Retired FBI Agent and current criminal defense attorney Robert Foley of O’Halloran and Foley Law interviewed as the FBI begins to look into whether Sayfullo Saipov had personal ties to people connected to the terrorist organization ISIS after attending a wedding at the Osprey Cove apartment complex in Fort Myers in August of 2015.
Let’s say you are accused of a crime, but you were nowhere near the scene at the time of the incident. The district attorney and police seem quite convinced they have their man. Why? Eyewitness testimony puts you smack dab in the middle of a crime scene. Looks like they have their case locked up, right? Wrong! A good criminal defense lawyer knows better.
The fact of the matter is, eyewitnesses make mistakes quite frequently. According to the Innocence Project, misidentifications contribute to wrongful convictions in over 70% of overturned convictions. Most of the time, faulty memory is the culprit. Studies indicate that false memories are unreliable for a number of reasons:
Either intentionally or unwittingly, choosing one word over another when questioning witnesses introduces an opportunity for false memories form. In one experiment, researchers ask witnesses to estimate the speed of a vehicle prior to a collision. Witnesses have significantly lower speed estimates of the car prior to the car hitting another vehicle than those estimating the speed of the car prior to smashing into another vehicle. Adamant witnesses whose estimates were off by 30 or 40 miles per hour were astonished at their faulty memories.
The human brain naturally relies on “gap filling” to make sense of events. When witnessing a scene, individuals create “facts” to fill in pieces of the event that seem incomplete. For example, on an early morning commute to work, one might hear someone say,”Good,” followed by indistinguishable mumbling. The brain fills in the word, “Morning,” even though that may or may not be the word that was murmured.
Natural distortion https://nygoodhealth.com/product/cialis/ occurs in the retelling of any account, depending on what details the speaker emphasizes. What the listener is most interested in determines what the speaker chooses to focus on. Details may be lost, or enhanced, depending on the perspective of the speaker.
Bias may impact memory. One experiment established the vulnerability of memory to bias by giving study participants a story to read and asking for responses. Each of three groups receives the same story with three different slants – annoying, neutral, and socially cool. Participant memories of the same events were markedly different.
In addition to these factors, eyewitnesses to crimes face other challenges when it comes to memory:
Stress: A factor known to influence human memory, this consideration is amplified when weapons are present during the commission of a crime;
Disguises: Perpetrators who use disguises can confuse the memories of witnesses, who may focus on false features while ignoring minor identifying details;
Brief encounters: Oftentimes witnesses have a matter of seconds to make sense of a confusing scene;
Pressure: High pressure during line-ups or other identification procedures may incline witnesses to choose someone who seems “close enough” to their memory.
Juries tend to put a lot of stock in eyewitness testimony, but at Robert Foley Law, we know just how damaging faulty memories can be. As your defense team, we will diligently explore every aspect of your case in order to secure the best outcomes possible. Contact us today in Fort Myers or Punta Gorda for a free, confidential consultation.
Drunk Driving (DUI) in Florida is a serious offense, vigorously prosecuted in a court of law. If you find you have had a few too many, the smart move is to avoid driving. In the event that you choose to get behind the wheel and do get pulled over, you will need an experienced attorney to help you avoid the most serious of consequences.
If the prosecution asserts that you were driving with a blood alcohol level (BAC) over the legal limit of 0.08, you could face consequences including fines, community service, court ordered treatment, and incarceration. However, the accuracy of BAC measures is currently under a cloud of doubt.
The Florida Supreme Court has been asked to determine whether or not current BAC tests used for drunk driving arrests truly produce trustworthy results. The case involves John Goodman, who was convicted in the traffic death of a Florida man in 2010. Arguments challenge screening methods and procedures designed to prevent clotting in drawn blood, alleging artificially high levels of alcohol may appear as a result of improper techniques.
While it is true that police officers have a certain amount of authority, you, too have rights when you are pulled over:
You have the right to remain silent. Yes, you must provide your name and show an officer your driver’s license, registration, and proof of insurance. Fully within your rights, you are able to choose not to answer if police ask whether you’re drinking or not.
You may refuse permission to search your vehicle. A search requires permission or a warrant unless the officer has probable cause.
You have the right to an attorney if arrested. Thank your lucky stars if there is no arrest when an officer stops you. The minute the cuffs come out, it would behoove you to request an attorney.
An arrest can be extremely stressful. Do not make matters worse for yourself by being belligerent or confrontational. If you believe law enforcement officers are violating your rights, you will undoubtedly fare much better if you leave the arguing to your lawyer. Keep in mind that the officers are working with limited knowledge of you and your circumstances. Stay safe by cooperating and remembering some key tips:
Keep your hands in plain view. Do not reach for your cell phone, jam your hands into your pockets or dig around in your glove box. By all means, avoid sudden movements that could be misinterpreted by the police.
Do not make false statements or interfere with what officers are trying to do in any way.
Pay attention to everything that is happening. Make mental notes of any issues that trouble you so your attorney can address them later.
Hiring the right attorney when your life and livelihood are in jeopardy is the smartest thing you can do. At Robert Foley Law, our legal team understands the laws associated with DUI and drunk driving cases. Contact Robert Foley in Fort Myers or Punta Gorda for a confidential, no-cost consultation about the specifics for an experienced, aggressive representation.
Fox4 News interviewing retired FBI agent and now criminal defense attorney with Aiken, O’Halloran and Foley regarding on TNY Terror suspect Saipov
If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative.
With criminal charges, most likely, your objectives will be to either avoid jail time, reduce or dismiss your charges, and/or keeping your record clean.
Robert Foley shares these objectives and understands the devastating effect a criminal conviction can have on your career, your future, your family, and even your freedom.
As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.
If you’re facing criminal charges in Southwest Florida, or have been subpoenaed to appear before a Federal Grand Jury, you should seek the advice of a knowledgeable and skilled legal representative. As a retired FBI Agent and former State Prosecutor, Robert Foley has the legal experience you’ll need to accomplish your objectives and protect your rights.
“We hired Mr. Foley after our first lawyer failed us through and through. We needed a miracle and Mr. Foley was up for the challenge. Although the odds were against us every step of the way he stood by my brothers side no matter what!! He gave us his advice and was extremely professional. My brother ultimately made his decision to go to trial. Mr. Foley put his best foot forward and fought for my brothers freedom. He was thorough, clear, and very intelligent. I am proud to say my brother won his trial and is a free man. I will forever be thankful for Mr. Foley and his team. I would also say I would use him again in the future, just hope I never have too!”
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