Category Archives: Criminal Procedure

Miranda rights – How to keep your mouth shut (part 3 in a series)

In the first two parts of this series, I’ve discussed the law of the Miranda rights and when the Miranda rights apply.  Now, it’s time to talk about how to invoke your rights if you choose not to talk… and you probably shouldn’t as we’ll discuss in part 4).   Who can invoke your rights? [...]

Miranda rights and questioning: when it applies – part 2 of a series

In part one, I discussed what the law of the 1966 Miranda decision requires when a person is being questioned by police.  In this part, I’ll explain when the police are even required to read your rights. First – Custody The whole decision of the Miranda case dealt with custodial interrogation.  That means that the police are [...]

Miranda and making a statement to police – Part 1 of a series

Miranda rights in criminal cases   This is the first part of a series I decided to write regarding the Miranda rights and talking with the police… or more importantly, NOT talking to them.   First, the law of Miranda: In 1966, the United States Supreme Court decided the now-famous Miranda decision (384 U.S. 436). [...]

What is the entrapment defense?

Does entrapment still exist? Absolutely.  It’s an affirmative defense, meaning the defendant bears the burden of proving by a preponderance of the evidence that they were entrapped.  A preponderance means the defendant must convince the jury that it is “more likely than not” that they were entrapped. Entrapment is when law enforcement officer (or their [...]

Will a traffic ticket violate my probation?

When you’re placed on probation – either formal or informal, one of the typical terms is that you “violate no law”.  People often ask whether a traffic ticket will violate your probation.   In general, a traffic ticket will NOT violate your probation. Under Penal Code section 19.8, an infraction is not grounds to violate [...]