am an attorney and would also tell my clients never to talk to the police. If you are the target of the police they are talking to you for one reason only and that is to collect evidence to be used against you. One has no obligation to talk to the police - ever. A police station is not a court of law.

The way to smoke out a bluff regarding a fifth amendment assertion is to grant limited immunity from prosecution for any offenses that may arise due to the answer given. Once immunity is granted, you must answer the question or will be in contempt. If you assert the fifth without any reasonable basis for doing so, you will also be in contempt. Whether there is any reasonable basis can be decided by the judge and attorneys in chambers.

55 posted on 12/15/2008 6:47:38 PM PST by KevinB (John McCain is to the Republican Party as James Taylor is to the the Rock and Roll Hall of Fame)
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To: KevinB

No, IANAL, but even I know that it would be far better to soak up a contempt charge, do a few weeks and walk rather than say something that might get you a whole lot worse. A good attorney could, should and probably would advise his/her client about how to proceed but it’s just advice and it doesn’t have to be heeded. As an attorney, I’m sure you’ve had clients who weren’t completely forthcoming about all the possibilities that might arise in the oourse of the case. A client might very well be less fearful of the certainty in front of him than the possibility down the road.


56 posted on 12/15/2008 8:44:16 PM PST by oldfart (Obama nation = abomination. Think about it!)
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