Palm Desert High School Students Arrested

Palm Desert High School students arrested Thursday December 16, 2010

5 things you need to know gathered from the internet regarding your Constitutional Rights.

( not to be considered as legal advice.) Consult a good Criminal attorney for legal advice but be aware of this:

1. YOU HAVE THE RIGHT TO REMAIN SILENT ! ONLY SPEAK TO YOUR ATTORNEY!

THE POLICE MAY SAY YOUR FRIEND IS CUTTING A DEAL OR RATTING ON YOU SO YOU WILL TALK. OFTEN THIS IS A LIE. THE POLICE CAN LIE TO YOU REGARDING THE CASE IN ORDER TO GET YOU TO TALK THIS IS LEGAL! ..... 

BUT IT SHOULD NOT BE.

2 You maybe told you can enter a plea of Guilty or Not Guilty, or No Contest this is incorrect .

YOU CAN ENTER A MUTE PLEA.

California PENAL CODE SECTION 1024

If the defendant refuses to answer , the accusatory pleading,

by demurrer or plea, a plea of not guilty must be entered.

( The Not Guilty Plea is entered by the Judge)

NOTE: Mute" plea: In California, you may "stand mute" instead of making a plea.

The court will then enter a plea of not guilty. (you can tell the Judge you want to enter a Mute Plea. Then say nothing. )By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.

3 NEVER WAIVE YOUR RIGHT TO A SPEEDY TRIAL

SOMETIMES THE JUDGE MAY SAY "DO YOU WAIVE TIME " SAY NO I WILL NEVER WAIVE TIME OR MY RIGHT TO A SPEEDY TRIAL.

(If you have already waived time correct it by telling your attorney)

4  YOU HAVE A RIGHT TO HAVE YOUR CASE HEARD BY A JUDGE, NOT BY A "TEMPORAY JUDGE " OR "COMMISSIONER". ALWAYS DEMAND A REAL JUDGE THEY KNOW THE LAW

5  IF YOU CAN'T AFFORD AN ATTORNEY YOU CAN GET A PUBLIC DEFENDER .

DON'T LET THE PUBLIC DEFENDER PUSH YOU INTO WAVING YOUR RIGHT TO A SPEEDY TRIAL OR YOUR RIGHT TO A REAL JUDGE OR A MUTE PLEA.

GET ON THE NET ! START READING ABOUT THE CHARGES YOU WERE CITED FOR. MAKE SURE THE DISTRICT ATTORNEYS OFFICE IS CHARGING YOU CORRECTLY.

SOMETIMES THEY WILL CHARGE YOU WITH A FELONY AND IT SHOULD BE A MISDEMEANOR. SOMETIMES A FIRST TIME OFFENSE CAN BE CHARGED AS A FELONY OR MISDEMEANOR THESE ARE CALLED WOBBLERS.

WHEN DOING NET RESEARCH ALWAYS MAKE SURE YOU ARE LOOKING AT CALIFORNIA LAW AND CASES ; OR US SUPREME COURT CASES

Read the US and California Constitution.....GOOD LUCK R.W.