What Types Of Criminal Cases Does Your Firm Typically Handle?
We handle all types of criminal defense cases, from the smallest misdemeanors all the way to the most serious felonies. Common misdemeanors are petty theft, DUI, minor burglaries, vandalism, domestic violence and misdemeanor sexual assault cases. There are many misdemeanor crimes and my office handles all of them. I handle very serious sexual assault crimes like rape, child molestation, and child pornography. I also handle serious fraud crimes, including white-collar fraud, embezzlement, workers’ compensation and premium fraud by employees and employers. In addition, I handle gang-related cases, murder and attempted murder cases, and various types of felony violent crimes cases.
How Do People Unintentionally Hurt Their Criminal Cases In California?
People unintentionally hurt their criminal cases by speaking to the police or others about the alleged crime. Usually this is done in an effort to make the situation better, but they will end up lying about a small or large detail that the prosecution will use against them. For example, in a rape case, the suspect may say they have never met the alleged victim, but the police may have already found the suspect’s DNA on the victim.
People also unintentionally hurt their cases by speaking to the accuser by telephone, text or social media like Snapchat, Facebook or Instagram in an effort to make the situation better, thinking that the case will go away. Most people make the mistake of believing that social media and text messages are not available to law enforcement, especially once the messages are deleted or because they are allegedly temporary posts, as in Snapchat. This is a huge mistake, as law enforcement has many forensic tools to gather this information and often secures search warrants form the court for that purpose. People will also try to handle these cases without getting a lawyer’s help. Ten times out of ten when the accuser calls and speaks with someone on the telephone or via text messages or social media. The communication is being monitored and recorded by the police. The suspect might make admissions by apologizing or offering to pay or saying something that will cause them great difficulty in their defense down the line. Even if they are innocent, they will say things that will make their defense more difficult. This is either done out of fear or just trying to placate the accuser. Invariably, the State will use this information in a negative fashion against the accused. Under no circumstances should someone accused of a crime apologize via any electronic communication. This will ALWAYS be used as an admission of guilt.
Another way to harm a case is by disposing of the evidence or trying to influence the testimony of the witnesses or accusers. For example, in a domestic violence case, the accused person will try to discourage the witness to not come forward and testify. As a result, they will get hit by another felony charge for intimidating or dissuading a witness. This will also negatively affect their credibility if the case goes to trial.
How And When Do Miranda Rights Come Into Play In A Criminal Case?
There is a public misconception about Miranda rights. So many citizens do not know their rights and will speak with the police when they absolutely have the right not to. Miranda rights only come into play when a person is both under arrest and being interrogated or questioned. If someone speaks to the police voluntarily while they are not under arrest or in custody, then the police have no obligation to read the Miranda rights. The Miranda rights definitely do not come into play when a person is in their own home unless they are not permitted to leave or move about the home or the police won’t leave when they’ve been asked to leave. There are United States Supreme Court opinions regarding these situations.
Miranda rights do not come into play when someone has been pulled over at a traffic stop. If someone is pulled over for a missing brake light or speeding and the officer smells alcohol, then they can begin a DUI investigation. Under such circumstances, the person would be detained as opposed to put under arrest, which is an important distinction. The police also have the right to walk up and begin speaking to someone in pubic, and if the person agrees to talk, then the officer would have no obligation to read the Miranda rights; it would be up to the citizen to say that they don’t want to talk to the police.
For more information on Criminal Cases In The State Of California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 769-1200 today.