Articles for August 2016

Ventura: Come on Vacation, Leave on Probation

by Matthew Bromund

Principal Attorney
August 12th, 2016

  • It’s not just a joke, it’s a reality for many people who happen to be in public places in Ventura County where our peace officers can take advantage of the very broad authority given to them by our state government to regulate your conduct.  Here are a few examples of criminal misconduct producing years of probation supervision:
  • --Buying a ticket for one movie, deciding it is terrible and taking oneself to a different movie showing at the same time (Petty Theft: 3 years probation)
  • --Having two drinks at an after-work going away party (5:30-6:15 PM), leaving the bar/restaurant at 6:20 feeling completely sober, being pulled over as you leave the parking lot at 6:21 and being examined till 7:00 so that when tested for alcohol impairment revealing .08% BAC (Driving under the Influence: 3 years probation)
  • --While going through the first stages of divorce, having an argument with your husband at high volume, resulting in the police being called, you being arrested (Terrorist Threats: 3 years probation)
  • --Shopping with your toddler, paying for $148 worth of items, discovering as you unloaded the car that a $2 candy item was ‘added’ to your cart by said toddler, taking the item back in to return it and being detained, searched and arrested (Petty Theft: 3 years probation)
  • Graduating high school and deciding to do a ‘senior prank’ of putting super glue into the locks of several classrooms along with several of your classmates (Felony Destruction of Property, Conspiracy: 5 years probation)

While some of you may think that all of these convictions are perfectly fair, others of you will read those facts and see yourself in the scenarios.  That’s something to keep in mind in the arena of criminal law:  we have now made so many things illegal that most of us have been a criminal at some point in our lives (regardless of whether or not we have been charged for our misconduct). 

The greater challenge is that each one of these people now labor under terms of probation that often include consenting to be searched by any peace officer at any time, with or without suspicion, restriction on travel and employment, and regular reporting to a probation officer, potentially causing difficulty retaining employment.  As an added bonus, all this supervision costs several thousand dollars a year, an additional cost for misconduct that can deny you the ability to make rent, buy groceries, or care for your children. 

Fortunately, you do have rights to assert that can protect you against these consequences, IF you have an advocate who knows how to assert them. 

Most people charged with their first criminal offense make three huge mistakes that end up costing them their reputation, their hard-earned money, and in some cases, their families and their freedom: 

  1. They assume that if they tell the truth, they will be treated more leniently.
  2. They go into court assuming that a lawyer won’t make a difference in the outcome, the situation ‘is what it is.’
  3. They believe that a Defendant is presumed innocent unless evidence beyond a reasonable doubt of some significant crime exists.  In reality, you are treated as guilty from beginning to end and only an advocate focused on proving you innocent will find the law and facts needed to make clear that you are not a criminal. 

 

Almost always, silence is golden and declining to answer questions put to you by the police works in your favor.  Most people are convicted of crimes as a result of their own statements, and the twisting of words that some peace officers employ to make the innocent seem guilty.  Remember, once you are under suspicion, every police officer, judge, and most jurors will assume your statements are lies, intended to deceive honest folk.  Don’t give the system your words, keep silent and insist that the state prove their case. Additionally, the criminal law is not some divine engine of truth; it is a system designed by people to obtain submission and compliance from society’s members.  In many cases, the principal goal is to obtain revenue for the state, not to obtain the truth.  If you doubt this, consider the fact that our DUI laws ask each person to be an amateur chemist, assuming that you can tell whether or not your blood will be at .08% BAC or greater 40 minutes after you are stopped by a police officer.  I promise you, you do not, and can not, know, nor would a professional forensic chemist be able to accurately tell you, in advance.  Additionally, the vast majority of people aren’t actually impaired until their BAC is .10% or higher, but the .08% BAC limit was found to produce a significantly higher number of arrests since most folks won’t feel any intoxication at that level and would evaluate themselves as being safe to drive.

 

 

If you, or someone you love, is charged with a crime, give them a gift that can change their lives for the better:  an introduction to the Bromund Law Group.  Our attorneys are skilled, experienced, and dedicated.  We offer free consultations in English and Spanish and have the knowledge and connections to help make one of the worst days of someone’s life into the chance to vindicate their faith in American justice.  805.650.1100