The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer. If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal… Read the Rest

The BIG 10 from the Constitution

The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur. Fundamental RightsHere are the main federal constitutional rights guaranteed to criminal defendants in… Read the Rest

California Field Sobriety Tests for DUI

Field “Sobriety” Tests in California are OPTIONAL!! Most people don’t realize that field sobriety tests in California are completely optional. The police officers who pull you over and give them to you will not tell you this, nor are they required to, but they are optional. You are absolutely within your rights to politely refuse to take the California Field Sobriety Tests in their entirety. In other words, “Just Say NO, Thank You!” The officer will probably tell you that if you do not comply, he or she will have no alternative but to arrest you. For starters, that is… Read the Rest

Your Rights in a Criminal Investigation

If you know or even suspect that you a subject in a criminal investigation, it is critical that you consult legal counsel immediately. Everything and anything you do and say right now can have a dramatic effect on the outcome of your case. Law enforcement is trained to lure you into saying the wrong thing – they are NOT after the truth, they are after YOU! No matter what, do not speak to or trust anyone other than your defense attorney. Remember that the goal of law enforcement is to build cases that can lead to a criminal conviction. Prosecutors… Read the Rest

Fourth Amendment Rights and Search Warrants

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures. Fourth Amendment protections only apply to government action. In addition, in order for a person to have Fourth Amendment rights, the person must have a reasonable expectation of privacy in the area that is searched. Generally, people have a reasonable expectation of privacy in premises that they own or have a right to possess and in their homes. There is generally no expectation of privacy in things held out to the public. Generally, for a search to be considered reasonable, the police must have a… Read the Rest