Monday, November 30, 2009

Does Anybody Out There Ever Read The US Constitution (besides lawyers I mean): Why Tiger Doesn't Talk

Short post:

Everybody has a theory on why Tiger Woods is not being given the "third degree" by Florida Police.I have heard his money is buying him out of it, that he has important politicians on his side, that he has a bad attitude and a lot of other things mostly not complementary to either Mr. Woods or the Police. People think he was running from his wife, that he was drunk, that he was high, that he was sneaking out to see a girl and his wife was waiting 5 Iron in hand. I have heard the old tried and true "if he has nothing to hide, why hide???" God If gossip reporters were not bad enough, now we have sport reporters who think they are owed an explanation. It should be required that before one gets a press pass they pass a test on basic constitutional law. If you want to read some weird stuff look here and here and this video from Wanda Sykes which at least was funny.

Here is the reason Tiger Woods is not speaking to Florida Police and why they haven't hauled his rear end down to sweat him for a confession:

The Fifth amendment of the United States Constitution gives a person the RIGHT TO REMAIN SILENT. HE is exercising the right and there is nothing that police or Mike Lupica can do about it. (no I am not linking you to Lupica, he gets enough publicity all by himself)

Moreover it is the smart thing to do. There is no upside to him saying more. It was a one car accident. He will probably get another car tomorrow from Cadillac, his sponsor, and he will at least keep his privacy. Once he speaks, whatever he says is now food for the fodder. He can't stop speculation but he needn't add to it either. Anything he says will not be believed by some portion of the public and finally, the police do not need to know what precipitated the crash as there is no damage to anyone but Tiger and what they don't know or what they don't write in a report can't hurt anybody.

So Woods did the smart thing. I wish more clients and their families would follow suite and STOP talking to police. It isn't that I want to make the jobs of law enforcement harder, it is just that I do not have the obligation to make it any easier. Usually when clients speak to police without an attorney being present, they make if far worse for themselves even when "they speak the truth and have nothing to hide."

Okay so there you have it. Mr. Wood's lawyer has a smart client. Mr. Woods has a good lawyer, and the gossips of the world will be able to join the conspiracy theorists and debate what happened until OJ Simpson finds the person who killed his ex-wife.

Wednesday, November 25, 2009

Happy Thanksgiving.

I haven't left a blog post here in a long time. Still for some reason, people occasionally stop by to see if I have been writing.
I am sorry I haven't been. I have been spending a lot of time reading other people's writing, and working, and writing articles for legal magazines, but short pity blog posts haven't been my thing lately.

I have been on this page (blank page) many times in the last few months trying to find my voice again. I am not sure I have, but I am well and having a relatively good time working hard. I won't promise to be back now, but blogging is back on my mind. Hence if you stop by every now and again, you may find something here and even something over at our sister blog Long Island (Criminal) Trial Law.

In the meantime, I want to wish all of you a very Happy and Healthy Thanksgiving.