BAKERSFIELD CRIMINAL DEFENSE LAWYER
According to the Bakersfield Criminal Defense Attorney Bruce Blythe, If you have
been arrested for a criminal offense there are important tips that can change the
way the case will resolve:
1). Do not talk to anyone about your case, unless so advised by your Lawyer. Do
not try to talk your way out of an arrest, you may do a lot more harm than good. The
Police are specially trained to elicit incriminating information from you.
2). If you have been stopped for driving under the influence (DUI), do not
volunteer information about your drinking or state of sobriety. Cooperate with the
Police officer, however do not agree to submit to any field sobriety tests or
preliminary alcohol screening tests, sometimes called a PAS test (unless you are
under 21). Under California Law you must submit to a chemical test of your breath
or blood, the breath test is the easiest to challenge in Court.
3). Understand that you have the right to remain silent and everything you say can
be used against you. EXERCISE YOUR RIGHT TO REMAIN SILENT, unless your
attorney says otherwise.
4). It is common for a detective to contact the suspect and tell them they want to
"close the case" but need the "other side" of the story first. Ask to have Lawyer
present at the time of the interview by the police. You have a right to an attorney
before and during any questioning. EXERCISE YOUR RIGHT TO AN ATTORNEY! If
you can not afford to hire an attorney, the public defender will represent you.
5). Talk to a Bakersfield Criminal Defense Attorney as soon as possible. The
sooner you have the advice of an attorney the better. Often an attorney can be of
great help in representing a defendant very early in a criminal case, prior to an
indictment or other formal charges being filed, by contacting the prosecutor and
giving the defendant’’s side of the case, when and where appropriate. Otherwise,
the prosecutor will likely hear only one side of the case when deciding what
charge(s) to file. Therefore, you should thoroughly explain your side of the case to
an attorney, promptly after your arrest.
6). Record the names, addresses, phone numbers and any other important
information about any defense witnesses. Oftentimes witnesses will leave the
area and they may not be available later if criminal charges are filed and the case
gets into Court. Bakersfield is a transitory city with many migrant workers, get
their information as soon as possible.
7). Document, by notes or other recordings, the circumstances surrounding the
incident and any defenses you may have to the charges. Take photos of any
injuries, damage to property or other important scenes.
8). Video tape defense evidence, when appropriate. For example, if you have
injuries that are relevant to a defense, photograph them if possible. If a particular
location is relevant, you may want to video tape it. Be careful not to tamper with
any evidence or even give the appearance of tampering with evidence. It is often
best to use an attorney's investigator or impartial third-party to photograph, video
tape, or otherwise preserve evidence.
9). Take immediate steps to preserve and safeguard any defense evidence.
10). Take steps to get out of jail as soon as possible. If your bond is too high, have
an attorney ask the judge for a bond reduction or O.R. Have witnesses and other
evidence ready to present in court to establish your ties to the community.
11). Do not try to make bargains with the police; let your attorney handle that.
12). After your arrest for DUI or other alcohol related offense, contact an attorney
within 10 calendar days to avoid losing your drivers license from the DMV.