Tag Archives: miranda

Should you talk to the police?

May 9, 2011

I still get this question all the time -
“If I’m completely innocent, why shouldn’t I make a statement to the police?”
I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you “have [...]

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Not read your rights by the police? What are the rules?

October 26, 2010

The police didn’t read my rights!
The thing people ask me about most often seems to be about being questioned by the police without their Miranda rights.  Things like “Were the police required to give them?”  “I told them I didn’t want to answer, but they kept going.” and “Can I get my case thrown out [...]

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Resisting Arrest - Orange County Defense Attorney

November 2, 2009

Resisting Arrest - Penal Code section 148(a)(1)
The crime of “resisting arrest” is covered in Penal Code section 148(a).  It is a misdemeanor to willfully and unlawfully “resist, obstruct or delay” an officer in the performance or attempted performance of their duties.  If convicted, the maximum possible sentence is up to one year in county jail [...]

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Carjacking - Orange County criminal defense

May 19, 2009

In another post, I discussed the crime of robbery.  Although robbery can apply to the taking of any property by force, if the property taken is a motor vehicle (including cars, trucks, motorcycles and scooters), it can also be charged under Penal Code section 215 - Carjacking.
Carjacking is taking of a motor vehicle from a [...]

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DUI & blood alcohol levels - Orange County DUI defense lawyer

March 13, 2009

Intoximeter, the company that manufactures the blood alcohol meters used by many law enforcement departments, has an on-line blood alcohol measurement program, the “Drink Wheel” (it got its name from the cardboard novelty models with a rotating wheel in the center that you used to line up the number of drinks to determine your blood [...]

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