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In 1966, the Supreme Court ruling of Miranda vs. Arizona created the “Miranda Warning” or more commonly known as the “Miranda Rights.” Police officials inform accused parties of their Fifth and Sixth amendment rights as part of due process of the law.

Being arrested and not read your Miranda Rights does not automatically result in a dismissal of a criminal case but it may help you in determining what charges will be held against you in court. If an officer doesn’t read you your rights and you say anything, any statements made may be dismissed as evidence during a trial.  

What Are The Miranda Rights?

It’s important to know what your rights are as a citizen, particularly when being placed under arrest. The presiding officer should before, during, or after arrest repeat the following:

  • You have the right to remain silent.
  • If you do say anything, it can be used against you in a court of law.
  • You have the right to have a lawyer present during any questioning.
  • If you cannot afford a lawyer, one will be appointed for you if you so desire.

It’s commonly suggested that when being put under arrest that you remain silent and wait to contact an attorney for legal advice.

Following the Miranda vs. Arizona ruling, there were three more important cases that ensure citizens to their fifth and sixth amendment rights. The Miranda Warning is complex. If you were not read your rights and feel If you were arrested and charged with a crime, then Louis J. Goodman could explain your rights and possible defense options. You may call our law office for a free consultation. Call (510) 582-9090 or use our online case review form.

When a witness is brought in for questioning, they may be asked to provide evidence that could potentially incriminate them. The Fifth Amendment, however, protects witnesses from sharing incriminating information against themselves should it be invoked, and the witness refuses to answer any more questions. However, it is possible for an investigator to push past this privilege and obtain the information they require. By offering the witness immunity, the witness could avoid prosecution in exchange for a testimony.

The broadest type of immunity that is usually granted is transactional immunity. Also known as “total” or “blanket” immunity, transactional immunity offers complete protection from future prosecution for anything mentioned in the witness’ testimony. Keep in mind, however, that transactional immunity does not protect against prosecution for unrelated crimes mentioned in the testimony. Further, transactional immunity is not offered by the federal system, so it may not be offered as readily as one might think.

Used by both federal and state systems, use and derivative use immunity is a common but narrower type of immunity that could be offered to the witness.  This immunity stops the prosecution from using the witness’ statements or the evidence derived from those statements against the witness. Use and derivative use immunity does not protect against additional investigation, on the part of the prosecution, into crimes mentioned by the witness. Charges could be brought against the witness for their mentioned crime only if independent evidence is provided proving the crime. If independent evidence separate from the testimony is not provided, the judge could block the use of the immunized testimony.

A witness can also waive immunity if they wish. Immunity can be waived using a written statement, testifying before immunity is granted, or by not asking for immunity in a timely manner. When a witness waives immunity, the previously immunized testimony can be used in the case. However, before you consider waiving immunity, meet with criminal defense lawyer beforehand. Our team at the Law Office of Louis J. Goodman can protect your rights and interests as a witness.

marijuana DUIIn many cases, people are accused of stalking even though under the definition of the law, they did not commit any acts that would be considered stalking in California.

Definition of Stalking in California

CA.gov features a page on stalking in California. The page has a section on it regarding behaviors that are defined as stalking. These behaviors include the following:

  • Spying – This can include cyberstalking, literally hiding and spying or showing up at an event and keeping watch.
  • Threatening – Making threats that cause the victim fear or apprehension, such as threatening to enter the victim’s home.
  • Monitoring – Keeping track of the victim’s activities by following them online through their social media pages, using a GPS device or questioning the victim’s friends and family about the victim’s activities and whereabouts.
  • Harassing – Making several calls to the victim that are harassing in their frequency or due to their content.

There are several defenses that can be used if you have been accused of stalking. To learn more about what happens if you are accused of stalking in California and what you should do about it, call the Law Office of Louis J. Goodman. Criminal defense lawyer Louis J. Goodman has been successfully protecting the rights of people charged with stalking. Contact our office today to schedule a free consultation to discuss your situation with him.

Attorney Louis J. Goodman, speaks about guns and gun charges in the State of California. Watch as he sheds light on legal matters concerning this issue.