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Let Us Protect Your Rights...

Here is what to do if your are contacted by law enforcement:

In public: "I would like to go about my business. If I am free to leave, I request to do so."

If you are told that you have the right to an attorney before questioning: "I do not wish to appear uncooperative but I refuse to answer any questions without my attorney present.  My law firm is the Law Offices of Triessl and Morris at 818.990.5551."

If you are asked for consent to search: "I do not consent to any searches of my person, property or vehicle."

If you are asked for entrance into your home: "You do not have permission to come into my home."

If you are over 21 and are stopped on suspicion of driving under the influence of alcohol and/or drugs: "I will not take any field sobriety tests and I will not take the PAS test (the preliminary alcohol screening test)."

If you are under 21 and are stopped on suspicion of driving under the influence of alcohol and/or drugs: "I will not take any field sobriety tests."  You are not permitted to refuse the PAS test.

If you arrested for DUI: The officer must give you the option to take either a breath or blood test.  A urine test may be among the test choices if the officer suspects that you are under the influence of a controlled substance.  You must submit to one of these tests: you do not have the right to an attorney when making this choice or at any time before or during the test.

Let Triessl and Morris Protect Your Rights!

 

Awesone Things that Happen in Court

From a sentencing proceeding on a sex with a minor case, Ventura Superior Court, Friday, December 19, 2008 where we are asking for low term, three years, eight months in state prison

DA: ...In this case the People are requesting high term... because the defendant clearly needs a high term sentence because he does not realize how wrong his actions were...

As an officer of the Court, I will represent to this Court that the victim's mother as well as the victim see themselves as victims.

SBM (Sharon Beth Morris): Objection. Your Honor, there's no evidence...of what counsel has just indicated. Nothing in writing. Nothing oral. Nothing at all to suggest such. Absolutely none. Objection.

Court: ...objection is sustained.

SBM: Thank you, your Honor....

SBM: Your Honor, with regard to this case I want to assure the Court that responsibility has been taken...our argument, your Honor, is that this is not a naive, little, vulnerable girl. She herself says on multiple occasions, "they keep calling me 'victim.'" "This is my fault."..."I'm primarily the one that did this. I shouldn't have said anything this summer. I could have just let it go." Granted so
should have he, but, your Honor, in terms of who began the domino effect and pushed over the first one, that was not my client, your Honor. I don't mean to place blame. He does not mean to place blame...These are the facts of the case. As much as the police officer wants it to be different and offer her juice during her interview and as much as the D.A. wants her case to be stronger, the facts are what they are, your Honor...She's the one who pushed the domino.

Counsel [the D.A.] insinuated that I cavalierly wrote something. I am far from cavalier in this case. This is an extremely serious case. It is extremely important that the Court understand that this woman, counsel standing to my right, [the D.A.] has only said the number eight years, eight months. At seven minutes to 3:00 when I talked to her about return of property that's when I heard thirteen years, eight months. I think that's very disingenuous. There was nothing in writing
that she gave me. It was on page eight of my points and authorities at lines 12 and 13. "The prosecutor has said that eight years and eight months is the appropriate sentence in this case." If you're her and you disagree, my phone number is right on the pleadings...

The fact that the district attorney got the sentencing memorandum yesterday means that there's something weird going on in their office because that was about nine days ago when it was filed...

THE PROSECUTOR INDICATING THAT THIS MAKES HER ANGRY, SHE IS NOT TO BE ANGRY FOR THINGS THAT THE DEFENSE DOES TO BENEFIT HER CLIENT. THE PROSECUTOR IS TO REPRESENT THE PEOPLE OF THE STATE OF CALIFORNIA IN A CLAM, NONEMOTIONAL, UNBIASED WAY. GETTING ANGRY MEANS THAT SHE IS PUNISHING ME MORE LIKELY THAN ANYTHING...AND ASKING FOR THE THIRTEEN YEARS, EIGHT MONTHS...IS JUST SIMPLY, TOTALLY DISINGENUOUS.

Court: ...the defendant is committed to the Department of Corrections on Count 1 for the low term of three years.





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