In television and movies, the suspect almost always knows the police are investigating them and acts accordingly. But in real life, things are rarely so obvious. You do not legally have to be informed of an investigation, and police often prefer not to notify someone that they are a suspect until they formally charge them […]
What to Do (and Not Do) During an Arrest in Vista
Protecting your rights starts from the first time you speak with a police officer, which is why it’s important to remain silent when you’re being placed under arrest.
Is Lying to the Police a Felony in California?
You can’t be charged with obstruction of justice if you refuse to speak with the police, no matter how many police procedurals say otherwise. But while you have the right to remain silent (as long as you do it right by properly invoking your Fifth Amendment rights) and to have a lawyer present when you […]
Is a Broken Tail Light Illegal?
At one point or another, just about everyone has driven with a cracked tail light cover or a broken brake light. Generally, police won’t stop you for these infractions, but if they do, the infraction alone isn’t enough to justify a police search or a breathalyzer. Unfortunately, police still often use these types of minor […]
Meeting a Minor for Lewd Purposes Attorney
In California, it is illegal to engage in a sex act with a minor and to attempt to meet with one for lewd purposes. Under California Penal Code section 288.4 (PC), you can be charged with the solicitation of a minor, even if the other person involved was actually an adult. The laws concerning sexual […]
What Interrogation Techniques do Police Use?
When you are accused of a crime, the police will often work on coaxing you to confess —even if you didn’t actually do it. To do this, police officers rely on several tried and true interview techniques, such as the well-known good cop/bad cop technique. While a skilled criminal defense attorney may be able to […]
Debunking the 10 Most Commonly Believed Legal Myths
Many shows, books, and movies depict the legal system, but because writers need to be concerned with conciseness and ratings, they often fall back on common misconceptions. Unfortunately, when myths spread enough, the public starts to accept them as accurate, but no matter how much people believe these ideas, it doesn’t change how the criminal […]
Refusing to Speak to the Police is Not Obstruction of Justice
If you watch police dramas, you’ve almost certainly seen one of the cop characters threaten someone by telling them that if they don’t cooperate with an investigation, they’ll be charged with obstruction of justice. But refusing to talk to the police isn’t just your right, it’s also your best course of action when being questioned […]
Invoking Your Right to Remain Silent
Anyone familiar with the US Constitution knows that the Fifth Amendment protects citizens against self-incrimination. However, most people don’t know that the Supreme Court has ruled that your silence can be incriminating if you do not directly state that you are using this constitutional right. Failing to invoke your rights while staying quiet is considered […]
