CRIME LAW

A day in the Life.

What You Should Know About California DUI Lawyer

clearwaterduilawyer:

California DUI Lawyer Any California DUI Lawyer will tell you that DUI laws in California are some of the strictest in the United States and could cause months, years, and even a life time of adverse repercussions. The DUI laws are complex due to all of the variables that can be associated with a DUI situation. How the drunk driver is treated and how fines are imposed rely on a variety of factors. Somebody without a lawful education and encounter with California s DUI laws may not be able to completely comprehend the laws, so contacting a California DUI lawyer if you ve been arrested for DUI is very important to your situation. These attorneys understand the complexities of the legislation and have accessibility to professional witnesses, every one of which could help you to construct a more powerful protection. California DUI In California, there are 2 parts to a DUI case. One component focuses on the defendant being impaired to securely run an automobile at the time of the arrest. T

Standardized Field Sobriety Tests: They Don't Work

daytondui:

Standardized field sobriety tests are divided attention tests, meaning that if there is a problem that is affecting the driver’s ability to concentrate, it will also affect how he or she performs on the test. What could affect a person’s concentration more than the flashing lights of a police car in the middle of the night while attempting to walk in a straight line.  This does not even take into account that some people cannot and should not be screened by standardized field sobriety tests because they would find these tests difficult to pass even under ideal conditions.  Police officers are not scientists.  As such we see scientific gains stymied by human error or incompetence when it comes to the administration of standardized field sobriety tests.  It is vital that your DUI defense attorney understand and implement the latest science in your defense.

thesmithian:


A foreign national living in the United States on a work visa is arrested on suspicion of driving under the influence of marijuana, alcohol and prescription drugs, while drag racing in a residential area. Given the climate of hostility toward immigrants in many parts of the country, and the Obama administration’s love affair with deportation, you’d half expect him to be sitting in a holding cell awaiting a one-way trip out of the country. At least you would expect that if he were poor, obscure and, say, Hispanic. But what if the malfeasant were wealthy, famous and, say, Justin Bieber?

more.

thesmithian:

A foreign national living in the United States on a work visa is arrested on suspicion of driving under the influence of marijuana, alcohol and prescription drugs, while drag racing in a residential area. Given the climate of hostility toward immigrants in many parts of the country, and the Obama administration’s love affair with deportation, you’d half expect him to be sitting in a holding cell awaiting a one-way trip out of the country. At least you would expect that if he were poor, obscure and, say, Hispanic. But what if the malfeasant were wealthy, famous and, say, Justin Bieber?

more.

portiaofourchambers:

via.
This is a pretty helpful infographic, but like most “know your rights” information out there, it raises more questions than it answers.  
Generally speaking, I tell clients, friends and family that in a police encounter the best thing to do is be respectful and truthful. If you don’t feel like you can tell the truth without getting into trouble or arousing further suspicion, ask if you are free to leave, and if you are told you are not free to leave, inform the officer that you will not be answering any more questions until you have spoken with an attorney.  Then just stand your ground, continue to be respectful and polite but don’t say anything more.
"I’m sorry, officer, I don’t consent to searches," is a great phrase to have in your back pocket.  And you guys — don’t consent to searches.  Even if you believe you have nothing to hide.

portiaofourchambers:

via.

This is a pretty helpful infographic, but like most “know your rights” information out there, it raises more questions than it answers.  

Generally speaking, I tell clients, friends and family that in a police encounter the best thing to do is be respectful and truthful. If you don’t feel like you can tell the truth without getting into trouble or arousing further suspicion, ask if you are free to leave, and if you are told you are not free to leave, inform the officer that you will not be answering any more questions until you have spoken with an attorney.  Then just stand your ground, continue to be respectful and polite but don’t say anything more.

"I’m sorry, officer, I don’t consent to searches," is a great phrase to have in your back pocket.  And you guys — don’t consent to searches.  Even if you believe you have nothing to hide.

I like to present prison as a small village. We have school, health services, a library, they are running their own shop. This is an area for building up trust and responsibility. To take charge of your own life. So we are training inmates to be aware that you are a part of something bigger. Whatever you do outside yourself, the soil, or a human being, it comes back to you.

Prison Warden of Bastoey Prison in Horten, Norway.  This prison houses serious offenders (murder, rape, drug trafficking, etc.).  In Norway, there is no death penalty, and the maximum sentence for most offenders is 21 years.  The focus of the system is therefore on rehabilitating prisoners under relatively relaxed conditions so they don’t harbor resentment towards society or develop psychoses from the conditions of their confinement.  As one prisoner puts it: “Here, it’s normal.  So you can act normal when you get out.” (via letterstomycountry)

EXCLUSIVE: Cops sexually assault mother, break 10-year-old son's leg, claims lawsuit

letterstomycountry:

Another day, another cop kicking a 10-year old and breaking his leg who “looked up” to the police, and then humiliating his half-naked mother in public:

Silvera’s 61-year-old mother, who is suffering from brain and lung cancer, answered the door but had difficulty understanding the cops’ reason for being there, the suit said.

The curious child went to see what was going on, grabbed his mother’s cell phone and began recording the commotion.

“The police had come to our house before (due to the domestic violence complaint) and he’s fascinated by the police, he looks up to them,” Silvera, 30, a nursing student at Long Island University, told the Daily News.

But the cop apparently didn’t like being recorded and began assaulting the child, the suit said.

“I heard my son screaming, ‘You can’t do that! You’re hurting me! Don’t hit me!’ ” she said.

The mother had been upstairs getting her 5-year-old daughter ready for school. She bolted downstairs into the fray, dressed in her underclothes, and was grabbed by a cop who pulled her outside in the freezing cold, the suit alleges.

While Silvera was being restrained, her breast popped out of her bra revealing a pierced nipple, according to the suit.

“The officer flicked the piercing, he flicked the ring up with his finger on my right breast,” she said. “He said, ‘Is this what mothers look like these days?’

“My neighbors saw me naked. It was degrading. I can deal with the embarrassment of what (the police) did to me in front of my neighbors, but the hardest thing is explaining to my kids that not all police are bad,” she added.

So here we have another young person who may have grown up to be a police officer, but after having his leg broken and watching his mother be humiliated, his opinion of law enforcement will probably be something less than sterling.  When police behave like this, whether they know it or not, they are influencing future generations to distrust the police.  This undermines public safety by reducing confidence in the criminal justice system, which in turn, means victims are less likely to come forward, and witnesses are less likely to cooperate.  Oh, and the taxpayers will probably be on the hook for it when the city tries to settle this case.  So  basically, everybody loses.  Except the police officer who abused his authority.

[A] person convicted of a crime today might lose his right to vote as well as the right to serve on a jury. He might become ineligible for health and welfare benefits, food stamps, public housing, student loans, and certain types of employment. These restrictions exact a terrible toll. Given that most offenders already come from backgrounds of tremendous disadvantage, we heap additional disabilities upon existing disadvantage. By barring the felon from public housing, we make it more likely that he will become homeless and lose custody of his children. Once he is homeless, he is less likely to find a job. Without a job he is, in turn, less likely to find housing on the private market—his only remaining option. Without student loans, he cannot go back to school to try to create a better life for himself and his family. Like a black person living under the Old Jim Crow, a convicted criminal today becomes a member of a stigmatized caste, condemned to a lifetime of second-class citizenship.

—James Forman, Jr., Racial Critiques of Mass Incarceration: Beyond the New Jim Crow87 N.Y.U. L. Rev. 21, 28–31 (2012). (via letterstomycountry)