Austin Justice: Recent Comments

Comment on Unsolicited Feedback

2010-01-10T06:42:01Z

:-)

Comment on Public Apology Form

2010-01-10T06:20:54Z

Excellent, I plan to use them.

Comment on Lessons for Trial Lawyers from Supreme Court Practice

2009-11-26T00:09:41Z

Thanks for linking to our current issue and the "Don't Poke Scalia!" piece. We hope you'll visit the website to see what else we have published since our May 2008 debut online. All free. Meant to improve trial skills and enhance litigation advocacy. Just go to the website to see our current issue and then click on Previous Issues under the logo to see what else we've got. Thanks again for linking.

Rita Handrich, Editor
The Jury Expert

Comment on Lying Cop

2009-11-08T17:23:47Z

I can't answer that question for you. It depends on how important it is to you relative to what you can afford.

Comment on Lying Cop

2009-11-08T16:36:40Z

So I should just pay the ticket and get over it?

Comment on Lying Cop

2009-11-07T19:41:42Z

To paraphrase your questions:

1) How do you try to persuade a judge / jury / prosecutor to believe the defendant instead of the lying cop?

Answer: There is no simple one-size-fits-all answer to this question. It will completely depend on the facts and circumstances of the particular case and the strengths of the individual attempting it as well as the quirks of the specific judge / jury / prosecutor you're attempting to persuade. Even for an experienced and knowledgeable criminal defense attorney, it's an uphill battle and sometimes impossible.

2) Any suggestions of what I should do?

Answer: Yes, hire a good criminal defense attorney. That doesn't guarantee that you'll win but will maximize your chances. You should understand, however, that a good attorney may cost significantly more than just paying the ticket. You have to decide how much the principle of the thing is worth to you and whether or not you can afford to put up a really good fight.

Comment on Lying Cop

2009-11-07T17:46:21Z

I have a question?
How do you try to persuade the judge to actually believe the defendant instead of the cop when it comes to an my word against the cops word situation. I went to court recently and the cop made up this whole fabricated story and the judge fell for it, there was no circumstantial evidence in her report, she made the whole thing up and got away with it. What really made me upset and not let this go because she smirked at me when she left the court when the judge said I was guilty. I feel like I was out numbered and my word meant nothing because she was an caucasian judge and a blonde cop, against a black female. I had no reason to lie under oath, she did and got away with giving me a bogus ticket that i refuse to pay for. I got pulled over for not having my turn signal on in a left turn only lane ,I could only turn left. She's a lying cop and Im filing an appeal. Any suggestions of what I should do because she added a bunch of lies in her report that didn't even take place and the only circumstantial evidence that she would have against me is if she brought proff from the camera in her police car.

Comment on DNA Contamination

2009-09-13T09:48:44Z

There is no question that DNA testing is very sensitive and very specific. The most important question now is - HOW DID THAT DNA GOT THERE ? Gary Leiterman was convicted of murdering Jane Mixer which happened in 1969. The DNA of a John Ruelas, who was 4 years old in 1969 was also found together with that of Gary Leiterman's DNA in the specimen from Jane Mixer. See link -http://www.garyisinnocent.org/web/CaseHistory/NewDNAFindings/DNAisNOTFoolproof/tabid/59/Default.aspx

Comment on Lying Cop

2009-09-08T16:19:11Z

The ability to exercise one's constitutional rights in subsequent court proceedings is supposed to be the remedy when someone is wrongfully arrested on the word of a lying cop. In my view, every responsible citizen should make up his or her own mind as to whether that's actually an adequate remedy. I would argue that it's not. By law, every defendant is entitled to the presumption of innocence but in my experience, most players in the criminal justice system actually operate under the assumption that cops tell the truth and defendants are guilty.

Comment on Lying Cop

2009-09-07T16:15:21Z

I didn't really have gone through such a situation so cops lying about real facts it's something new to me. How do they get away with it? Shouldn't someone verify their statements to see if they are correct?