On March 26, 2014, Bakersfield Criminal Defense Attorney Kyle J. Humphrey
carried out a presentation before the Kern County Bar Association's
Family Law section. The presentation essentially provided the family law
attorneys with various criminal law concepts that they should be aware
of in order to better protect their clients (particularly clients who
are suspected of offenses such as
domestic violence or
child abuse). The Kern County Bar Association's monthly magazine called
Res Ipsa Loquitur has just published an article that provides an overview of Attorney Humphrey's
presentation from March. The article ("Criminal law for family lawyers")
appeared in the magazine's May 2014 issue on page 28. Here are a few
of the various topics that were covered in the presentation, according
to the article:
Salinas v. Texas (2013 case): When clients accused of domestic violence or child abuse are being questioned
by officers, they must be sure to explicitly invoke their rights under
the Fifth Amendment. Otherwise, prosecutors may be able to later use their
silence against them in court.
Fernandez v. California (2014 Supreme Court case): The decision to give consent to a police search of a residence should
be decided on together by all the members of the household, considering
that all it takes is consent from one party to make the search legal.
U.S. v. Chovan (2013 Ninth Circuit case): Family law attorneys should handle domestic violence restraining order
matters with a high level of care, especially since such issues can potentially
result in the defendant's permanent loss of gun ownership rights.
Many individuals are
not required by law to cooperate with law enforcement, as established under the Victim's Bill of Rights Act of 2008 (Marsy's
Law). Uncooperative individuals cannot be thrown in jail for contempt
for such action--they can only be ordered by the court to see a domestic
Phone calls are sometimes used as traps to get people accused of child abuse or domestic violence to make self-incriminating
statements. This usually occurs when one spouse calls the suspected spouse
while law enforcement is listening in on the call.
Res Ipsa Loquitur article contains additional explanation on these points, as well as on
others. Check out the magazine's May 2014 issue to reach the article.
If you are facing criminal charges, do not hesitate to consult with a
knowledgeableBakersfield criminal defense lawyer from our firm.
Contact us today!