Should You Answer Police Questions?
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Should You Answer Police Questions?

Should You Answer Police Questions?

Dealing with law enforcement in any capacity can be disconcerting. This is particularly true if you were arrested for a crime or if you’re considered a suspect or person of interest in relation to a crime. You will undoubtedly be asked a multitude of questions, but should you answer them? Here’s what you need to know.

You Must Identify Yourself

When approached by a police officer, whether you are pulled over while driving or are approached any other capacity, you must identify yourself. You do not have the right to deny identifying yourself to a police officer, even if you’re not being arrested.

You Do Not Have to Answer Other Questions

Beyond identification, you aren’t required to answer questions you are asked by police. For example, a police officer may ask:

  • Where are you coming from?
  • Where are you going from?
  • Have you been drinking?
  • How much have you had to drink?
  • When was the last time you had a drink?
  • Have you smoked marijuana?
  • When was the last time you used drugs?
  • Where were you at X time on X date?

These are questions you can simply reply “no comment” to. Even if you’re completely innocent, answering these questions may provide a police officer with words that can be used against you in court.

Consent to Search

You do not have to consent to a search if you are asked to search your person or property. Police legally cannot search without a warrant or without probable cause. However, they often initiate a search anyway and look for probable cause later. The police can search your property without consent, but make it clear that you do not consent in order to protect your rights later on. If police decide to search without a warrant and without your consent, you cannot stop them or interfere.

When to Contact an Attorney

If you’ve been arrested, you should contact a criminal defense attorney as soon as possible. However, even if you are simply a suspect, you should consult with a lawyer to learn about your rights. At Riverside Criminal Defense, we have the skills and resources to help protect you when you’re interacting with law enforcement. Contact us for a consultation today by calling 951-384-7375.

Actual Drug Possession vs Constructive Possession

Actual Drug Possession vs Constructive Possession

A drug arrest is a frightening experience. However, it’s important to understand your legal rights and the basic laws surrounding drug crimes. This knowledge will help you mount the best possible defense. How you are charged depends on where the drugs were found in relation to your person. Here’s what you need to know about actual drug possession versus constructive possession.

Actual Drug Possession

Actual drug possession is when law enforcement officials find drugs on your person or in your exclusive property. For example, if cocaine was found in your pocket or your gym locker that only you had access to, this is actual possession.

While drug charges with actual possession are more challenging to fight, a successful option is to challenge the validity and lawfulness of the search. If the search is unlawful, whatever evidence was found in the search — including drugs — cannot be entered into court. If police found drugs in your pocket, but had no probable cause to search you, the evidence would be dismissed. It would be difficult for a prosecutor to prove that you possessed drugs when the drugs are unable to be entered as evidence.

Constructive Drug Possession

Constructive possession is when drugs are found in a place that you had access to, but not exclusive access. If you are driving your spouse’s car and drugs are found in the glove compartment, the prosecution could argue that you also had access to it. Since it’s your spouse’s vehicle, it would be reasonable to expect that you had knowledge of the drugs’ presence. If you drove a friend’s car, however, it could be argued that you did not know about the drugs.

When to Contact a Criminal Defense Attorney

If you are charged with actual or constructive possession of drugs in California, it’s critical to have an attorney on your side fighting for your rights. Contact Riverside county criminal defense lawyer today for more information and a consultation to discuss your case in detail by calling 951-384-7375. We are available now to assist you.

California Wobbler Crimes 101

California Wobbler Crimes 101

In California, many crimes are “wobbler” crimes. This means they are charged as either a felony or a misdemeanor depending on the case’s circumstances. If you are charged with a wobbler crime, protect your rights and work with an experienced criminal defense attorney.

Types of Wobbler Crimes

There are many wobbler crimes under California’s Penal Code. However, the most commonly seen include but are not limited to:

  • A multitude of fraud charges
  • Burglary
  • Spousal battery
  • Assault with a deadly weapon
  • Many sex crimes, including lewd conduct with a minor and sexual battery

Why Is It Important to Fight Wobbler Crimes?

It is in the best interest of the defendant to be charged with a misdemeanor. There are stringent penalties facing convicted felons, including extended incarceration, the loss of the right to vote, and the loss of the right to own a firearm.

Whether a crime is charged as a felony or a misdemeanor depends upon the facts of the case and the defendant’s criminal history. So, if the defendant has no criminal history, this may work in his or her favor. Also, a solid defense in wobbler cases is arguing that the crime was not premeditated or malicious. In cases of spousal battery, a criminal defense lawyer may argue that his or her client was merely defending themselves against a physical attack by their spouse.

There are many ways to fight wobbler crimes, making the presence of a skilled attorney even more important. Your attorney can help you uncover evidence that can be used in your favor to reduce the charges. In some cases, evidence may allow the charges to be dismissed altogether.

When to Contact a Lawyer

If you are arrested for a crime, or even if you’re simply being investigated as a person of interest in a crime, it’s crucial to contact a lawyer right away and invoke your right to remain silent. You don’t have to answer any questions. Your lawyer will guide you through the various steps of the criminal process. At Riverside Criminal Defense, we have your best interests in mind and will always let you know where you stand in your case and what to expect next.

Contact us today for a consultation by calling 951-384-7375.

How to Handle a DUI Traffic Stop

How to Handle a DUI Traffic Stop

What you say and do during a traffic stop has a significant impact on whether or not you are arrested on a drunk driving offense. Here’s how to handle a DUI stop and how to get legal help if you’ve been charged.

Remain Polite and Calm

The most important thing you can do during a traffic stop is have a good attitude. Don’t show anger or frustration over being stopped. Instead, remain polite and calm.

Provide Your License and Registration

The first thing the police officer will ask you for is your license and registration. By law, you must provide this. If you must reach into your purse or glove box to obtain these documents, inform the police officer where the documents are and ask permission to retrieve them. Do not reach for your purse or glove box without first letting the officer know.

Do Not Answer Questions

As the officer is reviewing your license and registration, he or she is likely going to ask you questions like, “How are you,” “Where were you coming from,” and “Where are you going?” You do not have to answer these questions. You can simply let the officer know that you have no comment. The officer cannot force you to speak nor will there be any legal consequences if you choose not to.

Do Not Agree to Field Sobriety Testing

If the officer suspects you may be intoxicated, you will be asked to step from the vehicle. This is a lawful request which you must abide by. But you may ask why, and the officer will likely say that they would like you to perform field sobriety testing. You may decline to do so, but remember to remain polite.

Remember There Are Consequences to Refusing BAC Testing

You may be asked to take a breathalyzer test. You do not have to, but refusal may mean the suspension of your license. Typically, you may refuse a breathalyzer test and ask to be taken to a hospital or the police station for a blood test, but this usually means you will be taken into custody.

Contact a Lawyer as Soon as Possible

If you are placed under arrest, even if you are sober or you do not believe the arrest to be lawful, you do not have the right to resist. Instead, contact an experienced dui lawyer in riverside county as soon as possible and speak only with your attorney about the case. Contact Riverside Criminal Defense today by calling 951-384-7375.

Why Hire a Former Prosecutor for Your Criminal Defense Case

Why Hire a Former Prosecutor for Your Criminal Defense Case

Criminal charges are taken seriously, no matter whether you were charged with a misdemeanor or a felony. Both have the potential to wreak havoc on your life and leave you with a permanent criminal record. When charged with a crime, protect your rights and hire a seasoned criminal defense lawyer. But should your lawyer also be a former prosecutor?

What a Former Prosecutor Can Bring to a Criminal Defense Case

A former prosecutor has knowledge that your typical criminal defense lawyer does not. This includes an inside look at the strategies the prosecution might use to gather evidence against you and how they attempt to prove your guilt. This knowledge is used to your benefit by allowing your lawyer the opportunity to counter the prosecution at every turn. In many cases, prosecutors rely on surprise, leaving the defendant’s legal team without a prepared response to a particular strategy. With a former prosecutor on your side, surprise attacks are something you don’t have to worry about.

Relationships With Area Officials

A former prosecutor will have developed relationships of officials in the area, including other prosecutors and judges. Your lawyer can then inform you of details that can be helpful during plea deal negotiations or trial. For example, a judge may be particularly harsh on certain types of cases, or may prefer when defendants dress a certain way. These details may be small, but it’s critical to make a good first impression on the judge and any other officials who may be working with you. Ask your attorney if you should be aware of any behaviors, mannerisms, or preferences of the judge and other individuals on your case.

Contact Riverside Criminal Defense Today

When you’ve been charged with a crime, your life depends on who you hire to represent you. You can’t afford to have an inexperienced lawyer who might fumble the ball at a critical point in the game. A former prosecutor is comfortable in the courtroom and has specialized knowledge that can help give your case a strong legal edge. Contact Riverside Criminal Defense for a consultation today to discuss your case in detail by calling 951-384-7375. Riverside county defense attorney are available now to help you defend your rights under California law.