David H. Bartick

Law Offices of David H. Bartick
The SBC Building,
101 West Broadway, Suite 1950,
San Diego, CA 92101.
Telephone: (619) 231-8900
Facsimile: (619) 231-8075
Website: barticklaw.com
e-mail: db@barticklaw.com


				Do I Need an Attorney? If you have been contacted by law enforcement, or if you believe that you are a targeted suspect of a specific crime, then you should consult an attorney. The Law Firm of David H. Bartick does not charge for an initial consultation. By speaking with our office, we will be able to evaluate your situation and determine if it is necessary for you to secure legal counsel. What Are My Rights When Contacted by Law Enforcement? You have an absolute right to decline to speak to any law enforcement officer or investigator. If you are detained or arrested, you should not answer any questions, except to give your name and address and show some identification if requested. In fact, you should not have any further communication with the law enforcement officer unless you are assisted by an attorney. The Law Firm of David H. Bartick can advise you on when it is appropriate to speak to the authorities. What Are My Constitutional Rights? Whether you are a juvenile, an adult, a citizen or a non-citizen, you are entitled to certain rights if you are arrested. These rights are referred to as the Miranda warnings, and they are as follows: You have the right to remain silent. Anything you say may be used against you. You have the right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you. These rights only have to be given if you are in custody, and even if request an attorney and continue to talk, your answers can be used against you if you testify to something different in a subsequent court proceeding. Therefore, you should not make any statements to a law enforcement official unless assisted by counsel. The police can require you to provide certain physical evidence. If you are suspected of driving under the influence, you may be requested to take a test to measure the amount of alcohol or drugs in your system. If you refuse to take the test, your driver's license will be suspended, and your refusal can be used against you in court. If you are arrested, the police can take your fingerprints and photograph. Our office can advise you on how to protect your rights. Who Can Make an Arrest? In most cases, any local or federal law enforcement officer can arrest you whether they are on or off duty. They can arrest you even if they do not have an arrest warrant, as long as they have probable cause to believe that you committed a felony. The police do not have to see you commit a felony in order to arrest you. Any person can make a citizen's arrest if he or she sees a misdemeanor being attempted or committed. The Law Firm of David H. Bartick can evaluate your case to determine if the arrest was lawful. When Is an Arrest Warrant Used? Generally, an arrest warrant is required before you can be taken into custody from within your home. You can be arrested at home, without a warrant, if fast action is necessary to prevent you from escaping, destroying evidence, endangering someone's life or seriously damaging property. An arrest warrant must be signed by a judge, who must have good cause to believe that you committed a crime. Once an arrest warrant is issued, any law enforcement officer in the state can arrest you, even if the officer does not have a copy of the warrant. Unless there is an emergency, a law enforcement officer must knock and identify him or herself before entering your home. If you refuse to open the door, the officer can break in through a door or window. Our office can determine if there is a warrant for your arrest, and if necessary, we can arrange for a self-surrender and protect your rights. When Can an Officer Conduct a Search? Generally, an officer can make a search with either your consent or a search warrant. You have the right to see the warrant before the search begins. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are arrested, an officer can search you, without a warrant, for weapons or evidence. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop you for any legal reason, they can seize illegal objects in plain view. If you, your home or your car is searched illegally, a judge can rule that any evidence found during the search cannot be used against you in court. The Law Firm of David Bartick has been very successful in litigating suppression motions, which often leads to the dismissal of charges. What is Bail and How Is it Set? The amount of the bail is determined by a schedule in State court, and by the judge in Federal court. You may be eligible to be released without posting money or other security if you can demonstrate strong ties to the community. Once bail is set, you may be able to secure your release by depositing money directly with the court or by placing a lien on real property, thereby avoiding bail bond fees. If you fail to appear in court, your bail will be lost, and a warrant will be issued for your arrest. The Law Firm of David H. Bartick can often reduce your bail, and assist in securing your immediate release. What Happens at an Arraignment? The arraignment is the first court hearing, and you will appear before a judge who will tell you officially the charges against you. A plea of not guilty will be entered on your behalf, and future court appearances will be scheduled. Bail can be raised or lowered depending on the circumstances of the case. If you are charged with a misdemeanor, our office can generally appear on your behalf, and you do not have to personally attend the arraignment proceeding. What Happens at a Preliminary Hearing? During the preliminary hearing, the prosecutor must present evidence showing a reasonable suspicion that a felony was committed and that you committed the crime. The judge must be convinced that there is sufficient evidence to bring you to trial. A second arraignment is held if you are bound over at the preliminary hearing, and a motion date and a trial date are calendared. The Law Firm of David Bartick will often prepare for trial with the assistance of licensed private investigators and appropriate expert witnesses. What Happens During a Jury Trial? A jury trial is the proceeding where the prosecutor has the burden of proving their case beyond a reasonable doubt. You and the prosecutor have a right to have the trial heard by twelve jurors, or you and the prosecutor can stipulate to the case being heard by a judge alone. The prosecutor has the burden of proof of presenting evidence through witnesses that you committed the offense. If a jury trial is held, all of the jurors must unanimously agree on a verdict, otherwise a mistrial is declared, and the case could be tried again. Our office has tried some of the most serious and complex cases to be litigated in the United States. Who Maintains Criminal Records and Can They Be Expunged? Local police departments and the State and the Federal Department of Justice keep arrest and conviction records. The records include when and why you were arrested, the disposition of the case, and the ultimate sentence imposed. If you are convicted of a crime, are placed on probation and successfully complete the probation, you may be able to have the conviction set aside and the case dismissed. If you are convicted of certain felonies and you successfully complete probation, you may ask that the felony be reduced to a misdemeanor, and that the case be dismissed. This may be helpful for employment background checks. The Law Firm of David Bartick can advise you as to whether your former conviction can be set aside. Legal Disclaimer: The above information is not a legal opinion, and should not be relied upon as such. Attorney David Bartick can provide reliable legal advice only after he is familiar with all the facts bearing upon a particular situation, and only after he has undertaken appropriate legal research into all relevant laws bearing upon those facts. Call the law firm of David Bartick for a free consultation.