Legal Question in Criminal Law in California

Re: Improper police procedures

Are these misdemeanors or infractions? I may be able to reduce a misdemeanor to an infraction or have one dropped, or both dropped for anger management school, etc. The police procedures do not have much relevance here. Call me directly at 16192223504.

Re: Improper police procedures

Police are not required to give Miranda warnings every time they arrest someone. Suspects who are in custody are supposed to receive such warnings before the police question them, but if you were never questioned there was no reason for the police to read you your rights. Even if you were questioned, the failure to warn you would only prevent the prosecutor from using your statements (and any other evidence the police found as a result of your statements) against you at trial; it would not invalidate your arrest, change the nature of the charges against you or reduce your punishment.

Charges are decided by prosecutors and not by police, and defendants are entitled to learn what the charges are at the time of arraignment, not at the time of arrest. Since there were no charges yet when you were arrested there was no way for anyone to tell you what they were. The police probably should tell people why they are being arrested but I don't believe they are required to do so. I also don't believe the officers' silence on this point will have any effect on your case.

Whether the police should have fastened a seatbelt around you is an interesting question, but I don't know of any laws on the subject. The fact that they didn't do this doesn't affect the case against you. Had you been injured because you had no seatbelt you might have been able to bring a civil suit, but even then the criminal case would not be affected.

Sorry I can't be more encouraging. Good luck.

Re: Improper police procedures

Read Mr. Hoffman's response, then hire yourself an experienced attorney to negotiate for you in order to minimize the penalties you face, or take it to trial if the facts justify that. Contact me if interested.