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Ignorance

Updated: Oct 3, 2022

"I want a lawyer," should be the only words anyone says if detained by police. Do not wait until you are under arrest! There are only two truths when the police talk to someone in or out of handcuffs and/or in an interrogation room: there needs to a defense attorney there, and the police will lie. Forget everything from (My Cousin Vinny) and (Law and Order), those are fantasies. The reality is that the average person has a nearly complete ignorance of the law and how it really works. Take hold of your right to remain silent like your life depends on it--because it does--and wait for a professional, an attorney. In fact, this even applies if you get served with a civil court notice, get a lawyer. Why? Fair enough--if on a game show, with a million dollars on the line, and asked to name either your country's, state/province/territory's, or local legal code, could you? Not just the criminal laws, any laws. Attorneys, even bad ones, spend years in school and practice yet still make mistakes. Nevertheless, they have specialized training that the rest of society lacks. The legal systems of the United States are a complete tangle of statutes, procedures and bureaucracy. Even intelligence, well educated people who are not trained in the law get lost in the mess of the law. Be that as it may, a person can educate themselves, maybe not as well as a lawyer, still, enough that they could meaningfully assist an attorney. The three best ways for a layperson to learn about the law are: 1) take a class, not necessarily a law school class, rather one about criminal, business or family law. There are legal aid organizations all over the country who offer such classes at little or no cost. 2) Read about the law, NOLO and other publishers offers books on a wide variety of subjects, and there are periodicals. 3) Go to court, is in the gallery and take notes. But why would the average person take the time and expend the effort to learn about the legal system? People that own businesses have an obvious need to understand various legal liabilities such as corporations and contracts. The same goes for someone going through a divorce. And no one ever thinks about criminal liability--even criminals, until it's too late. But, you're not a criminal never even sped when you were fifteen minutes late for work. So, why should you care because felonies exist for even the most innocuous behaviors. In fact, you might be in violation of Title 18 U.S. Code § 1030, Computer Fraud and Abuse this moment. This statute can be used by federal law enforcement for actions as seeming innocent as violating a website's terms of use--wait, hold on, don't go read them now, it's too late, that ship's sailed, like halfway to Japan sailed. Besides it's only ten years in prison. You could get the same sentence for messing with your friend's Facebook, Twitter, or Instagram page. Seriously, you can get ten years in prison for messing with someone's Facebook page. It's called Federal Wire Fraud: Title 18 U.S. Code §1343. There are dozens of other statutes like this in federal law, never mind the stuff that some states and localities have on their books. And not the silly laws that no one enforces like no ice cream on Sundays. The laws of the Unites States are more complex than the average person knows. Unfortunately, ignorance of the law is no excuse for violation of a law. You can't depend on the police to help you, which is only a slightly worse idea than representing yourself in court. And while taking out a second mortgage on your house to pay for a lawyer is no guarantee, the outcome will be better than going into court alone.

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