Legal Question in Criminal Law in Florida

is it a confession

My husband was driving another person's car , the person's boyfriend was also in the car as a passenger. They were pulled over by FHP for and this is on the police report''what appeared to be a inoperative tag light''. there was no ticket issued for that but they searched the car and found drugs, but this is the kicker..they did not find it on my husband but in the polcie report they have him as owning up to it???His lawyer advised me that he was going to file a motion to surpress based on the wording of the police report ..even the judge that heard his motion for a bond reduction suggested the motion to surpress and stated that he would even make an early place on his calendar does that sound favorable and what factors are entailed in proving there was no probable cause?

Thank you


Asked on 8/31/06, 9:38 am

1 Answer from Attorneys

Stephen Cobb Cobb Criminal Defense Law Firm

Re: is it a confession

You have asked a very good question. Here is the answer you will not like, but is the absolute truth about the case at this point: Maybe.

Here is why: The case suggests multiple attack points, legally speaking. Some are non-jury issues which would be resolved by a judge, others are factual issues resolved by a jury.

That being said, I will now tell you a couple of the most damning things in our criminal justice system.

First, the truth does NOT matter - what people believe is the truth is what matters. What the judge believes, what the State believes, what the jury believes, these things are what matters. Why? The truth is actually what someone believes. To confirm this, just sit your local islamic cleric, fundamentalist christian pastor, and ultraorthodox jewish rabbi down and ask them what happens whey people die: You will get three versions of the truth.

Second, lawyers need information in order to give a definitive legal opinion - they need to know their client's version AND the government's version in order to make a judgment call on what they believe the proper course of action will be. Of course, a lawyer could always tell you that they can 'file a motion,' yet I can sue Satan for causing misery and get a default judgment for millions of dollars because Satan's lawyers rarely show up for court. Will I collect? To be rather blunt, hell no. Therefore an honest, and frank analysis of the case requires a full and complete intake interview, a review of the government's evidence, and an analysis of what the judge, a jury and even the State attorney will believe is in order.

Finally, there are two ways to handle a criminal case - the correct way, and every wrong way on God's Earth.

I would suggest the correct way.

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Answered on 9/01/06, 1:22 am


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