Talking to Police May Cost You Your Freedom

I am frequently asked whether people should talk to the police if they are being investigated or held for a crime.   Some think that if they are super polite and cooperative with the police that the cops will just decide not to arrest them.  Being polite may help to get out of a speeding ticket, but it usually won’t help you get out of any other more serious crime.  Let’s look at an example.

Let’s say you want to buy some jewelry for your girlfriend for her birthday.  You’re not rich and can’t afford to shop at Tiffany & Co.  Of course, you can’t afford anything at Target either.  But your girlfriend really likes diamonds.  So you decide that you will go to Target and shoplift some jewelry for her.  When you get to Target you find a nice pair of earrings for $350.  You stuff them into your socks.  You also find a necklace on sale for $60 and you put it on around your neck.  You decide that’s enough and you leave the store.  Once you exit the store, some Target employees identify themselves as loss prevention officers and escort you back inside the store in a small room in the back.  They say they saw you steal the necklace.  Cops show up a few minutes later.  You admit to stealing the necklace.  They ask if you stole anything else and you tell them about the earrings in your socks.  They ask you why you came to Target in the first place and you tell them you came here because you wanted to steal some jewelry for your girlfriend as a birthday present.  You tell them you’re a good guy, that you’ve never done anything like this before, and you’ll never do it again.  And you mean it.  They don’t care, so they arrest you on felony burglary charges.  Then you over hear the loss prevention officer say that their cameras are not functioning today, so they don’t have you on video tape.  They just happened to spot you wearing the necklace and that’s how they caught you.  The police then take you into custody to be booked.
After you spoke up, they now have evidence against you that you: 1) entered Target intending to steal jewelry, 2) stole more than one item of jewelry in Target, and 3) the value of the items you stole had a value over $400.  Thus, in California, you are now facing felony grand theft and felony commercial burglary charges.  Each charge can land you in prison.

Had you chosen not to say anything whatsoever to the loss prevention officers or the police, the only evidence they may have had against you was that you tried to take a $60 necklace out of the store without paying for it.  The cop probably would have cited you for petty theft (shoplifting) with a date to appear in court and let you go home.

Things like this happen all the time.  That is why I advise people not to talk to the police if they are being investigated for a crime.  It is best to let a lawyer do your talking for you.  If you or a loved one is arrested, or if you have any questions, do not hesitate to contact a criminal defense lawyer immediately.  If you are in San Diego and need some help, contact me.

San Diego Second DUI Penalties

The worst possible penalty that someone convicted of a typical first time DUI in California can recieve is 6 months in county jail. For a typical second time DUI, the worst sentence is 1 year in county jail. Most people are convicted when they plead guilty. One would think that the sentences given out in each county in California would be the same. This is not the case.

For example, someone convicted of a second DUI in 10 years in Orange County can expect to be sentenced to as much as 6 months in jail. Yes, jail. In Riverside County, custody time is often deemed satisfied by public work or other type of service. In San Diego County, many judges will sentence a person convicted of a second DUI to the mandatory minimum 96 hours in county jail. In San Diego, however, someone who lives within the county and has a full time job may be eligible to do his or her custody time in a private facility at nights, and go to work during his or her work hours.

Another term of probation on a second time DUI will be the 18 month alcohol class. Most counties will also require the defendant to attend a MADD panel, which typicall lasts 1 1/2 to 2 hours. Of course, the fines for a second DUI are hefty–usually totalling less than $2,000, including penalty assessments and other fees and fines.

The term of probation will either be 3 or 5 years, depending not only the county where the case is, but also the specific judge that is hearing the case. Some judges will impose a probation period of 3 years. Others will impose a probation period of 5 years. In San Diego County, one should expect a sentence to include 5 years of probation, even though the conviction was only a misdemeanor, rather than a felony. Most misdemeanors have a 3 year probation period, whereas most felonies carry a 5 year probation period. DUI’s are the exception to the rule.

Remember that if you have been convicted of a second DUI, the California Department of Motor Vehicles will suspend your license for two years. The mandatory suspension will last for 1 full year. If, after the pass of one year, you have completed one year of the 18 month alcohol class, and satisfied a couple other requirements, the DMV will allow you to obtain a restricted license. The restricted license allows you to drive to and from your alcohol class, school, and work. You can see how smart it is to start that 18 month alcohol class right away. The sooner you start it, the sooner you’ll be able to start driving.

It should be clear to you by now that having an attorney that knows the courts in which he or she works can be a substantial benefit to the person charged with a second time DUI. If you have any questions or comments, let me know.