Your Right Against Self-Incrimination: When Does It Apply?
Your Right Against Self-Incrimination: When Does It Apply?
We hear it all the time, "he took the 5th…she pled the 5th". Your constitutional right against being forced to incriminate yourself follows you where ever you go! Whether you're participating in a civil trial, a criminal trial, a juvenile matter or even an administrative hearing, you cannot be forced to testify or give a statement if doing so would tend to incriminate you. The right applies to all citizens-even…
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When I Am A Witness In A Criminal Case When Do I Have To Go To Court To Testify?
Whether you have to come to court to testify as a witness in a criminal case depends upon whether you are served with a valid subpoena. The fact that you were a witness to a possible crime does not mean you must go to court to testify. The fact that you gave a statement to a police officer does not mean you must go to court to testify. You only…
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If I was arrested but the charges were dismissed, can my employer legally find out about it? (Penal Code Section 851.8)
There is good news for those of us who have been arrested but not convicted of any crime. If you live in California your employers cannot find this information. This is because there is a California state law that says that an employer cannot obtain information regarding "arrests or detentions" that do not result in convictions. This law also applies to prospective employers. When you apply for a non-government job…
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Governor Brown Signs Law That Will Prohibit Employers From Demanding Password And Log In Information From Employees For All Social Sites
As of today, September 28, 2012, your boss cannot demand as a condition of your employment that you provide him with your facebook or twitter password or log in information. Over the last few years, with social media has become very popular many employers were demanding that a possible employee provide facebook information so the employer could do a "check" on the content of their facebook account. This is no…
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If I am sentenced to one year in county jail how much of the one year will I actually serve in custody?
This is a question we are often asked. The answer to the question depends upon several factors. Under California law for most crimes, if you are sentenced to one year in county jail you will actually serve 50% of that sentence or six months. However, there are certain more serious crimes, where you could serve as much as 80% or 85% of the one year sentence. These crimes are normally…
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Is it legal for a department store to order me to empty the contents of my purse if they suspect me of stealing? PC 484
The answer is YES. If you decide to shop in a department store and the store security personnel believe you have stolen an item from their store they have the right to stop and detain you when you attempt to leave the store. At the time they stop you they often will have you go into a private room where you will be questioned. If security officers believe that you…
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What can I do if I lied to the police and told them I was raped when I really consented to having sex with a guy I met at a bar? (CVC 31 and PC 118)
When you lie to the police you have committed a crime. California Vehicle Code Section states as follows: "No person shall give, either orally or in writing, information to a peace officer while in the performance of his duties under the provisions of this code when such person knows that the information is false." You can face up to 6 months in jail and be ordered to pay a $1,000.00…
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Governor Brown Must Sign Trust Act So That The Police Will Not Deport Those That Have Lived In The United States For Many Years
By September 30, 2012 Governor Brown must decide whether to reduce California's cooperation with Secure Communities, a federal program that uses the fingerprints of those arrested to find and deport illegal immigrants, or to continue to allow state and local jails to hold immigrants for deportation when arrested for committing any offense. By signing the TRUST Act, Governor brown will prohibit state and local jails from holding immigrants for deportation…
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La Puente High School Soccer Players Accused Of Sexual Assault And Hazing (PC 243.4)
Members of the La Puente High School soccer team have accused several teammates of sexual assault, penal code 243.4 and hazing that allegedly took place over a two year period. The alleged victims have retained a lawyer to sue the alleged perpetrators. It is possible that the students may also decide to bring a lawsuit against the school district. The allegations are that at least four members of the soccer…
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What If I Am Arrested And Bail Out And Come To Court And There Are No Charges Filed? Am I Off The Hook Or Can The DA Still File Charges Against Me Later?
Unfortunately you are not off the hook. When you were arrested you were given a date to appear in court. You showed up but you were told your case "had not been filed". If you were smart you had a lawyer appear with you and he had your documents "stamped" to prove you appeared. However, this doesn't mean the DA cannot file charges on you. There are many reasons that…
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