So in order for anything you said to be used at the trial (make sure you object if they try to use any of it), the prosecution would have to ask for a voir dire, which is a mini trial where they will specifically look at the situation in which you gave your statements. In this case, everything you said above is good to prove that you thought you HAD to answer his questions and that you did not volunteer the information.maxsaif wrote: ↑Aug 9th, 2017 10:37 pmOkay, thanks. I got the Disclosure form ready to go. I also plan to ask for an Interpreter for the trial so I am able to communicate fluently without any hiccups thinking of the appropriate word in English, and understand the process in my own language.
Regarding my statement..
Yes, that was the exact question, he wrote down the actual questions and the actual answers in quotes.
"how many motorcycles do you own"
"how many helmets do you own"
"who rides the motorcycle"
"who has a motorcycle license"
I don't believe the session was audio/video recorded when he took my statement in the room. But I was initially so shell-shocked when he pressed charges and I felt he was manipulating that to get answers out of me. He never mentioned that I can walk out anytime if I wanted to. I wanted to get out of the situation and requested legal help multiple times, and he just gave an answer to suggest it will all come after he is finished. Inadvertently, it made me feel he would provide me what my options would be and that I HAD to stay and let him finish his part of the job.
Now, After he got my statement, I didn't want to sign it, I raised doubt that I was not comfortable signing it. He raised his voice in order to get compliance from me and get it signed. I felt very intimidated by that. I felt I did not have the choice to walk out. Eventually, I recall him giving me a brief overview of what would happen next, and that I can "Google" to find legal help.
I am willing to say all this during the trial if all these points count as - improper methods by the Officer to gather defendant testimony, and if it will get the proceeding out.
I have looked over your links. I will have those written up for the Trial date - so I can refer to it when needed.
In any case, are you sure if they CANNOT prove who was riding the motorcycle at the time, the charges would ALL be dropped ?
Can they still charge the OWNER for the offenses ?
For the Summon Date in September - Do you have any tips ? Is it possible to have it all dropped that day itself by speaking to the Prosecutor.
What should I discuss with them and NOT discuss with them (besides NOT testifying against myself).
A few things I wanted to discuss were:
-Are they charging me as the OWNER or DRIVER (and if so, what proof do they have).
-Question the validity of 3 photographs that are coming from a private source (possible inadmissible or incomplete evidence as it doesn't say the whole story).
-Should I discuss these points of my defense (am I risking it by giving them a headstart on my own defense so they can prepare against it for the Trial)
or Just ask the question about Charges against OWNER or DRIVER and ask for a Trial date and leave ?
At the summons date you can try to get the prosecutor to drop the charges by telling them that they can not prove who was driving at the time. You can say that you did not admit to being the driver, and that you are under no obligation to tell them who was driving at the time, and that if they can not identify the driver then the charges must all be dropped. Remember that you do NOT have to answer ANY questions the prosecutor or officer ask you about the incident.
If they can not prove who the driver was, then NO they can not charge the owner. All these charges are against the DRIVER and I do not see any variations on them that allow them to charge the owner at all anyways. If you read each of the charges, it does say specifically DRIVER or OPERATOR and says nothing about OWNERS, so all these charges are against the DRIVER.
I would not worry about the photographs at all at the summons date until you get to a trial date, at which time you could then try to get them thrown out. The only issue you want to talk about is the DRIVER issue... the prosecutor may not agree to withdraw charges as they may think that they can use your statements at trial, but that is okay just say "Ok so I plan to plead Not Guilty then and would like a trial date and here is my disclosure request."
And remember, even it goes to trial, the witness themselves needs to show up to testify otherwise the charges need to be dropped. The witness and officer do NOT need to be at the Summons date though, so you will not see them there.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.