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I am sorry but you are both wrong, it is clear that you are not trained to give advice to any one about this, or you would understand that the status of legal representation is that which the law describes as a "legal friend", and not only may he be present and represent his friend but he may also, if the case reaches court, also represent him and question witnesses "through" him, if he chooses not to have a lawyer present during the trial, "£every one is entitled to legal representation" is not a phrase that means "only" lawyers, may represent anyone in law, I would advise him however, that his friend must understand that the police for all there supposed neutrality in this matter, do have a tendency towards what is called "confirmation bias", that is they respond as if they, were the ones who decide whether a suspect is guilty or not, and instead of asking questions that seek to answer the question "what is the truth here?", they tend to ask questions that answer the question, "how do we prove that this person did it, ?" , it may seem subtle in the differences, but in practise unless his friend understands what is going on, it would best be answered with the phrase, "I will not answer any questions put to me, until I have talked to my representative in law" or simply put, "get me a lawyer"
There is one area in particular, that is fraught with problems and should always have a lawyer present, that of rape allegations, at present, many women, in particular are insistent that the law should be "feminised", in practise, i.e. the balance of proof should be tilted toward the defendant, to prove their innocence, because "enough men are not convicted at trial", ( the presumption being, that if men are cleared by a trial they are still mostly guilty), this is a really serious problem for justice, for any man, to find that they are, themselves held to standards, that women are not, and moreover because they have no right to anonymity, it may result in their "trial by newspaper" and which one of those reports on a finding of innocence ?, when a case is over, unless this is a high profile and salacious case.
Even years later a man may be considered a rapist, because no one ever read about him being cleared ! , and while I am on the subject, do you know how many cases there are where the accused is actually cleared by physical evidence ? the answer.... 40% of all rape allegations are PROVEN to be wrong, by the physical evidence, not by the absence of evidence, but by it's actual presence !!!
( yep, thats right, funny that the feminists are never heard stating this fact, surely feminism should also nean that men are treated fairly ,if the argument is one that says women should be treated the same as men in life ?)
Lastly, never choose as a "legal friend" any one who may be called to give any evidence in a hearing related to the case in question.....
AND ONCE YOU SAY THAT YOU WANT A LEGAL REPRESENTATIVE, BEFORE YOU ANSWER ANY QUESTIONS,
THE POLICE MUST NOT QUESTION YOU ANY FURTHER,
UNTIL THAT REPRESENTATIVE HAS SPOKEN TO YOU,
OR MORE ACCURATELY, IS IN YOUR PRESENCE, SO SAY NOTHING TO THEM, UNTIL HE OR SHE ARRIVES
Believe me on this, the police are anxious to convict, and even an innocent comment can be misinterpreted, at later date, to your cost, so don't talk, even a little "cosy chat", to pass the time, The only thing you reply to, is would you like something to eat or drink ? and that is all, every thing else is, "no comment"
So ,yes you can but be careful, you are up against people that are doing this sort of thing daily, and start by not believing in the fact that being innocent will clear your friend, Rumpole would have had a real laugh at that one, and so will the policemen in the locker rooms afterwards, there is ample evidence that the conviction rates for innocent people, may be represented by as much as 20% of all people incarcerated, in jails worldwide, and the real villians are underepresented in prison, because they know the consequences of dealing with the law only too well, that is why they get the best lawyer and barrister they can afford, it is after all a business expense to them.....and you can bet your bottom dollar that they put it down as one, it is tax allowable and deductable as an expense, before they declare profits for tax assessment, if it is paid for by a business and not by an individual, ( just another way in which capitalism does not work for little people ), |
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