Tips
Sealed lips
When stopped for a DUI or traffic violations, detained or arrested for any reason, you are required to provide your true name and identification only. You have no obligation to answer any questions, none whatsoever (when, what, where, how many drinks you had, for instance .. . )
Don’t get tempted no matter how kind and friendly the officers are. Law enforcement officers are trained to use different and tricky tactics to get confessions and elicit information that would hurt you in court.
Be clear and firmly refuse to answer questions after identifying yourself
If you sound uncertain about your rights, they will persist questioning until you spill out incriminating statements.
Resist answering any questions even if they claim you’re not a suspect and not under arrest. Their goal is to trick you.
Cops often interrogate people during the initial contact before arresting them and reading their rights to elicit incriminating statements. Then they arrest them and read their rights.
Stay mute
Tell the cop LOUD & CLEAR “I do not want to talk, I take the 5th, I want an attorney”. Be courteous.
Remember, don’t waive your Miranda rights under Miranda v. Arizona if you’re arrested. You have no obligation to answer their questions. Remaining silent is in your best interest and extremely crucial even if you’ve done no wrong. You may say something that could connect you to a crime.
Why oh why do our clients talk so much? Between talking to the cops and calling their buddies on the phone, they screw themselves every time. But anyhow, I came up with some advice:
Hush little homie, don’t say a word
That cop is going to give you the big fat bird
And when he’s done with his song and dance
Your lawyer will say you don’t stand a chance
Your only chance is to zip your lip
And don’t be afraid of that County trip
When you get to County you just might make bail
Get your sorry ass right out of jail
And maybe you’ll find when you see the judge
They’ll let you go ‘cause you just didn’t budge
If you don’t say a word the D.A. might find
The case against you ain’t no never mind
So take my advice, when they read your rights
Say “I want a lawyer” say it day and night
Sooner or later the cop will stop
And may be find another little homie to pop
By lawyer Ozro Childs
Listen to Regent Law School professor and former defense attorney James Duane explain why you should never talk to the police:
California Vehicle Code 23612 titled Chemical, blood, breath or urine tests has complex mandatory provisions that some are against drivers and some benefit them. Being unaware of these complex and convoluted laws, many law enforcements don’t follow them when they pull you over for DUI.
* No right to attorney before DUI tests
(4)The officer shall also advise the person that he does not have the right to have an attorney present before stating whether he will submit to a test or tests, before deciding which test or tests to take, or during administration of the test or tests chosen, and that, in the event of refusal to submit to a test or tests, the refusal may be used against him in a court of law. VC 23612(2)(C)(4)
In Hoberman-Kelly v. Valverde (2013) 213 Cal. App. 4th 626, Court of Appeal held that VC 23612 advisements of rights must be read effectively and clearly to drivers so they are informed of their rights and obligations:
Suspension of plaintiff’s driver’s license was improper when the officer’s reading of the necessary admonitions was mechanical, and he made no attempt to dispel the driver’s confusion as to the right to contact counsel, and when the driver stated repeatedly she would submit to a blood test.
* Not required to submit to field and PAS tests when you’re pulled over and before being arrested, provided you are an adult and not on probation:
(h) A preliminary alcohol screening test that indicates the presence or concentration of alcohol based on a breath sample in order to establish reasonable cause to believe the person was driving a vehicle in violation of Section 23140, 23152, or 23153 is a field sobriety test and may be used by an officer as a further investigative tool.
(i) If the officer decides to use a preliminary alcohol screening test, the officer shall advise the person that he or she is requesting that person to take a preliminary alcohol screening test to assist the officer in determining if that person is under the influence of alcohol or drugs, or a combination of alcohol and drugs. The person’s obligation to submit to a blood, breath, or urine test, as required by this section, for the purpose of determining the alcohol or drug content of that person’s blood, is not satisfied by the person submitting to a preliminary alcohol screening test. The officer shall advise the person of that fact and of the person’s right to refuse to take the preliminary alcohol screening test. VC 23612(i)
* Blood, breath or urine tests are mandatory after you are arrested and refusing them will result in harsh consequences:
(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153. . . VC 23612(a)(1)(D).
Be diligent
The police report leads prosecutors to file the criminal charges. Sometimes a hearing with the cops before they file the police reports or an office hearing with the prosecutor can result in dismissal of the charges and the complaint.
Do not attend a hearing without a lawyer
It’s important to call a criminal lawyer immediately if cops or prosecutors contact you. Ignoring their calls can have serious consequences that could have been avoided. Contact a criminal defense lawyer soon
Witness’ rights and obligations
Subpoenaed witnesses are obligated to appear in court and testify. But the law is different for sex and domestic violence victims under CA Code of Civil Procedure 1219 that provides in pertinent parts:
CCP 1219. Imprisonment to compel performance of acts; exemption of sexual assault & domestic violence victims who refuse to testify:
(a) Except as provided in subdivision (b) , when the contempt consists of the omission to perform an act which is yet in the power of the person to perform, he or she may be imprisoned until he or she has performed it, and in that case the act shall be specified in the warrant of commitment.
(b) Notwithstanding any other law, no court may imprison or otherwise confine or place in custody the victim of a sexual assault or domestic violence crime for contempt when the contempt consists of refusing to testify concerning that sexual assault or domestic violence crime. Before finding a victim of a domestic violence crime in contempt as described in this section, the court may refer the victim for consultation with a domestic violence counselor. All communications between the victim and the domestic violence counselor that occur as a result of that referral shall remain confidential under Section 1037.2 of the Evidence Code.
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Your case is not over after you plea guilty or following a conviction. Sentencing is a critical stage of your criminal proceedings that requires careful preparation. That is why many defendants hire a different or additional lawyer for their sentencing phase to guaranty the shortest term and the best possible results.Comprehensive study and review of your file and family background may make you eligible for probation, house arrest or county jail instead of state prison. |
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Traffic tickets are called infractions. While there are filing fees to appeal civil and even in small claims cases, there are no filing fees to appeal infractions. Many people believe it’s not worth their time, the filing fees and perhaps attorney’s fees. It’s worth to appeal after you lose your tickets. The cop may not show up. |
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Many people can’t afford a lawyer. They often represent themselves unprepared and encounter unpleasant results. They may cause delays in the courtroom and put judges in a sympathetic but helpless position. Most people who represent themselves don’t usually get what they were fighting for.If you can’t afford full representation for your legal problems, partial representation of your case makes it affordable.Contact us 323.651.3640 for a complimentary consultation; our fees are reasonable |
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If you are in jail, DO NOT DISCUSS YOUR CASE with any inmates, friends, deputy sheriffs. Some inmates are informants whose goal is to befriend you and elicit damaging information against you. Your closest friend may testify against you to get a better deal.DO NOT DISCUSS YOUR CASE ON THE PHONE with anyone but your attorney. All your conversations with your relatives are recorded and used against you in court. |