CLEARLAKE — Legal rights and procedures were discussed Tuesday during a Criminal Procedure Clinic presented by Lake County Defense Attorney Jesse B. Chrisp, Esq. and his colleagues Anna Gregorian, Esq. and Shawn Collins, Esq. The free event, which was held at Burns Valley Elementary School in Clearlake, was presented by the attorneys voluntarily and covered a variety of legal aspects including when and how to assert your constitutional rights.
The evening”s session was presented strictly for informational purposes and was in no way to be construed as legal advice. Chrisp said the event”s purpose was to inform people of their legal rights and provide them with knowledge to properly assert those rights. He said the session was not presented as a means to break the law and get away with it, but rather to preserve rights guaranteed under the constitution.
Constitutional liberties are provided to US citizens through the Bill of Rights. The Fourth Amendment provides the right to be free from unreasonable search and seizure. The Fifth Amendment provides the right to not incriminate one”s self and the Sixth Amendment provides the right to counsel. Chrisp said some rights may be waived as conditions of parole or probation and may not apply to those who have agreed to such terms.
Chrisp emphasized the importance of invoking the Fifth Amendment and remaining silent despite any efforts by law enforcement that may lead you to give up that right. “A preservation of your rights preserves your chances to beat a charge when your case goes to court,” he said. “So, remaining silent is always a good idea until you have a lawyer present to direct you through the criminal process.”
Chrisp said that unless you are the reporting victim that called 9-1-1, if law enforcement is questioning you or has stopped you, they likely suspect you of a crime or are attempting to gain enough facts to meet the legal standard to make an arrest. This legal standard is called “probable cause.” Chrisp said that probable cause can be reached by an infinite number of facts the officer can observe. The officer can use suspects” statements to reach the standard of probable cause. He said officers are specifically trained to ask questions that invoke a particular response.
“Because most people may not realize there own answers are incriminating, you may want to assert your Fifth Amendment right to remain silent if the officer starts asking you questions,” Chrisp said. “If you are pulled over in a car, an officer has the right to ask you for your driver”s license, proof of insurance and registration, but aside from these questions, you do not have any obligation to answer further questions, especially when the answers would tend to incriminate you of some crime or violation. These constitutional rights are yours and nothing the officer says can force you to waive these.”
Chrisp said to assert your right to remain silent, simply state, “Officer I do not make any statements to law enforcement.” He said that exercising your rights may not make you popular with law enforcement and you may end up in jail; however chances are that if you are arrested the officer already had enough information for probable cause to make an arrest and your statements would just strengthen the case against you.
Chrisp said if you are pulled over on suspicion of driving under the influence and the officer asks you about your alcohol consumption, you have the right to inform the officer that you make no statements. “You do not have to incriminate yourself by telling the officer you did drink,” he said. “It”s your right to not make any statements.”
Chrisp said people have no obligation to consent to field sobriety tests (FST), such as walking the line, counting and touching your nose. “Well surprising to many as this is, you have a right to refuse to take any (field) tests as those tests can actually be used as statements of guilt if you perform poorly,” he said.
However, Chrisp continued, there is a special rule called “implied consent,” which applies to anyone in California with a driver”s license. “By accepting the driver”s license, this rule basically states that if you are pulled over for suspected DUI, the officer has the right to obtain a blood, breath or urine sample from you. You must comply or risk losing your license for one year as well as possible criminal charges,” he said. “If the officer believes you have alcohol in your blood over .08 percent then they are likely going to arrest you. However, refusing to perform the FSTs, you are preserving your case for the courtroom and making the state prove its case against you.”
Chrisp said the idea is to give the state as little evidence as possible. He said exercising your rights may not keep you out of jail but it may get you back home faster.
More information regarding legal rights can be found at www.flexyourrights.org/FAQ.
Editor”s Note: This is the first installment of a two part series pertaining to the Criminal Procedure Clinic held on Tuesday.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
