Not A Lawyer
Apr. 3rd, 2011 09:21 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
drewkittyI am not an attorney. However it has come to my attention that certain fans may be dealing with certain legal problems. None of this is legal advice.
If Questioned By Police
Google search for "Don't Talk To Police" -- let the pros explain better than I ever could. Defense attorneys and police agree: a closed mouth gathers no convictions.
Anyone who talks to a police officer during a criminal investigation without a lawyer present is a fool. Only the lawyer knows when it is illegal for you to lie, for example. (It is often legal for the police to lie! Except in court, but that has been known to happen too.)
Q. How do you know a criminal investigation is in progress?
A. You can see the officer's lips moving.
If I Were Arrested
I would shut up and do as I am told, with one exception -- the only piece of paper I will sign is a "Notice to Appear" (citation) or a valid and accurate personal property receipt during booking. Even then, I'm going to read them carefully first. I would sign nothing else. I would be prepared to be very bored and very patient. I would talk to no one. My three phone calls would be to friends who can call other friends and help with the process. I would talk to no one about what happened except my criminal defense attorney.
You Do Not Want To Be Arrested?
1) Do nothing illegal.
1a) Shut up if you think it might be.
2) I said in a very public setting, a panel at BayCon in fact, "One should never unknowingly break the law."
This is an alternative community where some people appear not to know that certain actions are frowned upon by the criminal law -- or how severely they are frowned on. (I must add, with some snark, that this ignorance appears to extend to fannish 'security' organizations.)
Three excellent resources for the California criminal law, accessible to the layperson, include:
- Shouse Law Group's excellent summary of many major criminal offenses
- Nolo Press resources for Criminal Law
- California Criminal Jury Instructions
The PDF under that link is long and an arduous read, but it is the final word on exactly what does and what does not complete the elements of certain criminal acts in California. It includes case law. The raw text of the law is accessible at California Legislative Information but does not include case law. Depending on a literal read of the law can get you into very deep waters.
Best wishes and no outing people in comments please.
If Questioned By Police
Google search for "Don't Talk To Police" -- let the pros explain better than I ever could. Defense attorneys and police agree: a closed mouth gathers no convictions.
Anyone who talks to a police officer during a criminal investigation without a lawyer present is a fool. Only the lawyer knows when it is illegal for you to lie, for example. (It is often legal for the police to lie! Except in court, but that has been known to happen too.)
Q. How do you know a criminal investigation is in progress?
A. You can see the officer's lips moving.
If I Were Arrested
I would shut up and do as I am told, with one exception -- the only piece of paper I will sign is a "Notice to Appear" (citation) or a valid and accurate personal property receipt during booking. Even then, I'm going to read them carefully first. I would sign nothing else. I would be prepared to be very bored and very patient. I would talk to no one. My three phone calls would be to friends who can call other friends and help with the process. I would talk to no one about what happened except my criminal defense attorney.
You Do Not Want To Be Arrested?
1) Do nothing illegal.
1a) Shut up if you think it might be.
2) I said in a very public setting, a panel at BayCon in fact, "One should never unknowingly break the law."
This is an alternative community where some people appear not to know that certain actions are frowned upon by the criminal law -- or how severely they are frowned on. (I must add, with some snark, that this ignorance appears to extend to fannish 'security' organizations.)
Three excellent resources for the California criminal law, accessible to the layperson, include:
- Shouse Law Group's excellent summary of many major criminal offenses
- Nolo Press resources for Criminal Law
- California Criminal Jury Instructions
The PDF under that link is long and an arduous read, but it is the final word on exactly what does and what does not complete the elements of certain criminal acts in California. It includes case law. The raw text of the law is accessible at California Legislative Information but does not include case law. Depending on a literal read of the law can get you into very deep waters.
Best wishes and no outing people in comments please.
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no subject
Date: 2011-04-04 07:33 am (UTC)1. The law exists to punish bad people.
2. I'm not a bad person.
3. Therefore, whatever it is I'm doing, it can't be illegal.
I have a good friend who's going to be serving at least 80% of a five-year term, starting next month, because he didn't ask to see a warrant, consented to a search, and then he and his wife sat down with the officer and cheerfully told them everything they'd done -- not realizing that he was confessing to a serious federal felony, and if they'd wanted to press the point, they probably could have convicted her on it, too. But he was the one they wanted, and they got him ... with his own enthusiastic help.
(You can imagine how unproductive the plea-bargaining negotiations were, can't you? The Feds stood to risk nothing if they took the case to trial.)
* "No, officer, you may not come in without a warrant."
* "I do not consent to a search."
* "I will only answer questions through an attorney."
"But I didn't do anything illegal!" Fools. If the cops didn't think that they had you for something illegal, they wouldn't be asking to search your home. If you think you're 100% sure that you know the law better than they do, you're a fool.
no subject
Date: 2011-04-04 08:05 am (UTC)I haven't even touched on civil issues -- as yet. The line between simple and gross negligence can be the difference between a misfortune and again, life-altering results.
no subject
Date: 2011-04-04 04:28 pm (UTC)no subject
Date: 2011-04-05 07:44 am (UTC)no subject
Date: 2011-04-05 08:19 pm (UTC)Personal and domestic violence. Rules differ greatly.
Robbery and burglary. "Take his camera!" is soliciting to commit a felony.
Sex crime law. A person who is intoxicated cannot consent under the law.
Laws that protect minors. Contributing to the delinquency of a minor (for example, by providing access to alcohol).
Weapons laws. I have seen items for sale in dealer's rooms which are unlawful to possess.
no subject
Date: 2011-04-07 01:22 am (UTC)http://www.cracked.com/article_18756_6-romantic-movie-gestures-that-can-get-you-prison-time.html