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With Confusion on Ticketing in San Jose, Be Wary of Resisting Arrest

Posted on in Criminal Defense

San Jose criminal defense lawyers, resisting arrest, traffic tickets, criminal charges, ticketingIf you are stopped or placed under arrest by police in San Jose, the last thing you want to do is make matters worse by resisting. Compliance is always the best policy to ensure your safety, and the issue of whether the police behaved badly is something your criminal defense lawyer will pursue. New guidelines on making arrests versus ticketing suspected offenders have created some confusion in our area, but make no mistake: resisting could end up resulting in serious injuries along with additional criminal charges.

Near Guidelines for Ticketing Versus Making Arrests in California

In December 2017, ABC7 News reported on changes in guidelines in Santa Clara County, in which police officers were encouraged to rely on ticketing suspects rather than making arrests in certain types of cases. The former policy required officers to give a ticket rather than making an arrest for misdemeanor crimes with bail amounts under $5,000, such as loitering or for a DUI with a low blood alcohol content level.

Under the new policy, tickets will now be issued on misdemeanors with bails up to $15,000, which include certain types of thefts or assaults, DUIs with higher blood alcohol contents and, in some cases, violating restraining orders. It is a move officials claim will free up space in local jails by keeping out low level offenders. The policy is also expected to benefit lower income populations—those who may have lingered in jail for days for relatively minor crimes due to not having the required funds.

The news report includes comments from the San Jose police chief who is concerned about the message these changes send to his officers and to the community. While local law enforcement is obligated to follow these new guidelines, he advised officers in our area to rely on their own judgment in determining when to rely on a ticket versus when to make an arrest.

What to Do if Facing Arrest

If you find yourself in an encounter with local law enforcement, do not resist arrest—even if you are only accused of a minor offense. While their actions may be in violation of the new guidelines, not complying with the officer can have serious ramifications. Play it safe and follow these guidelines from the Northern California branch of the American Civil Liberties Union (ACLU):

  • Provide your name and identifying information only;
  • Do not provide explanations, excuse, or attempt to negotiate with the officer in any way;
  • Request to speak with a lawyer;
  • Assert your right to remain silent;
  • Assert your right to three calls within three hours of arrest; and
  • Assume all of your calls, except those to your lawyer, are being recorded.

Let Us Help You Today

When ticketed or facing arrest by police, your first step should be to reach out and contact Jachimowicz Law Group. Our experienced San Jose criminal defense lawyers can guide you in the best course of action while making sure your rights are protected. Contact us today.

Sources:

http://abc7news.com/sjpd-at-odds-with-county-over-new-jail-citation-bail-policy/2738033/

https://www.aclunc.org/our-work/know-your-rights/your-rights-and-police

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