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Chris Brown Had To Keep Quiet To Protect Himself, Legal Expert Says
Posted on 2009-07-22 03:00:12
Artist/band(s): Chris Brown [FB]

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Source: http://www.mtv.com/news/articles/1616652/20090721/brown__chris__18_.jhtml

'If he comes out and says, 'I'm really sorry I did this,' he's admitting guilt,' Peter T. Haven tells MTV News.By Jayson Rodriguez

Chris BrownPhoto: Frazer Harrison/ Getty Images

In the opening remarks of the apology video Chris Brown posted online Monday, the singer explained that he wanted to speak out sooner, but his lawyer insisted he wait. But why would his attorney be against Brown expressing remorse for the incident?

Peter T. Haven, a legal expert based in Los Angeles who has been following the case, said Brown was probably advised to stay quiet because "you have the right to not be a witness against yourself."

"If [Brown] had released an apology before they had struck a plea deal, he would have basically been admitting guilt, and that video would have been admissible as testimony," Haven told MTV News on Tuesday (July 21). "In most criminal proceedings, you really can't call the defendant and get him to testify in any way, shape or form. But if he testifies in some way, you can use that testimony as evidence against him. And if he comes out and says, 'I'm really sorry I did this,' he's admitting guilt. It makes it tough to represent him when he's saying he did it. I think it's a proven thing for a lawyer to get his client not to speak to anyone about [an ongoing case]."

Since Brown struck a deal last month — which required him to plead guilty to one charge of felony assault, undergo anger-management counseling and complete 180 days of community labor — he's essentially free to speak as he wishes. However, it's unclear when Brown actually recorded the video testimony.

Haven cautioned that although a plea deal has been reached, Brown still has to be formally sentenced next month. He stressed that the sentencing is sure to be a formality at this point, however, there remains a tiny risk. Brown should be cautious until then, Haven urged, but he said the singer's sincerity in the video should be noted.

"I think he probably feels genuine remorse," Haven said. "He looked a little scared and apologetic that day in the courtroom. He genuinely had an air about him that he seemed remorseful. Whether that was an act or not, I don't know."

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