I asked a close friend of mine who is a police officer: “what would happen if I was arrested for drunk driving, but when they get me down to the jail, the blood test indicates I haven’t been drinking at all?”
He said that you would be charged (and probably convicted) for reckless driving; because at that point your car has already been towed; and if they let you go; they will be on the hook for the towing charges. He told me to call him if I was in that situation and he would come down and “walk me out” to avoid the charges but that I’d still have to pay the tow company. Imagine how it works for a minority who doesn’t have useful contacts in the government…
100% And if you go to court, the attorney in court will offer you a deal. Plead to reckless driving, you will get a small fine, a few points on your license and you get to walk. problem gone.
The only reason you are ever offered a “deal” is because they don’t have a case. If they had a case, they would run with it. Everyone should request a jurry trial.
The traditional Scottish system has three possible verdicts; Guilty, not guilty or not proven. (not sure how that effects double jeopardy)
We have different system than the US. A lawyer appointed by our equivalent of legal aide is a normal lawyer from a private firm. There is no pool of overworked legal aide lawyers . Legal aide is not free. If you own a house, a lien is put on it, to be paid when you die.
We have very few cases tried by jury. Usually be a judge only and usually (but not always) after a plea bargain. On reason for so few jury trials is the ruinous expense, win or lose.
A good idea to stay clear of courts and lawyers if possible. It’s expensive even to drawn up a will. After two rather complex wills, I finally came to my senses. My estate will be divide equally between my three siblings, or their estates if they predecease me.
One exception is our ‘small claims court’. These are claims for damages under $5000. No lawyer is needed.
" Not proven" means exactly that. The court may rehear the matter if new evidence comes to light. It is not “double jeopardy” but a sensible solution to a case, for example a body can not be found or the DNA is coinfused with two or three people, both have happened. The verdict is then open until the end of the new trial. **
In addition the The Crown Office and Procurator Fiscal Service (COPFS) is Scotland’s prosecution service. They receive reports about crimes from the police and other reporting agencies and then decide what action to take, including whether to prosecute someone. They also look into deaths that need further explanation and investigate allegations of criminal conduct against police officers.
Their remit is quite a bit larger than the average Western jurisdiction. The Procurator Fiscal Officers have a a large amount of autonomy and authority especially when dealing with Police Crime and Misconduct as well as pre-empting the Police in Murder investigation and other serious crime.
** Those who are regulars to this site know I will use this verdict to illustrate my opinion on the existence (or not) of the Jesus figure.
I never understood “law” before I entered my financial career. It turned out I have a flair for legalese and definitions and an ability to communicate and argue. Part of my job was teaching and translating our legal documents (what it actually means) to branches via courses and updating security manuals for collections, lending practices, etc (I always had to have a lawyer present when I taught because I’m not a lawyer). I learnt fast that the “law” can work for you when you understand it, and against you (fear) when you don’t (so you better choose wisely who you rely upon for advise).
Currently, I have a great lawyer for personal legal matters. A relationship I built for over a decade and it has come in handily for family matters. I also keep in mind that my perfect boys or myself may need to make a “one phone call” (unlikely, but possible).
I don’t have much “expertise” with criminal law, but it’s most likely full of levels and loopholes and definitions and standards for evidence. If anything is missed it goes against the “claim”. A criminal charge is a claim.
Definitions: (Now there is the key!) Nothing means what you think it means in the field of law. Looking for a definition can send one on a rabbit trail that will last days. And then there is current case law. LOL What a mess. A good legal researcher is worth their weight in gold.
I have three polices, same company for 45 years. Car, house and contents. I was pleased to learn recently that it’s most unlikely that there will be a flood anywhere near me. Tried to get coverage against floods years ago. They made it complicated and expensive, so I gave up, as I was supposed to. About 5 years ago I was informed that at flood damage is now include in my house insurance (no extra cost) So obviously, it’s most unlikely there will ever be a flood here. Can’t help but wonder how they’ve factored in climate change. Surely an Insurance company’s dream for an exclusion.
I have a list of discounts, due to loyalty and and dearth of claims. I’ve made three over the years. Two on the house; storm damage and I once set fire to the kitchen. One small claim on the car about 7 years ago when I backed into a bollard. No problem on any occasion.
Whenever I try to actually read the policies, and get lost after a few minutes. I’ll bet there’s an app which interprets legal papers.
Ah, a caveat: Using a do it yourself will kit can be a risk. I have a very simple will, as well as giving power of attorney to my two older siblings. Also have an Advance Care Directive***. $323 for the lot, and the lawyer came to my home. That’s her niche practice, which is called “Wills On Wheels”. She’s pretty slick, took about an hour and a half. .
*** In Australia an Advanced Care Directive is a legal document which sets out your wishes in case you become incompetent. I have one copy, so does my doctor and my sibs. Neither they nor a physician may override the directive. It helps me and my sibs don’t have to make some ghastly end-of-life decision.
possible).