@D_J_Nathanson@mastodon.social
@D_J_Nathanson@mastodon.social avatar

D_J_Nathanson

@D_J_Nathanson@mastodon.social

Criminal defense lawyer at Wood & Nathanson, LLP. Posts reflect my personal views only. Boosts are not endorsements. He/him.
https://www.woodnathanson.com

[Alt text for avatar: A 50-ish white guy with a medium-ish build wearing a black suit, white shirt and gray tie, standing in front of a brick building, blurred in the background. Alt text for banner: a rocky shoreline with breaking waves.]

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D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s !

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?🧵

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

Cops are only REQUIRED to give you Miranda warnings if you are “in custody.” “Not free to go” is an oversimplification.

Remember you can always invoke your rights even when you aren’t in custody.🧵

Joey from the TV show Friends banging the kitchen table and yelling, "I WANNA GOOOOOOOOO"

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Custody is supposed to mean that law enforcement officers have deprived a person of their freedom of action in any significant way. A person is in custody when a reasonable person in the person’s position would believe that he is in custody or is not free to leave. But when a bunch of old, white, ex-prosecutor judges apply this standard, it gets really dicey. /2

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

Here are examples mostly from Massachusetts law (not necessarily applicable elsewhere).

NOT IN CUSTODY

  • Roadside questioning after traffic stop (this one is SCOTUS, not MA)
  • Person brought to police station as potential witness (not suspect) not in custody until he made incriminating statements
  • Person injured in car accident restrained by EMTs for medical reasons while questioned by police
  • Without more, suspect detained during execution of legal search warrant not in custody (SCOTUS) /3
trabern, to random
@trabern@mas.to avatar

Can I just say how amazing it is to have Ketanji Brown Jackson on the Supreme Court?

While the white side of the room was chattering of concern not to neuter the presidency, she was all like, hold up, this is the most powerful person in the world, we don’t want to incentivize it into a “seat of criminal activity.”

She brought back the discourse to the job to work for the people of the US.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@trabern I thought no one was going to be better than Sotomayor. Pretty sure I was wrong.

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The Constitution is not a technicality. Thank you for coming to my Ted Talk.

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

Look, I don’t have time. I’ve got deadlines. But you either believe that everyone is entitled to a fair trial or you don’t.

Please don’t chip away at my clients’ rights (which are in the end are also your rights) because you don’t like that a particularly bad guy got a good result.

bikepedantic, to random
@bikepedantic@transportation.social avatar

Summer-camp summer degree of difficulty just went up a notch or two https://www.consumerreports.org/health/lunch-and-snack-packs/should-you-pack-lunchables-for-your-kids-school-lunch-a1165583878/?EXTKEY=SG72CR0D&gad_source=1&gclid=CjwKCAjw26KxBhBDEiwAu6KXt2GScScu34SUMVCpuol5k4DnO4xtDcvCId0lpqZUVozQ1dziZPRCFBoC6xkQAvD_BwE&gclsrc=aw.ds

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@Andres4NY @bikepedantic My kid has had the same lunchbox for more than 10 years. [I get that what to put in it is perhaps the more time-consuming, challenging issue. But since we're vegan, lunchables was never an option anyway.] https://www.planetbox.com/

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It's by @derthomas and @Kitty

The theme is - the first song you remember hearing live.

The song? 🤷 The band was Pleased Youth. They opened for St. Vitus and Black Flag at a biker bar/strip club. I was 13. I lost my mind. Live video from about a year later below.

I was supposed to see Agnostic Front in studio during Pat Duncan's legendary @WFMU show the week before but they never showed. OK w/that.

Pat's amazing archives linked in next post.
https://youtu.be/iLVB8RvE7h4?si=y95Ep0WCv_kytvhg

historyofpunkrock, to random
@historyofpunkrock@sfba.social avatar

Favourite 4 album run by a band or artist?
Challenge accepted

Btw the intended artist should be clear 🙂

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@historyofpunkrock That would be a six album run, actually.

[Not pictured: Converge albums You Fail Me and No Heroes] All of these recorded in my home town

Axe to Fall by Converge. Image is a multicolored impressionistic profile of a woman’s head.
All We Love We Leave Behind by Converge. Image is a black and white progression of 25 phases of the moon.
The Dusk In Us by Converge. Image is a black white statue under a shroud so its form isn’t clear.

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s !

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

If you want to testify at trial, you will wish you had STFU.

If you testify but you spoke to the police, even a tiny inconsistency or omission will be used as evidence that you are lying. /1

David from Schitt's Creek making a pained face, shaking his head and saying, "You've never said that before."

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

If you testify but you previously invoked your right to remain silent when cops questioned you, the jury is not allowed to know that you invoked your right to silence. It’s irrelevant and inadmissible (subject to some poorly justified exceptions).

If you testify but you made public statements about your case, those are absolutely fair game. Admissions, inconsistencies, and omissions in your public statements will be used against you. Admissions will often come in without you even testifying./2

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

If you testify but you wrote to or spoke on a jail phone to people other than your lawyer, all those statements can be used as admissions or inconsistent statements.

Finally, if you testify at trial, you waive the privilege against self-incrimination. You cannot refuse to answer a question because it might incriminate you. /3

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

As with every post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this. /end

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

I decided to post this thread because there is a certain criminal defendant in New York who almost certainly wants to testify and who definitely did not STFU.

blogdiva, to random
@blogdiva@mastodon.social avatar

Y'ALL!
didn't grow up with a microwave. although papi was an enthusiastic early adopter of everything, my mom was absolutely against them. so i just found myself ooohing and aaahing as i watched a bag of microwaveable popcorn grow as it pop poppity popped.

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@blogdiva I’m not trying ruin your fun, but when you have a moment … https://www.uclahealth.org/news/eating-microwave-popcorn-increases-the-level-of-pfas-in-body

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The from @neurothing is

Pavement – Cut Your Hair
(you know)
https://youtu.be/QTTgpTeb0Z8?si=EQ4Ux3kc1r2fpRRH

Black Breath – Razor to Oblivion
(hardcore via Motorhead)
https://youtu.be/0zPSbJUmBeM?si=2j4HRxs7ISMwGidw

Niuta - In the Age of Kings (Peasants Sharpen Their Knives)
(antifascist d-beat)
https://niuta.bandcamp.com/track/in-the-age-of-kings-peasants-sharpen-their-knives

Today is the Day – My First Knife
(evil mathcore?)
https://todayistheday.bandcamp.com/track/my-first-knife

The Dream is Dead - The Sword And The Ploughshare
(screamo?)
https://thedreamisdead.bandcamp.com/track/the-sword-and-the-ploughshare

pluralistic, to random

Corporate crime is notoriously underpoliced and underprosecuted. Mostly, that's because we just choose not to do anything about it. American corporations commit crimes at 20X the rate of real humans, and their crimes are far worse than any crime committed by a human, but they are almost never prosecuted:

https://pluralistic.net/2021/10/12/no-criminals-no-crimes/#get-out-of-jail-free-card

1/

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@pluralistic Wall Street is a high crime area. Stop and frisk for Wall Street.

(I’m half-kidding.)

blogdiva, to random
@blogdiva@mastodon.social avatar

🗣 DEMOCRATS! STOP CONFUSING THE POPULAR VOTE WITH ELECTORAL COLLEGE VOTES!!!

yet again, i ask all who did this in 2020 to stop doing this in 2024; or did you not learn ANYTHING about 2016?!?

the President of the United States is decided in one of the most UNDEMOCRATIC electoral processes of any country that deems itself a democracy:

THE ELECTORAL COLLEGE

y’all need to stop spreading FUD about 3rd party candidates and start focusing on the people who actually vote for POTUS:

THE ELECTORS 🧵

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@blogdiva Even without this particular level level of obscenity (just, wow), this is a known phenomenon called a “prison gerrymander” which literally transfers political power from Black and brown communities to white communities by locking up Black and brown people. https://www.prisonersofthecensus.org/

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

It’s !

When cops ask you questions, ask for a lawyer and then STFU:

  • I am not discussing how I’m doing or where I’m going.

  • Am I free to leave?

  • I am not answering any questions.

  • If they ask to search anything: "I do not consent to a search."

  • I want to speak to a lawyer.

WHATEVER YOUR AWESOME EXPLANATION FOR THE COPS IS, IT CAN WAIT UNTIL AFTER YOU TALK TO A LAWYER! (Who will listen to you and then tell you to STFU.)

Pedro Pascal in The Last of Us making the Ssh signal with his finger over his mouth. He’s in a dark room and his face is lit from below. Spooky!

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

As with every post, I'm a lawyer in the USA. These comments are based on law in the USA. (And they apply to all people in the USA, whether or not they are citizens.) Some US states provide more protections than this.

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

The from @neurothing is

Beach Slang - Bad Art & Weirdo Ideas
(post-punk)
https://beachslang.bandcamp.com/track/bad-art-weirdo-ideas

John Coltrane – Acknowledgement
(you already know)
https://youtu.be/28FDmhoAV0M?si=UTt85eylJ93_xvVO

Wormrot - Descending into the Unknown
(grindcore)
https://wormrot.bandcamp.com/track/descending-into-the-unknown

Pleasant Valley Children – The World as We Know It
(damaged hardcore, criminally underrated)
https://themightyur.bandcamp.com/track/the-world-as-we-know-it

Jawbreaker - You Don't Know
(the good kind of pop punk)
https://jawbreakerband.bandcamp.com/track/you-dont-know

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@neurothing I have five more!

James Brown – Think
(you already know)
https://youtu.be/cOto9mcC2mc?si=dCxGjBil8p9xt0AW

Galactic - Friends Of Science
(New Orleans funk)
https://youtu.be/-_VTDmeUwqs?si=mVrin3sn6XqyJEvC

Superchunk - Learned to Surf
(alt/punk/rock)
https://superchunk.bandcamp.com/track/learned-to-surf

The Smith Street Band - It's Alright, I Understand
(emo/punk I guess)
https://thesmithstreetband.bandcamp.com/track/its-alright-i-understand

Iron Chic – Planes, Chest Pains, and Automobiles
(the good kind of pop punk)
https://ironchic.bandcamp.com/track/planes-chest-pains-and-automobiles

futurebird, to random
@futurebird@sauropods.win avatar

This could have happened two years sooner but Trump appointed EPA people blocked it.

One of them was Nancy Beck of the EPA Office of Chemical Safety and Pollution Prevention.

Before working at the EPA, she was an executive at the American Chemistry Council, a chemical industry lobbying group for FIVE years!

Why can't we get those revolving door laws? So, you can't be at the EPA after OR before being a lobbyist?

The reporting on this in papers is terrible.

https://www.al.com/news/2024/04/epa-to-require-removal-of-cancer-linked-forever-chemicals-in-all-drinking-water.html

D_J_Nathanson,
@D_J_Nathanson@mastodon.social avatar

@futurebird Living On Earth (produced at UMass Boston - woot!) does good reporting in this space, including this specific topic. https://www.loe.org/shows/segments.html?programID=22-P13-00035&segmentID=2

D_J_Nathanson, to random
@D_J_Nathanson@mastodon.social avatar

Private equity-backed prison profiteer Securus is apparently about to go bankrupt.

What happens if they do? Do my imprisoned clients suddenly lose the ability to call me? That seems ... constitutionally problematic.

One more reason why government outsourcing is a terrible idea generally and morally abhorrent when it comes to prisons.

https://theappeal.org/securus-bankruptcy-prison-telecom-industry/

D_J_Nathanson, to nba
@D_J_Nathanson@mastodon.social avatar

I do not understand how the Cleveland Cavaliers have so few wins, relatively speaking. They have so many really good players.

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