Recent Blog Posts in July 2010

The United States Supreme Court recently expanded the limits on the famous Miranda rights for criminal suspects.  In a 5-4 decision, the Supreme Court decided that for a suspect to invoke their Miranda rights, they must now verbally assert their right to remain silent in order to stop police interrogations.

This change in the law was triggered by the case of Berghuis v. Thompkins.  Van Chester Thompkins was arrested in 2000 for murder.  Thompkins was read his Miranda rights but refused to sign a form stating that he understood them, or state that he was waiving the rights.  He remained silent through nearly three hours of interrogation, until detectives asked him if he prayed to God asking for forgiveness after shooting the boy. "Yes," was his response, which was the basis for his murder conviction.

On appeal he wanted that statement thrown out because he said he had invoked his Miranda rights by being uncommunicative with the interrogating officers.  The 6th U.S. Circuit Court of Appeals in Cincinnati agreed and threw out his confession and conviction. The high court now reversed that decision.  

Justice Kennedy stated that, "Thompkins did not say that he wanted to remain silent or that he did not want to talk to police.  Had he made either of these simple, unambiguous statements, he would have invoked his 'right to cut off questioning.' Here he did neither, so he did not invoke his right to remain silent."

Based on this ruling, criminal suspects must now affirmatively invoke their right to remain silent in order to stop a police interrogation.  Without this statement, the police may continue questioning a suspect and any statements would be admissible in court.

If you have any questions about your miranda rights, speak to our Los Angeles criminal defense attorney today for a free consultation.

In a Los Angeles Superior Court, Robert Michael O'Ryan was charged with one felony count each of stalking and commercial burglary, along with two misdemeanor counts of carrying a loaded firearm in a vehicle.  O'Ryan had driven from Florida to Los Angeles while Shawn Johnson was on Dancing with the Stars in hopes of being able to meet and marry the Olympic gold medal winner.  He was arrested when he tried to jump over a fence at CBS Studios and authorities found a loaded shotgun, knife, and sharpening stone in the suspect's vehicle, along with a wooden club, duct tape, 22 zip ties, a bulletproof vest and love letters to Shawn Johnson.

Judge Pastor found O'Ryan guilty on all counts, however, after considering the evaluations of two psychiatrists, he ruled that O'Ryan was legally insane at the time of his arrest last March.  If found sane, O'Ryan faced up to six years in prison, a sentence he will likely serve in a state mental hospital.

If you or someone you know has been charged with stalking, burglary, or concealed weapons, contact Los Angeles Criminal Defense Attorney Robert M. Bernstein for a free consultation today.

On March 29, 2009, two USC students, Adrianna Bachan and Marcus Garfinkle, were walking home from a fraternity party when they were struck by a vehicle that failed to stop at a red light at a crosswalk.  Bachan, 18, died from massive head injuries. Garfinkle was carried about 300 feet down the street on the hood of the car but survived with multiple injuries, including two broken legs.  A student who witnessed the crash testified at a court hearing last year that he saw the car's passenger haul Garfinkle's body out of the vehicle's broken windshield while the driver pushed from the inside.  The passenger then dumped Garfinkle onto the sidewalk before the car sped off.

An anonymous tip led to the arrests of Claudia Cabrera, who was driving the car and her husband, Josue Luna, who was the passenger that evening.  Their 7-month-old baby was in the backseat of the vehicle as well.  Cabrera, 31, fled because she had been drinking earlier in the evening and had also had her driver's license suspended and a lawsuit filed against her following a previous collision where she had stopped. 

When Cabrera was arrested she tried to blame the accident on her husband, who was in Mexico at the time.  The authorities found that the pair allegedly tried to cover up the crash by getting the car's windshield fixed before having the vehicle towed to Tijuana, Mexico.  Luna was arrested as he was coming back into the United States about two weeks later but the vehicle was never recovered.

Both plead no contest in March to a felony charge of hit-and-and run resulting in great bodily injury.  Cabrera also plead no contest to a misdemeanor count of vehicular manslaughter.  Judge Robert J. Perry issued a sentence of eight years in prison for Claudia Cabrera, the driver, and seven years for Josue Luna, who was riding in the front passenger seat.

If you or someone you know has been charged with Vehicular Manslaughter or Hit-and-Run, contact Robert M. Bernstein for a free consultation today.