You can be charged with a drunk driving offense if you drive with a blood alcohol level over the state’s maximum permissible blood alcohol limit. The limit for adults is 0.08% in all 50 states. In October, 2000, Congress passed a law requiring all states to adopt a limit of 0.08%. In addition to that, some states have “zero tolerance” limit for young drivers, including California.

You may also be charged with DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking, judging distances, or any other physical or mental ability used in driving, you may be found guilty of a drunk driving offense.

As a criminal defense attorney, I have handled literally thousands of DUI/DWI cases. If you need help, contact me.

~ Dan Koukol, Criminal Defense Attorney

Using the Reid technique the interrogator attempts to get the suspect to admit guilt through the use of specific strategies such as alternative or contrasting questions, or offering the suspect two choices, one of which is more damaging than the other.

The following is a description of the nine steps of the Reid technique: 

Step 1: Start with direct confrontation in order to lead the individual being interrogated into thinking that the evidence indicates he or she a suspect. Offer the person an early opportunity to explain why the offense took place. 

Step 2: Try to shift the blame away from the individual to some other person or set of circumstances that may have prompted them to commit the crime. That is, develop themes containing reasons that will justify or excuse the crime. Themes may be developed or changed to find one to which the accused is most responsive.

Step 3: Never allow the suspect to deny guilt. The Reid training video states: “If you’ve let him talk and say the words ‘I didn’t do it’, it is more difficult to get a confession. In fact, the more often a person says ‘I didn’t do it’, it will be increasingly more difficult to get a confession.”

Step 4: At this point, the accused will often give a reason why he or she did not or could not commit the crime. Try to use this to move towards the confession. 

Step 5: Reinforce sincerity to ensure that the suspect is receptive. 

Step 6: During the interrogation, the suspect will become quieter and listen. At this time, move the theme discussion towards offering alternatives. If the suspect cries at this point, infer guilt.

Step 7: Pose the “alternative question,” giving two choices for what happened; one more socially acceptable than the other. The suspect is expected to choose the easier option, but whichever alternative the suspect chooses, guilt is admitted. 

Step 8: Lead the suspect to repeat the admission of guilt in front of witnesses. 

Step 9: Document the suspect’s admission and have him or her sign a confession. 

Critics of the Reid technique contend that it can elicit false confessions from innocent persons. In fact, the use of the Reid technique is prohibited in Great Britain on youth because of the likelihood of false confessions and the wrongful convictions that result. 

A very common complaint made by defendants is that the police report misstates what the defendant said, or that the way their statement is written is misleading. If you assert your right to remain silent you do not give the officer any statements that he or she can misquote or misconstrue.

Always remember your right to remain silent. Always have your attorney present during any interview with the police or investigators.

As a criminal defense attorney, I can protect your rights. Contact me for help.

~ Dan Koukol, Criminal Defense Attorney

One might assume that this is just a movie technique. After all, we’ve seen it so much on TV. Would it really work in real life?

The truth of the matter is that the Good Cop, Bad Cop technique can be used in a number of ways, and the technique does employ some tried and true interrogation techniques.

The Bad Cop can put you on the defensive. He or she could be the one to use the lawful misstatements like: “We found your fingerprints at the crime scene” or “We found evidence on your cell phone that incriminates you”.

The Good Cop will then take over and console you by saying things like: “You’re not really a suspect. We just need you to help us understand what happened” or “We’re just talking, here. This is your chance to tell your side of the story”. Another common line is: “If you haven’t done anything wrong you shouldn’t have any problem answering a few simple questions”.

Between the Good and Bad Cop they can work their way through their interrogation techniques until they’ve led you to a confession. One can make a direct accusation, while the other will shift the blame to someone else. One can keep berating the suspect, while the other can pose the “alternative questions”, trying to convince the suspect to admit to something.

Law enforcement officials have been working a long time at discovering evidence, and their interrogation techniques are well tested. So no matter how many times you’ve seen it on TV, don’t just assume that you can deal with their “little tactics”. They’ve had more real world experience with them than you do. Always consult a lawyer before answering any questions, and let him decide which is the Good Cop and which is the Bad Cop.

As a criminal defense attorney, I have helped thousands of people deal with these kinds of situations. If you are facing any interviews with law enforcement or have been accused of a crime, give me a call.

~ Dan Koukol, Criminal Defense Attorney

Step 1 – Determine if you are free to leave by saying:  “Am I free to leave?”

In order to detain you, the police must have “reasonable suspicion” that you are involved in a crime. If they say you are free to leave you should leave immediately, without saying anything else.

Step 2 – If you are not free to leave say:  “I’m going to remain silent and I would like to see a lawyer.”

The Fifth Amendment to the U.S. Constitution says that no one “shall be compelled in any criminal case to be a witness against himself.” Therefore, you cannot be forced to talk. In order to exercise this right, you must actually remain silent. This means no small talk, no questions, no jokes, only silence. The only exception is that you must give your name and your address when asked.

Remaining silent is easier said than done because it is human nature to try and talk yourself out of trouble and to cooperate with authorities. It takes self control (and practice) to exercise your right to remain silent. However, doing so is the most important thing you can do to help yourself in this situation.

In Escobedo v. Illinois, 378 U.S. 478 (1964), the United States Supreme Court held that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. If the suspect asserts is or her right to counsel; the police must immediately stop the interrogation and they cannot resume the interrogation unless an attorney is present or the suspect re-initiates contact.

Step 3 – If the police ask (or begin) to look through your belongings say:  “I do not consent to a search.”

This will make it clear that you are not giving the police your permission to search. Surprisingly, the vast majority of searches (which result in finding unlawful things) are conducted with the consent of the defendant. 

These steps are listed to help you protect yourself in the case of an encounter with law enforcement. Always remember, the best thing you can do for yourself is to do everything in your power to avoid an encounter in the first place.

If you have been accused of a crime, questioned by the police or been subject to a search of your possessions, I can give you sound legal advice.

~ Dan Koukol, Criminal Defense Attorney

In the back seat of the police car: If you have been arrested with someone else and you are left alone in the back seat of the police car with that person you should be aware that your conversation is probably being recorded.  Neither of you should say a word.

Cell-Mates: Don’t talk to your cell-mates about what happened to you or about your case. Don’t even talk about mutual acquaintances. It is common for other inmates to want to use the information you gave them to improve their own legal predicaments. It is unwise to leave your legal papers (especially police reports) unattended in your cell because other inmates may read them and then be able to fabricate more believable stories about things you said.

Telephone calls from jail: All telephone calls made by inmates from the jail may (and usually are) recorded. In many counties every call is screened for potential evidence value. These conversations will be used against you. If you are calling your attorney the conversation should begin with the statement “This conversation is a confidential communication between attorney and client”. Even with this statement being made it is generally not wise to have any conversation which you need to remain confidential using a jail telephone.

Visits in jail: All conversations which occur during jail visits (except attorney visits) are recorded and are screened for potential evidence value. These conversations will also be used against you.

Mail in and out of the jail: It is probably no surprise that all the mail to and from inmates in the jail is read and screened for potential evidence value. Both the content of the mail and the identity of the person corresponding may be useful for the prosecution.  When you write to your attorney you should mark the outside of the envelope “Confidential Legal Mail”.

Conversations with friends and family: Statements you make to your friends and family may be used against you. It’s best to tell everyone “I’m sorry, but my lawyer says I can’t talk about the case, not even with my family and closest friends. But it means a lot to me to know that you’re on my side. I hope you can come to court and show that there are people on my side”.

These mistakes can and should be avoided when you have any encounters with law enforcement. Once you’ve had a chance to consult an attorney you’ll be in a better position to know how to protect yourself.

As a defense attorney with over 20 years experience, I can give you the best legal advice for your particular case. Contact me for a consultation.

Dan Koukol, Sacramento Criminal Defense Attorney

1. The statements you make can be introduced against you by the prosecution but the opposite is not true. Your statements cannot be introduced by you (or your attorney) to help you in court (see California Evidence Code section 1220).
2. Comments you make, which you think will help you, may actually hurt you. 
3. The police can lawfully lie to you (and trick you) during questioning (Frazier v. Cupp, 394 U.S. 731 (1969)) 
4. The police have been trained to get you to incriminate yourself using a technique that many feel can result in false confessions. 

What can police officers say in an attempt to get you talking?  Some of the more popular methods include: 

• You are not a suspect. We are simply investigating a crime. We need you to help us understand what happened.
• If you haven’t done anything wrong, you shouldn’t have any problem answering my questions.
• If you don’t answer my questions I won’t have any choice but to take you to jail.
• This is your chance to tell your side of the story.
• We are just talking. I’m not asking you to sign anything.
• We have all the evidence we need to convict you. 
• There is only one person who can help you right now and that is you.
• If you could talk to the victim right now, what would you want to say.
• It sounds like you were acting in self defense.
• There are a lot of ways this could be charged. What we are doing right now is trying to understand what happened so we can make a decision which way to charge it.
• Did you take the money so you could take care of your kids? 

Depending on the situation, questions like these can get a suspect to the point that he or she just wants to start talking to “straighten things out”.

Always remember to remain silent no matter what, because, as I pointed out, police officers are also allowed to lie to you to get you to talk with them and to confess to wrongdoing. Examples of lawful misstatements include: 

• The police found your fingerprints at the crime scene.
• Your vehicle was seen at the crime scene.
• Physical evidence linked to the victim was found in your car.
• The murder weapon was discovered.
• The murder victim is still alive.
• We discovered another witness. (There is no other witness).
• We have a surveillance videotape showing you committed the crime.
• Your friend has snitched on you.
• The victim has positively identified you.
• Evidence on your cell phone incriminates you.
• Your DNA was found at the crime scene. 

In many of these cases a denial could be as good as a confession. Simply remain silent; except, of course, to ask for a lawyer.

As a criminal defense attorney, I can give you straight forward, honest advise about your case. Contact me to schedule a free consultation. Don’t forget to “remain silent” when speaking to law enforcement.

Dan Koukol, Placer County Criminal Defense Attorney

First and foremost an experienced criminal defense attorney can determine if it is in your best interest to share your information with the authorities.  Because he or she understands the intricacies of criminal law you can avoid answering questions that you think might help you, but will, in fact, hurt you.

For example, without being aware of it, suspects often admit to “aiding and abetting”, being an “accessory”, or being involved in a “conspiracy”.  Your attorney will probably also assess whether your statements could provide the police with facts which may be used to prove where you were, who you were with, or other possibly damaging information.  A very careful assessment of what you have to say before you say it is imperative.

If you and your attorney decide it is in your interest to answer the police officer’s questions, your attorney will probably express your willingness to cooperate and at the same time establish the rules regarding the questioning.  He or she will certainly not allow the police to engage in any of the deceptive questioning techniques like those used in the Reid technique.

Furthermore, if you have information about the crime your attorney may be able to negotiate an immunity agreement in exchange for the information.  (Needless to say, on your own you would not have access to the prosecutor to get such an agreement.)  Your attorney may also insist that the interview is recorded or videotaped so there will be no question about what exactly was said.

Finally, being prepared and conducting the meeting on your terms will vastly improve the odds of you succeeding.

As a criminal defense attorney, I can advise you on all the particulars of your case. Contact me to schedule a free consultation. As a professional criminal attorney, I have the knowlege that can help you.

Dan Koukol, California Criminal Defense Attorney

As you know this is a very scary situation to be in. I have found, in most cases, the people who meet with me find that learning about their situation and formulating a plan to move forward brings them significant relief. I believe that the more a client knows about the law, the better equipped he or she will be to make educated decisions. Helping people achieve the best possible outcome is always my number one goal.

I specialize in Criminal Law in California and have 20 years experience defending people that have been accused of felonies and misdemeanors. I have extensive trial experience including high profile capitol offense cases and 3 strikes cases. I have had excellent results practicing as a criminal defense attorney in all kinds of cases including DUI’s, drug related charges, sex offenses, murder, burglary, robbery and grand theft.

My primary strength is that I have a solid understanding of criminal defense in California.  Because of my background creating the CrimeTime sentence calculation product, I have extensive knowledge about California criminal law. Additionally, I have a unique ability to recognize opportunities that would enable us to reach mutually beneficial settlement agreements. I also have a reputation of being a hard fighting litigator and a very experienced trial attorney.

If you or a loved one is facing criminal charges of any kind, contact me so that we can discuss all of your available options and begin to formulate a plan of action to move forward and achieve the best possible outcome.

Dan Koukol, California Defense Attorney