The Motivation to Lie - False Allegations in Criminal Court

The Motivation to Lie – a Criminal Law Perspective

by Daniel Hilf of Hilf & Hilf, PLC

I have listed below 10 different lies I have encountered in my practice as a criminal defense lawyer, with an example when necessary. Unfortunately, the oath to testify truthfully is not honored by some individuals for various reasons. It is often important to recognize these motivations in order to build a defense from false accusations that effect lives, destroy families, and damage the integrity of the criminal justice system.

1)      Fear – Sometimes a spouse will falsely accuse their husband or wife of domestic violence when the police come to the home concerning a disturbance because they are afraid that they will be arrested and go to jail.

2)      Gain Sympathy – Recently a client represented to the Court that he needed to be released from jail because his mother just died and he wanted to attend the funeral. Information gained by the probation department revealed that his mother died 6 months prior to the date he appeared in Court.

3)      Impress others – I represented an individual accused of criminal sexual conduct in which the complaining witness alleged that she had a sexual relationship with my client because she viewed her promiscuity as a badge of honor. She felt that she would appear more mature if others believed that she had a sexual relationship with an adult.

4)      Protect Someone Else – In an Armed Robbery accusation I defended, the mother of the codefendant produced a fake letter, purportedly from my client, confessing to the crime and exonerating her son. Through effective cross examination, and the testimony of a handwriting expert that I hired, the lie was exposed in Court, leading to my client’s acquittal.

5)      Protection of Self – In a Criminal Sexual Conduct trial I defended the young complaining victim blamed a neighbor for inappropriate touching. He was acquitted at trial. A juror who approached me after the trial believed that the accusation was made against my client because it was easier for her to complain against my client than a close family member. The complaint put the actual perpetrator on notice that she is not afraid to tell if the inappropriate touching continues.

6)      Mental disorder – There are persons that are pathological liars who have a psychological need to lie. There are also persons that are disconnected from reality due to a mental condition, medication, or drugs. There are persons with narcissistic character traits who view the world as they want to view it, and not how it really is. With these type of individuals, sometimes the longer they speak the more apparent their mental disorder becomes.

7)      Not to lose face – In some cultures a woman’s virginity is of paramount importance. A lie of rape, rather than an admission of consent, may be viewed as necessary to protect the individual or family’s honor and reputation.

8)      Avoid conflict – Sometimes a witness will get to a point where he or she will agree with every leading question asked in order to avoid the continued sharp questioning of the lawyer. Sometimes a person will believe that it is easier to tell a lie to avoid an argument.

9)      Bias or hatred- There are persons in this world that will bear false witness because of bad blood, a failed relationship, personality differences at home or at work, etc.. In a felonious assault trial that I defended and gained acquittal, my client’s ex wife claimed that he pointed a gun at her in order to ruin his military career. She was upset that he moved on with his life, and did not want to have a relationship with her or their child (because of her behavior), and wanted to drag him down.

10)   Gain an advantage – Some persons believe that they are just smarter than everyone else, and can freely lie to get their way. The advantage may be psychological – having the satisfaction that they are believed and they got away with something.

Signs that Someone May Be Lying include the following:

1)       Your Intuition tells you that you heard a lie. Your gut is usually right.

2)     The person avoids eye contact. However, in some cultures eye contact is avoided as a sign of respect and not due to deceit.

3)       Body Language - Is the person fidgeting on the witness stand? Does  he or she cover their face or mouth when speaking? Does the person  appear to be nervous beyond the nerves of having to testify in Court.

4)       Voice tone – sometimes the modulation in tone or sound indicates  deceptiveness.

5)       Inconsistent answers – Is the testimony different from a prior  statement, a police report, prior testimony?

6)     Contradictory evidence – For example, if your child said that he or she did not eat the cookie but the cookie jar is empty and crumbs are found around his or her mouth, you may conclude that you were lied to.

7)     Avoidance of the question asked – If a question is asked, and the answer is not responsive to the question, it is a sign that the person may have a tendency or a desire to not answer the question truthfully.

For more information concerning criminal law matters visit my website http://www.hilfandhilf.com.

Top 10 Ways to Afford a Criminal Lawyer

Hiring a criminal defense attorney for legal representation for yourself, a family member, or a friend for a criminal arrest or criminal allegation is sometimes is very difficult.  The hardest part is often that it is an unexpected expense which usually comes at the worst possible time.   Under the best of circumstances, money is available to retain the criminal defense lawyer for the agreed upon amount and the issue of ability to pay is not an issue.  This, of course, is not always the case.  The attorney fee charged varies between lawyers, and usually the amount to retain the lawyer contemplates the complexity of the matter, the time commitment involved, the inability of the lawyer to handle other matters due to the time commitment, and the reputation and experience of who you hire. That being said, there are several payment options which may make experienced criminal defense legal representation more affordable than you think:

First, payment plans are sometimes available, however the attorney will always need enough of a down payment to enter an appearance and appear on the case;

 

Second, credit card payments are sometimes a solution;

 

Third, In some instances, an individual may be able to obtain a loan from a bank, financial institution, or church to provide payment;

 

Fourth, In many cases a help comes from a family member or friend who is willing to step forward to help.  Many persons let their pride come in the way of asking a parent, uncle, aunt, grandparent, child, or other relative for help – to not ask for help is likely to be the worst and most damaging possible decision;

 

Fifth, Often an agreement is reached on occasion with the employer of a Defendant to pay attorney fees, and deduct the cost from the Defendant’s paycheck over time;

  

Sixth, A tax refund is often used to hire a lawyer;

 

Seventh, In some instances a Defendant’s bond can be assigned to his or her lawyer at the conclusion of the case as payment.  When the bond is in the Defendant’s name, however, the Court will deduct amounts for any fines, costs, supervision fees, and/or restitution any return any remaining balance.  The remaining balance may be very little, depending upon the circumstances;

  

Eighth, Although a criminal lawyer is not ethically allowed to enter into a contingency fee agreement (no payment unless a specific result is obtained), there are instances when a person has aunrelated pending lawsuit settlement which he or she will receive in the near future.  In some instances an agreement is reached between a person and a criminal defense attorney to put anattorney lien on a portion of the anticipated settlement to cover the retainer fee of the criminal defense attorney.  In some criminal cases, the attorney fee can be paid through the proceeds of the settlement of a related forfeiture case;

  

Ninth, Leaving collateral for the attorney to ensure payment, such as a car note or property, is a possible option;

  

Tenth, in rare instances, a barter for services can be reached.  Many lawyers are reluctant to engage in barter because the value of what is received is treated as taxable income and it also may create a conflicting entanglement between the attorney and client.

 

 

 

For criminal charges an indigent Defendant can ask for a Court appointed lawyer, which is not always his or her best choice.  The quality of the Court appointed attorney is based upon the luck, or unluck of the draw – and people who get in trouble or are accused of committing a crime sometimes are just plain unlucky.  It is not unheard of for the Court appointed attorney to be overworked, underpaid, unappreciated, indifferent to the consequences, and apathetic about his or her client.  Furthermore, in some cases the Court will not appoint a lawyer based upon the financial ability of the Defendant, the nature of the charge, and the likely sentence.

In any circumstance in which a criminal accusation is made, you should always take the time to discuss the situation with an experienced criminal defense lawyer to see if a retainer agreement can be reached.  The failure to retain an experienced criminal defense attorney may turn out to be your greatest regret – do not risk being legally represented by someone who does not care about you and your future.

 

Sometimes in life you only have one opportunity to obtain the right result.

 

Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right

Tips for Testifying in Court

Nobody likes having to testify in Court. It is a nervous experience, especially if you are accused of some sort of wrong doing, or if a friend or family member is so accused and you are in Court concerning the accusation. If there is a possibility that the answer could incriminate yourself, you have a 5th Amendment Privilege not to testify.  There are other instances in which privilige can be asserted in order to limit or prevent the testimony from being offered.  Whenever you have a question about a privilege that may apply to your situation, you should consult with a lawyer.  In the absence of a privilege, testimony can be compelled. 

 

When I prepare my client and/or a witness to testify in Court, I always give them the same advice concerning their testimony:

 

FIRST: Testify truthfully. If you are inconsistent, it will be brought out during questioning. Attorneys that litigate are trained in the examination and cross examination of a witness. They are prepared for the testimony - and often will have statements that they will allege that you previously made in a police report, a doctor's report, a child protective services report, etc..

SECOND: Listen to the entire question before you give an answer. If you do not understand the question, ask for the question to be repeated or rephrased.

THIRD: Answer only the question that is asked of you. If your answer drifts into other areas, it makes it seem like you are being evasive.

FOURTH: Do not speculate or guess. If you know the answer to a question, go ahead and answer the question - don't guess or speculate in order to give an answer.

FIFTH: Do not get into a pissing contest with the Prosecutor. Maintain your composure. Remember, that the Prosecutor is doing a job that he or she is trained to do. If you take what the Prosecutor is doing personally, it will make the experience worse and it could affect you believability.

SIXTH: Dress appropriately. If you want the Judge or Jury to respect your answers, dress in a way that shows that you respect yourself.

SEVENTH: Come prepared. If you are subpoenaed to bring documents with you, make sure that you do. If the documents contain your own statements, make sure you know what those statements are (unless the documents are sealed).

EIGHTH: Remove any bubble gum or food from your mouth prior to entering the Court room.

NINTH: When you answer a question, make sure you are clear. A court reporter cannot record a head nod. The court reporter cannot interpret words like uh-huh. Judges and jurors may not understand slang - and they may not respect your testimony if you speak in slang.

TEN: Be on time. Courts, and attorneys, do not like to wait. If you have any concern that your testimony may incriminate yourself in any way, consult with an attorney before you are called to testify.

 

If you are on trial, accused of a crime, consider the advice of your attorney regarding trial strategy, before making the decision to testify or to offer any witnesses to testify.

 

Again, there are also certain other reasons why you may not wish to testify, such as if there is a privilege involved. The attorney should be able to tell you if the privilege you want to assert is valid or not. In most instances you have at least 48 hours notice before testifying. If you fail to appear for Court when you are subpoenaed, there is a risk that you could be found in contempt of court. In some instances the Prosecution will ask for a material witness warrant if you fail to appear, which gives the police the ability to arrest you and hold you in custody to insure that you will appear and offer testimony.

 

Do not wait until the last minute to consult with an attorney.

 

Hiring the right criminal defense lawyer may be one of the most important decisions you make for yourself and your family. There are many lawyers who claim to do more than what they are able - just as there are many surgeons in the world that are no better than butchers. Do not settle for a legal hack job. Practicing law is a skill that develops over time with experience, commitment, dedication, and God given talent. There are no amateur attorneys at Hilf & Hilf, PLC – only professionals that are guided by the humanity in the individuals we serve, and the drive not to settle for what is easy over what is right.

Weird Criminal Law Statistics

Weird Criminal Law Statistics, compiled by Daniel Hilf, Esq.

DISCLAIMER - A lawyer friend of mine shared with me the wisdom that this person learned over the years of their legal practice. The listed statistics are not scientific (and probably based upon emotion). The information does not relate to a particular Judge, Prosecutor, Police Department/officer, Probation Department/officer, Defense Attorney, Defendant, and it is not intended to do so. However these controversial ideas are certainly worthy of discussion.

1)    A police officer will claim to have a memory as to the identity of a perpetrator and the facts of an alleged crime 100% of the time, even if the arrest comes 5 or more years after the date of the alleged offense.

2)      A Defendant who claims to have a fiancé does not have a wedding date scheduled 99.9% of the time.

3)      98% of Defendants who claim that they lost their case because they had a Court appointed lawyer and not a “real lawyer” will blame any other failures in their life on “the system” and not because he or she might have a bad attitude.

4)      98% of police officers will complain to the Prosecutor or other police officers if he or she is called a liar by the Court even when he or she is lying. The Prosecution will usually retaliate on behalf of the police officer by refusing to have bench trials in front of that Judge in the future, and the police will retaliate by openly supporting another candidate if this accusation occurs close enough to the election.

5)      95% of Judges who will have a tendency to incarcerate a person for committing a particular type of offense will ask another Judge to not incarcerate a family member who is convicted of the same type of offense.

6)   95% of police officers believe that there is no such thing as a bad stop or a bad search.

7)   90% of prosecutors will claim to do “God’s work” even though 100% of Prosecutors (as do we all) fall short of Godliness.

8)    90% of prosecutors will support a police officer who he or she thinks or knows is lying and continue to prosecute an individual with the rationale that is up to the Judge or Jury to decide who is telling the truth (If the Judge determines the officer lied, the result is explained in number 4 above).  

9)      90% of former Prosecutors who become Defense Attorneys will complain about not receiving a good enough deal for their clients from time to time, even though they regularly denied the same type of deal to other Defendants when they were Prosecutors.

10)  If a Defendant is extremely adamant as to the value of a piece of evidence, the receipt of that piece of evidence is likely to be damaging to the case 90% of the time.

11)   90% of Defense Attorneys that are former Prosecutors who were jerks when they were Prosecutors, will want to act friendly toward the defense bar and pretend like the past never happened.

12)   90% of persons who claim to smoke marijuana on a daily basis will claim that they can quit at any time. When the same person violates their probation for testing positive for marijuana 75% of the time he or she will claim the reason for it is being in the same room as someone else using marijuana.

13)   A handwritten letter in pencil from a prisoner to a Judge will start out “How are you? I am fine” 80% of the time (which isn’t true because the writer of the letter is incarcerated).

14)   80% of probation officers who are offered an early buy out from the state accept the early buy out because they are sick of their job.

15) 75% of Defendants that say to a Judge that "this is the last time you will ever see me again" will be seen by the same Judge again.

16)   75% of persons without job that are convicted of a crime that admit to daily drug use insist that they get their drugs from friends for free and do not pay for the drugs they use.

17)  Of persons accused of crimes involving multiple Defendants, 75% claim to be a look out to the crime rather than an active participant.

18)   70% of Defendants who ask the Judge for a break because they never received a break before received a break before.

19)   50% of the public will believe the word of the police officer over other witnesses just because the witness is a police officer, even when they are instructed by the Court not to do so.

20)   25% of clients that are mentally ill will become offended if you suggest that they seek help or medication for their mental illness. 80% of the clients that are just a little mentally ill will want to use mental illness as an excuse to try and influence the Judge to be lenient.

21)   10% of Defendants will thank their lawyer for the work that was well done on their behalf which leads to a good result or acquittal. A good number of the rest will not even appreciate the work done on their behalf.

22)   10% of Defendants who gain acquittal will be mad at their lawyer for no good reason or will not appreciate the work that was done on their behalf. 

23) Many Criminal Defense lawyers think that it is better to wear a nice suit, drive a nice car, and have a rich looking office than to know and understand the law.

24)  1% of Court appointed clients will tell (not ask) their lawyer to file frivolous motions on their behalf with the rationale that they are paying their lawyer (even though the lawyer is paid by either the county or city in which the case presides).

25) The criminal law community is the only community that believes in the existence of  "clean urine".www.hilfandhilf.com