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HTM

So you got arrested, then..

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HTM
Posted (edited)

At the Police, 100%guilty or 100% innocent
My advice to you, shut up!! Shut F.. up!!
Don't answer! Not even your name!
Don't sign anything!
Don't write down anything!
Don't bring or get your Pass Port/ID!

Default Reply:
"It will be up to my lawyer to answer"
If they ask who your lawyer is:
"It will be up to the case you file at the prosecutor"

For after the Police file at the prosecutor, the police is totally out of the picture in your case.
And whid NO info from you, they have problem whid the case they make to the prosecutor.

 If you have a good lawyer or a friend, contact him ASAP, but Shut the F.. up!! to the police

Article 3, Section 12 of the Constitution:

Quote

Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice.
If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.

 

 

Edited by HTM
The Constitution
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Enuff

Best advice ever!

Sent from my CPH1819 using Tapatalk

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Woolf
Posted (edited)

This is from a post I made December 28, 2017

 

I do not understand why anyone would sign that waiver

 

http://www.sunstar.com.ph/davao/opinion/2015/05/13/lee-what-preliminary-investigation-407269

  Quote

Lee: What is preliminary investigation?

Wednesday, May 13, 2015 By KELVIN LEE

MOST people believe that once you file a criminal complaint, it automatically goes to court. However, this is incorrect. What actually happens when you file a criminal complaint is that it first undergoes preliminary investigation before the Office of the Prosecutor. What is preliminary investigation? It is an inquiry or proceeding to determine whether there is sufficient round to engender a well founded belief that crime has been committed and the respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112, Rules of Criminal Procedure). Preliminary Investigation is required for all offenses punishable by imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine, except if the accused was arrested by virtue of a lawful arrest without warrant. In such a case, the complaint or information may be filed without a preliminary investigation unless the accused asks for a preliminary investigation and waives his right under Article 125 of the Revised Penal Code. (See J. Sabio Primer Review-Criminal Procedure, p. 55-56) Now, what is the purpose of a preliminary investigation? According to Justice Sabio, a noted expert in criminal procedure, some of the purposes of a preliminary investigation is: (i) to protect the accused from the inconvenience, expense and burden of defending himself in a formal trial unless the reasonable probability of his guilt shall have been first ascertained in a fairly summary proceeding by a competent officer; (ii) to secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble expense and anxiety of a public trial, and to (iii) protect the state from having to conduct useless and expensive trials. (See J. Sabio, Id., p. 56) The scope of preliminary investigation is merely inquisitorial and it is often the only means of discovering whether the offense has been committed and the persons responsible for it to enable the fiscal to prepare his complaint or information. It is not a trial on the merits and has no purpose but to determine whether there is probable cause to believe that an offense has been committed and that the accused is probably guilty of it. It does not place the accused in jeopardy. (Id., p. 56-57). The typical process is that a complaint is filed before the office of the Prosecutor, then the respondent is given copies of the complaint and an opportunity to present his counter-affidavit, evidence and defenses. Thereafter, the Prosecutor, after a period of time, will resolve and either dismiss the case or file an information before the court, which would then initiate a criminal trial, the issuance of a warrant of arrest, among others. This is a simplistic summary of a preliminary investigation of course, but it gets the point across. Clearly, a preliminary investigation is an important proceeding. It helps determine whether or not a criminal complaint will proceed to trial. But, as mentioned above, its most important function, in my opinion, is that it will “secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble expense and anxiety of a public trial.” **** The opinions expressed herein are solely of Atty. Lee. This column does not constitute legal advice nor does it create a lawyer-client relationship with any party. You can reach Kelvin through his office at [email protected] 

Edited by Woolf

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cricketyz

Should just contact jollibee for food delivery to thr police station and police will relax while they let you talk what happened but never say "because of you" or something that will trigger them that they'll get in trouble. Best to just first shut up and politely ask if you can contact food delivery so we can have a descent conversation while eating.

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RangerUp
Posted (edited)
4 hours ago, HTM said:

At the Police, 100%guilty or 100% innocent
My advice to you, shut up!! Shut F.. up!!
Don't answer! Not even your name!
Don't sign anything!
Don't write down anything!
Don't bring or get your Pass Port/ID!

Default Reply:
"It will be up to my lawyer to answer"
If they ask who your lawyer is:
"It will be up to the case you file at the prosecutor"

For after the Police file at the prosecutor, the police is totally out of the picture in your case.
And whid NO info from you, they have problem whid the case they make to the prosecutor.

 If you have a good lawyer or a friend, contact him ASAP, but Shut the F.. up!! to the police

Article 3, Section 12 of the Constitution:

 

Is your first line "At the police station"?

Edited by RangerUp
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Kabisay-an gid

I agree completely with remaining silent, not signing/writing anything, and getting a good lawyer ASAP.

But I see no problem with showing them your passport. If you're suspected of a crime, they'll be more than happy to hold you until you're identified. 

Also, any lawyer you wish to hire will want to know your identity also, before agreeing to represent you.

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Dafey
4 hours ago, Enuff said:

Best advice ever!

Sent from my CPH1819 using Tapatalk
 

Great advice, yes. Best advice...don't get arrested!

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Goetz1965

Seems you guys are well experienced already ... Lol

So what I understand is - stay silent and dont sign anything unless your lawyer arrives.

BUT - is police allowed to detain you until that happens - or do they have to let you go ?

I mean - I dont know any lawyer here - and my gf also - so it will take a while until she would find one to get me out of a police cell - that way what is the best way to avoid getting detained for some time ? (And its not to pay a ransom)

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Salty Dog
1 hour ago, Dafey said:

... Best advice...don't get arrested!

:ditto:

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Jawny

With regard to the length of time police can hold someone, I’m sure there are LinC members who will offer opinions and advice.  However, there are some incidents (check the l8nc archives for discussions) where foreigners were held so long their visa had expired and the BI wanted their fees even when the individual was held and released without being brought to trial. 

It doesn’t take a lot to find yourself behind bars, just based on an accusation. The bars may not even be the police bars as the BI also has holding cells to use as individuals are being investigated and processed for being undesirable aliens.

Criminal defense attorneys are not particularly hard to find.  Usually offfices are close to jails and courthouses.

 

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Mikal
8 hours ago, HTM said:

At the Police, 100%guilty or 100% innocent
My advice to you, shut up!! Shut F.. up!!
Don't answer! Not even your name!
Don't sign anything!
Don't write down anything!
Don't bring or get your Pass Port/ID!

Default Reply:
"It will be up to my lawyer to answer"
If they ask who your lawyer is:
"It will be up to the case you file at the prosecutor"

For after the Police file at the prosecutor, the police is totally out of the picture in your case.
And whid NO info from you, they have problem whid the case they make to the prosecutor.

 If you have a good lawyer or a friend, contact him ASAP, but Shut the F.. up!! to the police

Article 3, Section 12 of the Constitution:

 

Broadly speaking, not answering questions until you have, and have spoken to your lawyer is probably good advice in my opinion.  But to me it's also important to remember that taking legal advice from anyone that is not a qualified attorney can be equally as bad as trying to talk your way out of a situation.  But then, I'm not a qualified attorney....

http://www.pnp.gov.ph/images/manualsandguides/Know-Your-Rights.pdf

There are worse starting points than the above I think.  As always plenty of ambiguity, and how things actually play out in reality will vary.  Same as in most countries, just to different degrees.  

Good to have some basic knowledge, but might be best to leave the interpretation of any specific situation to someone as qualified as possible.

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Jawny

Ive had several different encounters with the PNP and local police.  Car accident, right of way violation, gun issues and more. In each instance, talking directly, sans attorney, was the most reasonable way to engage the authorities and others.

On one occasion,  I came the closest to being apprehended, but common sense and direct talking was the best choice....again, sans attorney.

In a store parking lot, just off a busy road, I had moved too close to someone.  My car touched the person.  I wouldn’t say "hit" as the touch was a more appropriate description.

Of course, the person being touched saw it differently (or there’d be no story).  The person had two choices.  Accept my immediate and sincere apology and move on.......or go with plan B.....complain.

The story could be long, but the short version is we ended up at a police station.  Here is where the need for a lawyer could have been important.  I opted to simply speak for myself and explain what happened. The body language and small crowd that appeared gave me confidence I had handled the situation correctly. 

The other party was clearly in the mood for payback for whatever sort of issues experienced with other Kanos. The police were calm, took notes for their blotter report and the matter was settled right there.  The other party was going to get an exam of the injured limb....which by now the police had already examined....or rather went through the motions.

A sum of ₽2000 was agreed was enough for the exam. 

Blotter report made, both parties signed, issue resolved 

I am convinced tat getting a lawyer (for more than ₽2000 is my guess) would have been a mistake. This would have suggested, in my view, that I considered what I had done as a form of assault.  I could have been charged then and begun the process of investigation etc. in effect, the situation would have been escalated when a lawyer got involved  

Money often works to soothe bad feelings.  

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HTM
5 hours ago, Kabisay-an gid said:

But I see no problem with showing them your passport. If you're suspected of a crime, they'll be more than happy to hold you until you're identified. 

Also, any lawyer you wish to hire will want to know your identity also, before agreeing to represent you.

 

In the Sunstar and other news, they going to use your full name and info. If they don't have your  ID it's no reason for police to postpone the case. Less info, less they can give to the prosecutor...
You really don't need a lawyer before the police have filed your case at the prosecutor.

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HTM
3 hours ago, Jawny said:

It doesn’t take a lot to find yourself behind bars, just based on an accusation.

 

That's in most of the cases, the Police normally have a written complaint from some before they do anything.

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HTM

If you are guilty and its good evidence, have your lawyer make a deal whid the prosecutor for you to plea guilty to a lesser offense, not the Police!

Less time in prisson and you saving mone on your lawyer fee

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