Most people have seen enough crime shows to know that they have the right to remain silent when they are arrested. However, they do not always take advantage of this right. At Law Offices of Torrence L. Howell we want every person in the state of California to understand their rights and to take advantage of them if they are arrested. Read on to learn more about your right to remain silent and why you should always take advantage of it. Then contact us at 909-920-0908 if you need a consultation with a criminal defense attorney.

Remember the Full Extent of Your Miranda Rights

Your Miranda Rights do not begin and end with your right to remain silent. They also include the right to be told why have been arrested, the right to stop answering questions after you have started, and the right to an attorney, whether a private attorney or one who is appointed to you. These rights should be read to you when you are arrested but they apply whether the police follow the procedure or not.

When to Take Advantage of Your Right to Silence

At Law Offices of Torrence L. Howell we do not recommend being completely silent when the police are questioning you. They will begin with basic information about you such as your name, address, or date of birth. You can – and should – answer these questions as they are not going to harm your case and can show the police that you are willing to cooperate. However, if the questioning goes beyond this then we recommend you take advantage of your right to remain silent.

How to Invoke Your Right to Remain Silent

Many people assume that simply remaining silent is invoking their right to do so. This is not the case. You must actually inform the police that you are invoking your right to remain silent if you want them to stop questioning you. Once you have told them that you are invoking your right to remain silent and want to talk to an attorney, they are required to stop questioning you. If you do not invoke your rights then the fact that you did not speak could potentially be used as evidence against you.

You Should Always Have an Attorney Present When Being Questioned by the Police

It does not matter if you are innocent, it does not matter if you have a rock solid alibi. If the police are questioning you then you should have an attorney present. It is that simple. At Law Offices of Torrence L. Howell we have seen it time and time again: A client knows they did not commit the crime and answers questions, only to accidentally implicate themselves. At a minimum this can be a hassle to get straightened out. In a worst-case scenario, it can lead to a false conviction.

If you are ready to talk to an attorney then we recommend contacting Law Offices of Torrence L. Howell at 909-920-0908 now for a free consultation.

It is not uncommon for there to be rumors about legal and illegal activities in California and throughout the country. One rumor we have heard more than once is that it is illegal to carry alcohol across the state lines. There are a number of reasons that you may want to, from taking a trip and wanting to bring some alcohol with you, to sharing your new favorite beer with someone who lives over state lines.

The question is: Does bringing alcohol across state lines mean committing a federal crime? The answer is that it depends on the state you are going to. Keep reading to learn more about this unique situation. If you need to talk to a criminal defense attorney, contact Law Offices of Torrence L. Howell at 909-920-0908.

Laws Vary State by State

It is generally not against the law to bring alcohol into a state. However, there are a few exceptions. In California, you can bring alcohol into the state as long as it is for personal use. Generally speaking, this means you can bring in around 60 liters, or the equivalent of five cases.

In Tennessee, until ten years ago it was a crime to bring in alcohol from other states. As of 2009 the law was overturned and now you can take alcohol into the state for personal use. Pennsylvania also had laws against bringing in alcohol from other states, but those were changed in 2015. However, anyone bringing in alcohol to another state is required to pay Pennsylvania state tax on said alcohol.

What About Dry Counties?

While there are currently no states in the United States in which it is illegal to have alcohol, there are still counties that are considered “dry counties.” This means alcohol cannot be legally bought or sold in them. Is it against the law to bring alcohol into this areas? According to the 21^st Amendment of the Constitution, a person could technically be facing both federal and state charges. However, this is rare and is unheard of when a person simply brings in enough for personal use.

There Are Strange Laws Regarding Alcohol in Many States

California has some strange laws regarding alcohol. For example, if you grab a dozen empty bottles of wine, rinse them out, put them in a box, and then put them in your backseat to take them to the recycling center, you could technically be charged with an open container even though there is no alcohol present.

In Colorado, you cannot bring wine into a restaurant. In Utah, you must order food before you can order alcohol in any establishment. In Pennsylvania, you can only buy alcohol in a state store and there are only 600 of them.

Remember that driving under the influence of drugs or alcohol is illegal in every state. If you are charged with this crime, contact an experienced attorney as soon as possible. You can reach Law Offices of Torrence L. Howell at 909-920-0908 now for a free consultation.

According to California law, child abuse is willfully inflicting cruel and inhuman punishment on a minor, or otherwise injuring them in a way that is not part of what the courts consider reasonable discipline. For example, hitting, kicking, pushing, punching, shaking, burning, or choking a child could all be child abuse. In most cases, spanking – when not excessive – will be considered reasonable discipline and not be considered child abuse.

This definition makes the situation seem cut and dry but anyone who’s been charged with child abuse knows there is nothing simple about this type of charge. Read on to learn about your potential defense options. Then contact Law Offices of Torrence L. Howell at 909-920-0908 to request a legal consultation.

More about the term ‘willful’

One important thing to note is that when it comes to child abuse, the idea that it must be willful does not mean that the adult meant to get the result of the action – only that they meant to take the action itself. For example, if an adult yanked hard on a child’s arm, they may not have meant to dislocate the child’s arm but if they did, then the action would be considered willful. Even though they did not intend the consequence, they did intend to take the action of yanking on the child’s arm.

Potential consequences of being convicted of child abuse

There are many factors used to determine punishment for an adult convicted of child abuse, including said adult’s criminal history and the specifics the case. However, it is common for a prosecutor to want to appear tough on this type of crime, and so they will more often charge a wobbler offense as a felony even when they can charge it as a misdemeanor.

If convicted of a misdemeanor, the penalty can be as harsh as a year in jail, but a felony conviction comes with two, four, or six years in prison with the possibility of a sentencing enhancement up to four years if there is a previous conviction for child abuse in the last decade. There are also fines of up to $6,000 for both felonies and misdemeanors.

Potential legal defense options for charges of child abuse

The reality is that child abuse allegations may be fake. The child could have made it up not understanding how serious the allegation was, or a co-custodial parent could have made it up out of anger or jealousy, or perhaps to get revenge. Defense options start with proving that the abuse did not take place. We can bring in expert witnesses to discount the allegations or to show that the actions taken do not meet the requirements.

Every case is different. If you have been charged with child abuse then you should contact an attorney as soon as possible. do not risk your freedom – contact Law Offices of Torrence L. Howell at 909-920-0908 now.

It is not a secret that social media use has grown exponentially in just a decade. Many people use it to stay in touch with family and friends, to share photos, to pots videos, and to keep up to date on current events. Many people don’t know that social media can also be used in a different way: By police who want to investigate criminal activity.

It is not uncommon for a person who has committed a crime to share information about that crime on their social media accounts. Law enforcement, in certain cases, can use this information as support to file criminal charges. Read on to learn more. If you have been charged with a crime, contact an experienced criminal defense attorney for a free legal consultation.

Police use social media in a number of ways

California law enforcement use social media in a number of ways. They can do this by looking for photos or videos you have posted that could be used as evidence or finding activity that shows your location at the time of the crime you are accused of. Remember that they may not just look at your account – they can also search for evidence on the walls and accounts of your friends and the groups you belong to.

Setting privacy controls to “friends only” may not help

Law enforcement can legally look at any public information you have on the internet. Does this mean that you can simply mark it “friends only” to prevent them from accessing it? Not necessarily. If anyone who can see your locked posts offers a tip or provides information to the police, then this can be used as evidence. It is also not illegal for a police officer to “friend” you to get access to private posts.

Is it constitutional to search social media accounts?

Some people understandably have concerns about the police searching through a person’s private life in this way. They say that it is in direct violation of the Fourth Amendment. Note that the Fourth Amendment protects citizens from unreasonable search and seizure.

First of all, it is not often the case that a police officer gets a warrant to search an individual’s private social media accounts by having probable cause that a crime has been committed. Actions that do not require a warrant include friending the suspect or getting information from a friend of the suspect. Any post that is public can be used without a warrant.

Stay off social media and call a criminal defense attorney

If you have been arrested for a crime, then the best thing you can do is to stay off of social media entirely. Do not post anything, no matter how innocent it seems. Instead, contact a criminal defense attorney and get a free legal consultation. No matter how minor or serious your charges are, you can count on Law Offices of Torrence L. Howell to offer an aggressive defense. Call our offices at 909-920-0908 now for a consultation.

If you are in a position of needing to hire a criminal defense attorney in Upland CA then you are likely not in a good place. You may be worried about your future. You are likely not sure of what you should be looking for in hiring an attorney. You can always reach out to Law Offices of Torrence L. Howell at 909-920-0908 for advice. You can also read on to learn the six things we recommend you consider when you hire a defense attorney.

1. Experience is essential

First and foremost, you need a criminal defense attorney in Upland CA who has experience. Attorney Howell has been in private practice for more than two decades. He knows how to handle a criminal case and can use his experience to your benefit.

2. Choose a criminal defense attorney in Upland CA with experience in your area

Many people don’t realize how important it is to choose an attorney who has practiced in their area. For example, Attorney Howell has practiced in courts in and around Upland, including the counties of San Bernardino, Riverside, Orange, and Los Angeles.

3. Look at the education of an attorney

Any attorney practicing law in California will have a certain level of education behind them. However, you need an attorney who has a strong educational background. For example, Attorney Howell has a B.S. in Accounting, an MBA, and a J.D. This combination of education gives him a unique perspective. You should also ask them how they work to keep up to date on the ever-changing laws in California.

4. Consider the particular type of crime you are charged with

You are going to want a criminal defense attorney in Upland CA who has experience with the particular crime you are charged with. You may also want an attorney with unique experience that helps with your particular charge. For example, if you are charged with a white-collar crime such as embezzlement, then the fact that Attorney Howell has an MBA can be especially helpful.

5. Work with an attorney who will keep you in the loop

The only thing worse than facing criminal charges is working with an attorney who will not keep you up to date on what is happening with your case. At Law Offices of Torrence L. Howell, we understand how trying this time is. We understand how important it is for you to stay in the loop. This is why we make communication a priority.

6. You need a free legal consultation

The first time you talk to your attorney, it should be during a free legal consultation. This gives you the opportunity to ask the relevant questions you have and to find out if the attorney you are considering is a good choice. If you are ready to begin with a free consultation, then contact Law Offices of Torrence L. Howell at 909-920-0908 today.