The U.S. Supreme Court has ruled that criminal suspects' statements can be used against them if they fail to invoke their rights.

The court ruled 5-4 that criminal suspects have a duty to invoke the rights outlined in the historic Miranda vs. Arizona decision, including the right to remain silent and to have an attorney present during questioning. In the past, the court held that the government had the burden of demonstrating that a suspect had knowingly and intelligently waived his rights.

Tuesday's ruling addressed a Michigan case where a man was convicted of murder based largely on his one-word response to a question after nearly three hours of interrogation.  His conviction was overturned by an appeals court that ruled that using his answer to convict him violated his right against self-incrimination. The Supreme Court's ruling overturned that decision.
Our constitutional rights have eroded considerably in recent years, so it's more important than ever to have a skilled defense lawyer on your side if you're under investigation for a criminal charge.  The top California defense attorneys of The Kavinoky Law Firm are well-known for standing up for the rights of their clients, and will do everything possible to protect you during a criminal investigation. Contact a skilled California defense lawyer today at 1-800-NO-CUFFS for a free consultation.

Several new driving laws took effect in California on January 1, 2009 that every motorist should know about.  If you have any questions about any California law, new or old, please contact an attorney from The Kavinoky Law Firm at 1.877.466.2833 for additional information.

One of the most prominent new California laws is the ban on text-messaging. As of January 1, it's illegal to type or read electronic messages while driving. Like the law that requires the use of hands-free cell phones while behind the wheel, the new prohibition on text-messaging is punishable with a $20 fine for a first offense and a $50 fine for a second offense. However, California's penalty assessment means that your total fine will be substantially higher.

It's important to keep in mind that violating California's ban on text-messaging provides police with probable cause to stop your vehicle, which can lead to more serious charges. Many drivers have found themselves facing a driving under the influence charge or any other serious offenses after being pulled over for a relatively minor violation.

Drivers who are on probation for a California DUI conviction face a new "zero tolerance" law that prohibits them from driving with any alcohol at all in their systems. Under the new California drunk driving laws, drivers on probation for a prior driving under the influence conviction who have any measurable amount of alcohol in their systems will have their driver's licenses suspended.

Another new California law affects how judges order ignition interlock devices, or IIDs, in drunk driving cases. In the past, judges were required to give "heightened consideration" to ordering an IID in California DUI cases where the driver had a blood alcohol content (BAC) of .20 percent or greater. The new law lowers the threshold to .15 percent.

Starting in July 2009, motorists caught driving with a license suspended from a prior CA DUI conviction will also be required to install and use an IID. Authority over mandatory use of ignition interlock devices will shift from the courts to the California Department of Motor Vehicles.

Yet another new law from the California DUI laws will require drivers convicted of DUI or alcohol-related reckless driving - also called "wet-reckless" - to complete a nine-month alcohol-education program if they've been convicted of another DUI in California or wet-reckless offense within the past 10 years.

Other new California laws include criminal penalties for forging Clean Air stickers, harsher repercussions against individuals who make unnecessary 911 calls, and changes in where GPS units can be mounted in your vehicle. In the past, mounting the unit on the windshield was against the law. Now drivers can mount the devices in a 7-inch square on the lower passenger side of the windshield or a 5-inch square on the lower corner of the driver's side.

Staying informed of California's new laws can ensure a trouble-free 2009. However, should you ever need a skilled California defense lawyer, the knowledgeable attorneys of The Kavinoky Law Firm are here to help. Please contact us at 1.877.466.2833 for a free consultation.

Each year many new laws are enacted in California, and 2008 is no exception. There are several new California laws pertaining to drunk-driving and DUI / DWI. California's drunk-driving laws are already among the strictest in the country, so these new laws expose accused DUI / DWI offenders to even greater consequences than before.

Because the repercussions of a California DUI / DWI conviction are so severe, you need a top drunk-driving defense attorney fighting aggressively to protect your rights. The knowledgeable California DUI / DWI defense lawyers of The Kavinoky Law Firm will fight effectively on your behalf. To get more information about California's new DUI / DWI laws or to learn about proven defenses to drunk-driving charges, contact us today for a free consultation.

The first of California's new DUI / DWI laws affects individuals who are on probation for drunk-driving. Effective Jan. 1, 2008, drivers placed on probation for DUI / DWI in California cannot operate a motor vehicle with a blood alcohol content (BAC) of .01 percent or greater.

Police can require the driver to submit to a PAS Test, also known as a Preliminary Alcohol Screening Test, to establish the BAC of a driver on probation for DUI / DWI. Anyone who is on probation for DUI / DWI in California must submit to a PAS Test when requested, under California's Implied Consent Law.

California lawmakers passed a second law pertaining to DUI / DWI and driver's license applications. Beginning July 1, 2008, everyone who is applying for a new driver's license or renewal in California will be required to acknowledge in writing that drunk-driving resulting in death can result in the driver facing murder charges. If the driver is later accused of causing death while driving under the influence, this written admission will be used as evidence.

California DUI / DWI charges are more serious than ever, so if you've been arrested for drunk-driving, you need the most qualified lawyer you can find. The experienced California DUI / DWI attorneys of The Kavinoky Law Firm have the skills and knowledge needed to defend you on any drunk-driving charge. Contact us today for a free consultation.