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 violence counselor.
- 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.
The 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!