Mr. Crook’s Legal Experience: Advice from a Defense Perspective Elizabeth Hall Kaplan University Criminal Procedure CJ227-05 Charee Underwood 8.10.2010

The police discovered the BB gun under Mr. Crook’s bed. The Case After a brief conversation, Mr. Crook is advised of the attorney client privilege that guarantees that our conversations are kept confidential. After this privilege is explained, Mr. Crook begins to tell his story… The Facts: Mr. Crook admits to the robbery of the gas station and the taking of approximately $130.00 the previous night with a BB gun that appears to resemble a real gun. The station attendant probably got a good look at Mr. Crook, as he was not wearing a mask. This morning the police went to Mr. Crook’s use, where either his 13 year old nephew either let them in, or they may have forced their way in. The police discovered the BB gun under Mr. Crook’s bed.

Police Identification of Suspect Explanation for Mr. Crook I would advise him that…. Police procedure would have them interviewing the gas station attendant immediately at the scene of the crime. Lots of gas stations have video surveillance, and since Mr. Crook was not wearing a mask could have been identified. When they interview the attendant, he would have been able to provide a sketch of Mr. Crook.

Police & Search Rights Explanation for Mr. Crook I would also advise him that…. The police obviously have identified you as a suspect because they had to get a warrant to search the house. That a 13 year old individual is not allowed to give consent to a search in any areas but the common areas of the house, so the inadmissibility of the BB gun due to consent is our only real defense

Pre-Arrest Advise Explanation for Mr. Crook I would also advise him that…. Since he has not been arrested, and if he is arrested, do not talk to the police or anyone about the matter. Let them talk to me. He is facing a Class B Felony charge of robbery in the first degree. Also known as armed robbery. The fact that it was a BB Gun does not matter because he portrayed that it was a real gun, it looked like a real gun, and that he would face the full effect of being armed with a deadly weapon.

Post-Arrest Advise Explanation for Mr. Crook I would also advise him that…. Law Enforcement will arrest him and bring him to the police station for booking. If his rights have not been read to him before now, he will be mirandized during the booking procedures. He will be searched, fingerprinted, and documented here. They will take a picture of him and any tattoos or markings he may have. It is at this point he is entered in the system

Post-Arrest Advise Explanation for Mr. Crook I would also advise him that…. He will sign affidavits attesting that he has been read his rights He can now be interrogated by the police. I would re-advise him of his Fifth Amendment right to remain silent He will wait in a jail cell until he goes before the magistrate for arraignment.

Arraignment Advise Explanation for Mr. Crook I would also advise him that…. This can also be called an initial appearance Arraignment requires that a formal charge has been brought before the court against the defendant stating charges Must take place without unessesary delay as promised in the fifth and sixth amendments. (Due process and right to speedy trial) He will be formally read the charges against him.

Arraignment Advise 2 Explanation for Mr. Crook I would also advise him that…. He will be positively identified He will once again be read his Miranda Rights He will be asked to make a plea decision: Guilty, not guilty, nolo contendere (no contest), While there is no guarantee of bail, if there is bail it will be set here. Bail is decided by the type of crime, the offenders ties to the community as related to flight risk and whether he is a repeat offender

Types of Plea Results Explanation for Mr. Crook I would also advise him that…. Guilty or No Contest- is at the discretion of the judge to accept this plea or not. If accepted, the next step is a hearing. If denied, a trial will then be the next step. Not Guilty plea- In some areas, there will be a preliminary hearing, but in Kentucky there will be a grand jury hearing to determine whether there is enough evidence to try the case.

Grand Jury Hearings Explanation for Mr. Crook I would also advise him that…. Grand Jury reviews the evidence in the case They may interview witnesses and gather other evidence necessary to evaluate if the case will go to court based on the evidence against the defendant. If indicted by the Grand Jury, the defendant goes to trial, if not indicted the defendant is free to go and the matter is dropped. The defendant may be tried by judge or jury at his discretion

Pre-Trial Advise Explanation for Mr. Crook I would also advise him that…. I cannot put him on the stand due to the admission of guilt in our initial meeting. He is facing 10-20 years, and that there is good probability of parole after serving out 1/5 of his sentence if found guilty. I will be filing a motion to suppress the gun as evidence based on the illegal search procedure.

Trial Procedure Explanation for Mr. Crook I would also advise him that…. If you choose trial by judge, only the judge will hear the case If you choose trial by jury, jury selection will begin. Opening statements from the prosecution come first, then opening statements from the defense side. Prosecution presents their case. During this phase they call witnesses, submit evidence, and try to prove the defendant guilty

Trial Procedure 2 Explanation for Mr. Crook I would also advise him that…. The defense then can recall witnesses for reexamination Next the defense can call witnesses to refute evidence and utilize the rebuttal phase Prosecution is allowed to recall witnesses Defense is allowed to redirect witness testimony Prosecution presents their closing arguments Defense presents their closing arguments

Jury Deliberations Explanation for Mr. Crook I would also advise him that…. When closing arguments are over, the judge gives instructions to the jury The jury deliberates alone in a guarded locked room The jury is allowed to ask questions through notes to the judge, but they have to reappear in the courtroom for the answers

Verdict Results Explanation for Mr. Crook I would also advise him that…. Not Guilty- Defendant is free to go and the matter is closed Guilty- Defendant is returned to jail to await sentencing which will be scheduled at a later date

Sentencing Explanation for Mr. Crook I would also advise him that…. The Judge listens to people representing both sides such as family members of the victims and the defendant He then weighs the gravity of the evidence In Kentucky there is a minimum and maximum sentence requirement system After carefully taking all of these things into consideration he will then pronounce sentencing for the crime

Robbery in the First Degree Explanation for Mr. Crook I would also advise him that…. Kentucky Revised Statute 515.020 defines robbery in the first degree : In the course of committing a robbery he uses or threatens immediate physical force upon another person with the intent to accomplish the theft and when he causes physical injury, is armed with a deadly weapon, or uses or threatens to use a dangerous instrument on anyone not involved in committing the crime Robbery in the first degree is a class B felony and carries 10-20 years in jail

References 515.020 Robbery in the First Degree Retrieved From http://www.lrc.ky.gov/krs/515-00/020.pdf Bill of Rights Charters of Freedom Retrieved From http://www.lrc.ky.gov/krs/515-00/020.pdf Roberson, C., Wallace, H., & Stuckey, G.B. (2007).Procedures in the Justice System. 8th ed. Pearson Prentice Hall. Upper Saddle River. NJ.