Legal Question in Criminal Law in Virginia
Grand Larceny
A friend is in jail and charged with grand larceny. What are some questions I can ask her to help her establish a case? She wants to represent herself.
1 Answer from Attorneys
Re: Grand Larceny
First of all, you should not be trying to play amateur lawyer and help her "establish a case." She should not be talking to anybody except a licensed attorney about the case. This is because nothing she tells you about the case is confidential, and you could be called as a witness to testify: "Isn't it true she told you she committed the crime?" This is especially true since non-attorney jail visitors usually have to communicate with inmates through monitored telephones or censored mail. Second of all, it is not the defendant's burden to "establish a case." The prosecution has the burden of proving her guilt beyond a resonable doubt. Third of all, your friend is free to attempt to represent herself, but I would be surprised if she would be very successful or that this tactic would accomplish anything other than guaranteeing her conviction and increasing her punishment.
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