Crime Justice & America

DUI cases differ from most criminal cases because they are one of the few misdemeanors for which California law requires a certain mandatory minimum sentence. Almost all other misdemeanors convictions, even much more serious ones, carry no mandatory minimum sentence: Your attorney is free to negotiate the best sentence possible with the D.A. and the Judge, which may result in only be a small fine and probation.

By MARK J. SULLIVAN, Certified Criminal Defense Specialist

Whether you’re the defendant or a witness, proper preparation – following the lawyer’s advice – can be the single most important thing you can do to affect the outcome of the case

1) LISTEN TO THE QUESTION

· Under the reign of Elizabeth I, any person found guilty of "harboring a Catholic priest" would be tortured or even hanged. Any priest of the Catholic faith that was caught would be hanged, drawn, and quartered.

· With the exception of carrots, most goods may not be sold on Sunday.

· All English males over the age 14 are to carry out 2 or so hours of longbow practice a week supervised by the local clergy.

· London Hackney Carriages (taxis/cabs) must carry a bale of hay and a sack of oats. (Repealed 1976)

By Katie Daniel

Demographics: The characteristics of human populations and population segments, especially when used to identify consumer markets. The American Heritage Dictionary, Fourth Edition

Driving to work, a gentleman had to swerve to avoid a box that fell out of a truck in front of him. Seconds later, a policeman pulled him over for reckless driving. Fortunately, another officer had seen the carton in the road. The policeman stopped traffic and recovered the box. It was found to contain large upholstery tacks.
"I'm sorry sir," the first trooper told the driver, "but I am still going to have to write you a ticket."
Amazed, the driver asked for what.
The trooper replied, "Tacks evasion."

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By Randy Moore
Attorney at Law
Santa Clara and Alameda County

I recommend that anybody confronted by police exercise their constitutional right to remain silent and not incriminate themselves. Why? It was commonplace in Nazi Germany to hear “you will talk if you have nothing to hide.” The shocking truth is that innocent people get arrested and convicted of crimes every year. Another shock is how many accused citizens find out that without their own statements, the police would be left without enough evidence to charge or prove a criminal accusation.

1. Not taking the matter seriously. This is a charge that could follow you for years, if you are convicted. The DMV records it for years. It is a “prior criminal conviction” for 7 years. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company may also cancel or raise your rates by thousands of dollars based on your conviction. You face probation for 3 to 5 years, jail, drinking driver programs, and license suspension. And finally, it is alarming how many are affected in their employment.

Question: A police detective called me to the police station. When I got there he took me to an interview room and told me I was not under arrest, and was free to leave, but he wanted to talk to me about an investigation he was conducting. He did not advise me of my Miranda Rights, but assured me if I told the truth, everything would be O.K. I agreed to talk and made a number of statements. After I finished, the detective said he didn't believe me and arrested me. Now the D.A. is trying to use my statements against me. Can they do that?

Peter K. (Fremont, California)

Emergency 9-9-9

In England, citizens dial 9-9-9 rather than 9-1-1 for emergency assistance. As in the United States, the number is intended for life-and-death situations only. As in the United States, it doesn’t always work out that way. These are actual transcripts from England’s Avon and Somerset Constabulary (you can hear these actual calls, and others, online at http://www.avonandsomerset.police.uk/communications/examples_of_999_call...)

Communications operator: "Police Emergency..."