Month: August 2022 Archives

Resisting Arrest Charge The United States Constitution guarantees every American the right to free speech and assembly and to be free from unreasonable searches and seizures. Sometimes, however, those rights conflict with an order from a law enforcement officer who commands you to do something or tries to put you under arrest. Disagreeing with the police is your right, but that right can sometimes become limited during an encounter with the police and lead to a resisting arrest charge.  You’re not alone if you think that seems confusing and vague. Lawyers, law enforcement agencies, and the courts constantly wrestle with where to draw the line between lawfully disagreeing with a police officer and unlawfully resisting arrest. Let’s take a look…

Misdemeanor and felony crimes in California are generally punishable by terms of incarceration. However, that doesn’t mean that everyone convicted of a crime in California will spend time in jail or prison. Many can receive favorable probation terms that allow them to serve their sentences without being incarcerated. To get probation instead of incarceration in California, you must be eligible and your criminal defense attorney must convince a judge that you deserve to receive it in place of jail or prison time. Here’s a look at the legal and factual considerations that go into whether the judge agrees to your lawyer’s request.  California’s Definition The California Penal Code defines probation as “the suspension of the imposition or execution of a…

Are Police Officers Allowed to Lie As criminal defense lawyers, we constantly have to battle against popular myths about what the police can and cannot do. One of the most common misconceptions we hear from our clients who face criminal charges has to do with whether the police can lie to you. So, let’s get that cleared up right away.  Are police officers allowed to lie? In California, the police are allowed to lie to you in the course of investigating crimes, including when interrogating you as a criminal suspect. However, there are limits to police lying, too. Law enforcement may not use lies to produce a false confession or coerce someone into waiving a constitutional right. Let’s take a…

How Does Bail Work Bail is a form of financial guarantee that you will show up in court at a future date to face criminal charges against you. A person released “on bail” has given a judge an adequate basis to believe that they will not flee or pose a danger to the community while charges are pending.  How does bail work in California? Traditionally in California, “posting bail” has involved depositing money or security with the court as assurance of your future attendance at a hearing or trial. However, the California Supreme Court recently held that it is unconstitutional to hold someone merely because they cannot afford bail, leaving California’s bail system in flux and suggesting the possibility of…