Law Office of Mark Rosenfeld - May/June 2020

Law Office of Mark Rosenfeld - May/June 2020

MARKROSENFELD LAWOFFICEOF

MAY/JUNE 2020

310-424-3145 | MRDUILA.COM

WHAT’S NEXT AFTER AN ARREST?

GETTING YOUR LIFE BACK ON TRACK

Being arrested or charged with a crime is stressful. It can disrupt your life and put you in a place where you may be wondering, “What’s next?”

When someone is arrested, they may be released after the booking process, or bail will be set. If bail is set, they’ll have an opportunity to make the necessary phone calls to post bail to be released. After that, they must figure out their next action. In DUI cases, people are often released without posting bail. However, upon release they realize they have to do something about their car, which has likely been impounded. Fees are the nerve-wracking thing about an impounded vehicle, and the longer you wait to get your car out of impound, the greater the fees. After getting their vehicle, the person has 10 days to get in touch with the Department of Motor Vehicles. It can feel like they have to deal with one thing after the next. Chances are a court date has been scheduled at some point in the 30–60 days following the arrest, so they have to figure out how to work around that as well. If you're arrested, one of the first things you should do is get in contact with a lawyer who knows what to do and how to make all the right moves. A good attorney has answers and is there to take as much stress away from you as possible. Their job is to help you shoulder the burden. In misdemeanor cases, for example, you don’t have to worry about making a court appearance. While you’ll have a court date set, an attorney can represent you in court, meaning you don’t have to miss any work, class, or hobbies. If you’re facing a felony charge, you will have to appear in court, but your attorney will help minimize the impact it has on your day-to-day routine. With more serious allegations, there are still plenty of options. Hiring an attorney right out of the gate means they can help with bail and start putting together a defense. A good lawyer isn’t going to waste

time. They’ll be in touch with law enforcement and prosecutors to gather as much information as possible.

Depending on the circumstances, the attorney may go as far as using their own investigators or an accident reconstructionist. They may also need to get in touch with nearby businesses to secure audio or video recordings that may be relevant to the case. A lot of that evidence can disappear if not retrieved quickly. All this work is done to help alleviate your stress. Being arrested disrupts work, school, family — you name it. Regardless of the situation, it’s a major hitch in your life. When you know what to expect, you can better plan for the next steps. As an attorney, I strive to keep my clients’ lives as normal as possible so that they can focus on what’s important in their lives. They do what they need to, and I keep them informed of my day-to-day work on their case. When you’re faced with the worry and stress of an arrest, it can feel like the end of the road, but it’s not. While every situation is different, each has a solution, and by coordinating with your attorney, we can

figure out what makes the most sense for your situation. That way, you never have to figure out what’s next on your own.

–Mark Rosenfeld, Esq.

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WITH THESE TECH GIFTS FOR GRADS SAY CONGRATULATIONS

Spring is all about new beginnings, and for many, graduation is just the start of something big. Whether your favorite graduate is heading off to college, serve in our nation’s military, or join the workforce, there’s a gadget out there that will give them a great start — or at least make you their favorite relative. Check out this guide to find the perfect tech gift.

FOR THE AUDIO LOVER

relief would certainly love a Disney+ subscription, but if you know someone who has an affinity for the dramatic sagas, a subscription to HBO Now could satisfy their cravings. Hulu + Live TV can also be a great alternative for a grad who is out of the house! The best part is that this gift keeps on giving with every movie or show they stream.

From wireless headphones that surround you with sound to Bluetooth speakers that offer crystal-clear quality, the options are endless when it comes to choosing an audio device. But before purchasing the “next best thing,” consider the person who will use it. If your graduate exercises frequently, they may want wireless headphones like Apple’s AirPods or one of the many Samsung varieties. On the flip side, if they enjoy action movies, a great sound bar for their entertainment system just might do the trick.

FOR THE ACADEMIC

This May will mark the start of a new academic adventure for many. AI systems like the Amazon Alexa and Google Home can make staying in touch and studying easier, while an e-reader could house all their textbooks in one handy place. Laptop cases, screen covers, and other protective gear can keep their technology safe from wear and tear. (After all, what college kid can afford a new laptop on a whim?) Charging stations and cord organizers can also protect their tech and keep their space clean.

FOR THE STREAMER

There’s no shortage of streaming services, and depending on what your graduate enjoys watching, you may consider gifting them a subscription. Nostalgic Disney lovers looking for some stress

THE MIRANDA RIGHTS MYTH

taken into custody or arrested, which is often the case at the time when most, if not all, of the DUI investigation is taking place. Will My Case Be Dismissed if I’m Not Read My Miranda Rights? Being pulled over is not the same as being arrested, so suspects in this situation wouldn't be read Miranda rights at this point and the officer can ask whatever questions they want. Furthermore, when an officer asks a suspect to get out of their car and perform field sobriety tests, if the suspect does so voluntarily and they are not arrested, Miranda does not apply. If a suspect is arrested and there is a subsequent interrogation or questioning, Miranda would apply. However, at this point most police officers have completed their investigation, save for a breath or a blood test. All the questions about where the driver was coming from or going to and what they had to eat or drink have all likely been asked and answered prior to the arrest. Following an arrest, an officer's only remaining task is to have the suspect tested, either by breath, blood, or urine. The driver is obligated, in most situations, to give a chemical test or they’ll suffer consequences at the Department of Motor Vehicles, in addition to possible consequences in court. Although Miranda is important and can come into play in some DUI situations, it’s not going to be a significant factor most of the time.

“If a police officer arrested me without reading me my Miranda rights, will my case be

dismissed?” This common question has a complicated answer. Most people are familiar with the Miranda warning, a notification police may give to a suspect to remind them of their right to silence. However, people usually don’t know the specific circumstances

under which Miranda rights must be read to suspects: the suspect being arrested, taken into custody, and interrogated, or questioned, by the officer about what’s going on. Being in custody and interrogated would trigger an officer to give a suspect their Miranda rights. Many people also waive their Miranda rights whether they are explicitly read to them or not. However, DUI cases are unique because officers are often not required to read Miranda rights to suspects when they have not been

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INSURERS OFFER DISCOUNTS TO TRACK YOU

Are You Willing to Trade Privacy for a Lower Premium?

Would you let an insurance company track your driving? In 2019, the New York Times reported on the “safest driver in Los Angeles”: Deborra Sarei, an LA resident who participated in an experiment sponsored by USAA and the City of Los Angeles to promote safer driving. The question is this: How do you determine one person is the safest? The answer is by using a smartphone app. Sarei let an app track her daily driving habits, including speed, braking, acceleration, and cornering. It could even track distractions tied to the phone, such as texting and making or taking phone calls. Essentially, if Sarei was driving, she was being tracked. She says she did everything by the book and became an extra careful driver, monitoring her driving behavior far more than she did before being tracked. Sarei was part of a group of 11,500 other drivers — all who opted to share their location >Page 1 Page 2 Page 3 Page 4

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