As the brains behind the law practice of Karalash & Associates, Daniel Karalash is a fine figure to ask what people should know about California criminal law. After all, he is an experienced Sacramento criminal lawyer. But his answers may surprise you, because Karalash, as a lawyer, cannot confine to California what’s important about understanding criminal law.
When recognizing what’s integral about California criminal law, Karalash believes that “constitutional rights are of primary concern.” He’s talking about the rights granted by the United States Constitution to all citizens. “That means the right to remain silent, the right to be free from unreasonable searches,” says Karalash.
“These days, there are many problems with cops trying to trip people up” on their right to remain silent, Karalash continues. He says that when a cop says, “I want to search your house,” you can respond in kind that you require the officer to show a warrant. And that’s the law: Without a warrant or invitation from you, the police cannot search your home.
Likewise, if an officer asks to search your car, you’re best off saying “no,” Karalash insists. “He might trick you and say ‘if you have nothing to hide, then why won’t you just let me search your car?’ But a cop needs a warrant to search your car. Don’t be intimidated by the cops.”
Karalash says that a police officer who forces someone to allow a search of his car without a warrant is violating the United States Constitution. “The Fourth Amendment says that I have a right to be secure in my person,” says Karalash.
In fact, this is even true when it comes to the TSA. “Would you let ‘em look at you naked at the airport?” asks Karalash, referring to the high-detail X-ray machines being put into use in airports across the United States. “No way would I let them do it.”
Karalash’s ultimate advice? If you ever find yourself on shaky grounds with law enforcement officials, get yourself a good criminal lawyer and stand up for your constitutional rights.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.