Domestic Violence -

Some of these cases actually involve an abusive person, but most are arguments gone wrong.

If the police are called on a domestic violence case, then someone is going to jail. Often, it is the person that does not make the call to 911. These cases usually are the result of an argument and alcohol. Most of these cases contain elements of self-defense. The others often involve a lying victim. The consequences are many and often unknown until too late. Many people get their first DV case and take the plea offer because it sounds good. They take it without an attorney because they think they cannot afford one. This is a mistake. The plea offer always contains a probationary period and 36 weeks of classes. It is during this probationary period that most people get their second DV case and then try to fight it. At this point, they are in jail on a much higher bond, they lost their job because they are in jail, they have lots of financial problems, and have a prior case that may come in to evidence. Plus, the alleged victim has confidence that he or she will win at trial.

I suggest fighting these cases at trial. It will prove your innocence. But more importantly, it will expose the alleged victim's credibility problems. The alleged victim, prosecution, police and watching world will know you are not going to take this lying down. They will know your side of the story and begin to look at the alleged victim's story more closely the next time. It is rare for the prosecution to dismiss one of these cases prior to trial. A mandatory restraining order often forces the accused out of the common home. Gun ownership and licenses can be affected. Expect more consequences in the future.

How to avoid these cases:
Do not argue with your significant other when you are drunk or high. If you are ending your relationship, leave the common house. If the argument begins to get irrational, suggest a time out until both of you are calm and do not wait for the others approval. Try to have a witness. If the argument gets physical or you fear it will get physical, immediately leave or call the police.

What to do if the police come to your house:
If the police come to talk with you about one of these cases, ask for an attorney. Be polite, calm, and rational regardless of how you are treated and of what you are accused. They will say that they want your side, but that means they already got the other side. If you wish to give your side of the story, be very simple and direct. Do not offer extra information. At the end of your simple and direct story, ask for an attorney. If you have a witness, let them talk for you. Do not lie. If you still angry, say nothing. If you do not know if you should talk, say nothing. If you have injuries, show them and get photographs.

Drug Cases -

Do not give consent to search and do not answer questions. If you are outside, walk away. If you are at home, do not open the door unless commanded to. The people around you can screw you by their actions and words and consents, so know who you can trust.

In these cases, the prosecution must prove that you had possession and control of the drug and that you had knowledge of the drug. This is most often proven by statements or actions in relation to the object containing drugs. People often keep drugs in their wallet and the drugs are found when the police ask for identification. Some people keep drugs in their cigarette package and cops know to look there. A furtive movement in the direction of a bag or car seat or pocket or drawer etc may provide an officer with a reason to look there and tend to show that you know something is there. Repeatedly looking at an object or in a direction may also provide reason to search. Most drug cases are defended at motions hearings, so see the general criminal information on your rights. If the police never find the drugs or they are suppressed, then you will be in good shape.

Weapons in the vicinity of drugs increase penalties and decrease your bargaining power. A weapon can cause a probation case to turn into a prison case.

The greater quantity of drugs, the greater the penalty.

If drugs are packaged as if for sale (several bags of same drug, near a scale, ready to sell packages nearby), then the charge is more serious. Your driver's license can be affected by felony drug charges. Houses, cars and money can be seized if in some way related to the drug trade. Methamphetamine labs are most often found by smell and items left in the trash. Child abuse will be charged if a drugs are made, sold or used in the home where a child lives or happens to be.

Privacy -

You have no protection from the government looking at your stuff unless you have a reasonable expectation of privacy.

This means that a reasonable person would agree that the owner expects the thing to remain private.

The best way to accomplish this is to make affirmative efforts to prevent the general public from accessing the thing without your permission and assent. It is even better if no one sees the thing but you. The less people that see the thing or know about the thing, the more private you expect it to be.

The most private place you have is your home. The least is your car. Anything that can be seen or heard from a public place is not private. Therefore, if a person can see keg of beer in your living room through your window from the street, then you have no privacy in your living room or that keg of beer. If a person walks up to ring your doorbell and can see into your house, then anything they can see is not private. If you rent or lease an apartment or hotel room, look on the contract as to who, how and why the owner may enter the place. This affects your expectation of privacy.

If you want to keep something private in your home, then put it in an interior room, or one that has no windows. That is the minimum. Each step you take to make the thing more private, the greater your privacy interest and the greater protection the constitution will afford. Therefore, lock the door to the room, only allow very specific people into that room, put the thing in an opaque closed container, lock the container, etc.

If you want to keep something private in your car, then do not put it in your car. The car has very little protection. But, if you must put it in your car, then put it in the trunk, in a locked, opaque, box. If you have an SUV or truck, then it is best to have the thing as far away from you and the passengers in the car as possible. It is best to have the thing in a spot that you cannot access from inside the car.

If you want to keep your thoughts private, then do not tell anyone. Many of us speak with doctors, psychologists or keep journals. The more you do to prevent people from accessing that information, the more private it is. For a journal, hand write it and put it in the private room in your home. It is arguable that no computer is private in any way, no matter how many passwords or protections that you use. The more you use, the better, but not very safe. With doctors, you must be aware of their policies. Your insurance company likely has access to those records, unless you pay for the treatment yourself. If you discuss your doctor visit with anyone else, then you may have lost your privacy.

Privileges are few and strictly construed. Unless you know the law, assume that there is no privilege in any communication except with your lawyer.

1. You do not have to stop at the request of police, only if they demand it. Officers are just like any other citizen who might try to talk with you or ask you for change. If you are approached by police, then simply walk away. Be polite and do not run, just walk away. The officer will likely ask you to stop and talk. Respond with no thank you and continue on your way. The officer will then likely command you to stop. At that point, make it clear that you are only stopping because he is forcing you to, but be polite.

2. You do not have to talk with police, so don't. Officers can ask you any questions they want, but you do not have to answer them. Most people know about the Miranda warnings - you have the right to remain silent, anything you say can be used against you in a court of law, you have the right to have an attorney present during questioning, if you cannot afford an attorney, you can have one appointed to you prior to questioning.

These warnings are only required if you are in custody, meaning not free to leave.
If you are free to leave, then there is no requirement to give these warnings.

3. You do not have to consent to a search, so don't. If I walked up to your house and asked if I could look in your purse or rummage through your house, you would say no. A police officer has no right to search you unless he can show probable cause to a judge or prove exigent circumstances. Make the officer do that. If the police ask you if they can search anything or look for anything or just come in your house, refuse as if he was a stranger (he usually is). Always be polite.

NEVER DRINK AND DRIVE - IT IS VERY DANGEROUS AND IF YOU GET INTO AN INJURY ACCIDENT THAT YOU DID NOT CAUSE, YOU COULD STILL BE CHARGED AND FOUND GUILTY OF A FELONY THAT CARRIES JAIL TIME - IN ADDITION, SOMEONE COULD BE HURT OR KILLED.

Although I do not condone drinking and driving, I recognize that the laws on this subject are very severe, the machines used to test are unreliable, and this is more a political issue than a public safety issue. I joke that there is a DUI exception to the constitution because of all the crazy cases construing DUI laws. The presumption is that you were driving drunk, not that you are innocent. Juries hate drunk drivers and so do judges. It is an uphill battle, but many positive things can be done if you know how and you have a good attorney.

There are two parts to a DUI, the possible suspension of your license at a DMV hearing and the criminal charges that can result in jail, probation, alcohol classes, fines, and further license suspension.

DMV Hearings - If there is a evidence that you were driving an automobile and you had a blood alcohol level at or above .10, then you driving privileges will be suspended. You can request a hearing on the matter to challenge the evidence. These hearings can be won. The most important things to know are to request the hearing within 7 days of receiving the notice of suspension and that you should not request the presence of the officer. On a breath test case, the officer will serve the notice on you immediately. You can request a hearing immediately by filling out the form and returning it to the officer, but you do not have to. On a blood or urine case, you will get the notice in the mail at the address that DMV has for you. It is not a defense that you did not get notice because you moved and never corrected your address.

Some officers will suggest that you request they be present and that they will not show up and that you will win. In my experience, this is a lie. They will show up. They do this so that your hearing is set at the same time and place as several other hearings that he has to attend, thereby making it easier for him to be at all the hearings.

Criminal Case - If you are arrested, then you will have to appear in front a judge soon thereafter. If you do not, a warrant will be issued and you may go to jail. Additional charges can be filed if you fail to appear at a court date. The types of plea offers will vary with each case and jurisdiction. Generally, there is nothing that you need to do before your first appearance other than hire a lawyer.

Avoiding DUIs -

What to expect if you are pulled over and have been drinking or using drugs:

The most important part is to listen to the police officer carefully. As with all criminal cases, do not offer information, simply answer the questions and do not give consent to search anything.

1. As you are pulling over, remember that the officer is watching all actions closely, so use your signal and do not jerk the wheel and generally try to drive safely. If you roll down the windows part way while still moving, it may blow out any smells in your car. Roll them up most of the way as you come to a complete stop. Put the car in park.

2. The officer will put a spotlight on the interior of your car and will be looking for movement. Any movement will be called furtive movement. This may give the officer cause to pull his weapon and handcuff you, generally making this an unpleasant stop. If you try to hide something, he will likely search your car. It is best to not make large movements. Generally, you should always put things away prior to driving.

3. Officer will approach car and ask for license, registration and insurance. Often people keep some of these things in their glove box. Some foolish people also keep guns, drugs and money in their glove box. I suggest keeping your registration and insurance in the visor pocket. Remember to sign your insurance card - it is the law. Keep a current insurance card in your car or else you may get a no insurance ticket.

4. You do not have to roll down your window to give the officer this information. Simply roll it down slightly and slide the papers through the slot. The officer may ask you to roll down your window. This is a request, not a demand. If the officer does make a demand, then politely comply.

5. The officer will be looking for bloodshot water eyes, smell of alcohol, slow movements, disorientation, fumbling, loud talking, slurred speech. So, generally, do not say anything, try to answer yes or no or nod, and do not get into a long conversation. Simply be polite and do as little as possible.

6. The officer will run your driver¿s license and vehicle registration for a clearance. This is to make sure that you do not have a warrant and that your car is not stolen. Do not fret, this is normal. This usually happens when the officer goes back to his car.

7. If the officer smells alcohol or finds other reasons to think you are drinking, such you telling him you have been drinking, then he will tell you he suspects that you are drinking and driving. He will then request that you complete voluntary roadside maneuvers. The key word is voluntary. You do not have to do these crazy exercises. They are designed for you to fail. 30% of sober people fail these tests. DO NOT DO THESE TESTS. They will never help you. They are designed to provide probable cause to arrest. The three basic tests are:

8. The officer may ask you to do a voluntary portable breath test. Again, this is voluntary. If you have any question as to whether it is voluntary, ask, "do I have to do this?" If he says yes, ask, "what will happen if I refuse?" This test is notoriously inaccurate. It is designed to provide probable cause to arrest.

9. The officer may ask you to get out of your car. Politely ask if you have to. If you do, then remember that the officer will be watching you for leaning, stumbling, using the car to steady yourself etc. Try to move as little as possible, but politely do what the officer demands that you do.

10. If the officer determines that there is probable cause to arrest you for DUI, then he will tell you that. Do not argue. He will ask if you wish to do a blood test or a breath test. If he believes that you are on drugs, he will ask you to do a urine test. Regardless of what he offers you, ask for a BREATH test. If he says there is no breath test available, then you may be required to a blood test. If he suspects drugs, then he will say you have to do a urine test. You do not have to do multiple tests.

11. If he suspects you are on drugs, he may do a drug recognition exam (DRE). You do not have to comply with this either. Refuse it.

12. Breath tests -  Basically, the officer will ask you to blow into a tube as hard as you can for as long as you can. He may say to blow until he tells you to stop, but this is a ruse because these machines will only tell you to stop after you stop blowing. The machine is supposed to only test deep lung air. It attempts to do this by only testing the last air that you blow into the machine. If you have an object in your mouth or dentures or alcohol in your mouth or Acid Reflux Disease, then you will not get an accurate reading. Lung air will contain alcohol if the blood contains processed alcohol. If you have to take a test, take this one. A breath test will not find drugs.

13. Blood tests - This is a fairly accurate test with few ways to attack it. Some people think that the hour that it takes to get to the station and draw blood will allow the alcohol to leave your system or come down. This is not often true. Most people will still have alcohol in their stomach while they are driving. This alcohol will process and be put into the blood stream by the time of the test and may actually result in a higher BAC. How fast you process alcohol is dependant on many factors. Relying on this method is very risky. Besides, it is based on the faulty assumption that the breath machine is testing stomach alcohol, not lung alcohol. Blood can be tested for drugs, but most often that will not be requested unless the officer suspects drugs. This is a cost issue.

14. The urine test will not test reliably for alcohol content, but it will test for presence of alcohol and drugs. It will also test for drug metabolites. This will determine if the drug is present and if it is being processed. If it is being processed in certain quantities, then you are high and will get a DUI.