When Cops Lock Up Good People (What You Can Do): Five Ways You Can Use People Power to Make a Difference and Help Fight Government Abuse
By Lorgio Coimbra, Esq.
Recently, we all learned about the abominable incident of the cop arresting a firefighter who was simply doing his job. It’s a particularly repugnant act given that we look to firefighters to save us from emergency situations like a fire or other life-threatening contretemps. Similar news items are become more commonplace. “Rogue” cops locking up people on extremely questionable grounds. However, even the term “rogue” is growing to be an anachronism as these incidents become the new normal. Outright unconstitutional searches, seizures and arrests. Equally unfortunate is the feeling of despair and helplessness that citizens experience when they continue to see these things happen. There is a feeling that personal liberty (and freedom from law enforcement abuses) is under assault and that we are declining into a police state. It can be demoralizing, understandably.
Don’t lose hope. You have far more civic power than you realize. Here are a few things you can do to ramp up your public participation and raise the spotlight with the hope of countering this tide of unchecked police power.
1. Keep posting on social media.
Much of the way people learn about current events is no longer the traditional so-called cable news outlets, which are accurately perceived as saturated in silly celebrity non-news, political platitudes framed as “op-eds” and even downright propaganda. On the other hand, Instagram, Facebook, Reddit, Twitter and other outlets allow you to digitally disseminate news as it's happening simply by linking it to your wall. It’s a great way to make others aware of these wrongdoings. Every little post that raises awareness is part of the fabric of social mobilization toward justice. And it’s a great way to take advantage of the digital technology available to you.
2. Make sure the politicians hear your voice.
Make sure the politicians know that their jobs are in jeopardy if they continue to be apathetic or indifferent in the face of injustice. You ought to Have readily handy the email, phone number and other contact information of your local councilman, assemblyman, State Senator, US senator and so forth. Circulate online petitions. Change.org is a tremendous resource in this regard. Trust me: politicians act when they think they will be booted from office. If a large number of people demand that something be done about a particular injustice, then the politicians’ selfish interests come into play and many times they will leap into action for the sake of preserving their seat. Regardless of the motivation, they have power and resources at their disposal that average citizens do not. They can deploy government resources to launch criminal investigations on cops who abuse their power. Obviously, this does not always work, as highlighted by the acquittal of the police officers accused of having killed Kelly Thomas. However, there are many other counter-examples where cops are brought to justice for their crimes.
3. Know a good lawyer and have his number at ALL TIMES.
A California criminal defense lawyer who also does police misconduct cases can help bring justice and help remedy the situation. The Coimbra Law Firm routinely handles criminal defense cases and we represent plaintiffs in police misconduct cases IF your case has good facts that show a clear violation of civil rights. Moreover, we offer free consultations so you have nothing to lose by calling if you think you have a case. Our website is: www.CoimbraLaw.com and our toll free phone number is 1-855-385-5245 (which actually spells out 1-855-FUK-JAIL as an easy way to remember it).
4. Participate in a legal defense fund: Say, your friend or relative or someone you may not personally know but with whom you sympathize is facing an unjust criminal charge and can probably beat the rap with a good lawyer but doesn’t have the money to afford a good one. Small contributions can go a long way. A legal defense fund is a great way for loved ones, friends and concerned citizens to pool their resources together to pitch in for solid legal representation. With an acquittal, the defendant – if he was roughed up by the cops and his civil rights were violated – may be able to pursue a successful civil action against the cops. This has an overall social impact over time because local government gets tired of having to dish out six or seven figure settlements or verdicts for their cops’ rogue actions, forcing them to crack down on police misconduct. Therefore, litigation can be a great engine for social justice.
5. Film cops. You have a First Amendment Right to film the police. Exercise it. It has already been recognized by various appellate courts. Understand there are risks involved, with some overly zealous prosecutors bringing bizarre charges (like “eavesdropping” and “wiretapping”) against people who film the cops, which is outright idiocy. Police observers film cops all the time. And if they arrest you for filming them, you may even have a good false imprisonment civil against them.
A good criminal defense law firm, like the Coimbra Law Firm, can get these absurd charges thrown out and then prosecute the cops in a civil action.
Be creative. Think outside the box. There are so many other great ideas relating to civil participation that many of you have thought of or will come up with. These are all great ways help combat the ongoing war on our Constitution. Bottom line: get involved.
We share your frustration. It is disheartening to see the militarization of our police, who are supposed to protect our citizenry, not antagonize them. So use the democratic tools at your disposal. Years later, you will have yourself and your fellow citizens to thank for a more humane and just society.
(Disclaimer: NOTHING here is legal advice. Nothing on this blog or any other public materials from our firm constitutes legal advice if any kind. If you have a specific case or question, call us at 1-855-385-5245 for a free consultation).
Recently, we all learned about the abominable incident of the cop arresting a firefighter who was simply doing his job. It’s a particularly repugnant act given that we look to firefighters to save us from emergency situations like a fire or other life-threatening contretemps. Similar news items are become more commonplace. “Rogue” cops locking up people on extremely questionable grounds. However, even the term “rogue” is growing to be an anachronism as these incidents become the new normal. Outright unconstitutional searches, seizures and arrests. Equally unfortunate is the feeling of despair and helplessness that citizens experience when they continue to see these things happen. There is a feeling that personal liberty (and freedom from law enforcement abuses) is under assault and that we are declining into a police state. It can be demoralizing, understandably.
Don’t lose hope. You have far more civic power than you realize. Here are a few things you can do to ramp up your public participation and raise the spotlight with the hope of countering this tide of unchecked police power.
1. Keep posting on social media.
Much of the way people learn about current events is no longer the traditional so-called cable news outlets, which are accurately perceived as saturated in silly celebrity non-news, political platitudes framed as “op-eds” and even downright propaganda. On the other hand, Instagram, Facebook, Reddit, Twitter and other outlets allow you to digitally disseminate news as it's happening simply by linking it to your wall. It’s a great way to make others aware of these wrongdoings. Every little post that raises awareness is part of the fabric of social mobilization toward justice. And it’s a great way to take advantage of the digital technology available to you.
2. Make sure the politicians hear your voice.
Make sure the politicians know that their jobs are in jeopardy if they continue to be apathetic or indifferent in the face of injustice. You ought to Have readily handy the email, phone number and other contact information of your local councilman, assemblyman, State Senator, US senator and so forth. Circulate online petitions. Change.org is a tremendous resource in this regard. Trust me: politicians act when they think they will be booted from office. If a large number of people demand that something be done about a particular injustice, then the politicians’ selfish interests come into play and many times they will leap into action for the sake of preserving their seat. Regardless of the motivation, they have power and resources at their disposal that average citizens do not. They can deploy government resources to launch criminal investigations on cops who abuse their power. Obviously, this does not always work, as highlighted by the acquittal of the police officers accused of having killed Kelly Thomas. However, there are many other counter-examples where cops are brought to justice for their crimes.
3. Know a good lawyer and have his number at ALL TIMES.
A California criminal defense lawyer who also does police misconduct cases can help bring justice and help remedy the situation. The Coimbra Law Firm routinely handles criminal defense cases and we represent plaintiffs in police misconduct cases IF your case has good facts that show a clear violation of civil rights. Moreover, we offer free consultations so you have nothing to lose by calling if you think you have a case. Our website is: www.CoimbraLaw.com and our toll free phone number is 1-855-385-5245 (which actually spells out 1-855-FUK-JAIL as an easy way to remember it).
4. Participate in a legal defense fund: Say, your friend or relative or someone you may not personally know but with whom you sympathize is facing an unjust criminal charge and can probably beat the rap with a good lawyer but doesn’t have the money to afford a good one. Small contributions can go a long way. A legal defense fund is a great way for loved ones, friends and concerned citizens to pool their resources together to pitch in for solid legal representation. With an acquittal, the defendant – if he was roughed up by the cops and his civil rights were violated – may be able to pursue a successful civil action against the cops. This has an overall social impact over time because local government gets tired of having to dish out six or seven figure settlements or verdicts for their cops’ rogue actions, forcing them to crack down on police misconduct. Therefore, litigation can be a great engine for social justice.
5. Film cops. You have a First Amendment Right to film the police. Exercise it. It has already been recognized by various appellate courts. Understand there are risks involved, with some overly zealous prosecutors bringing bizarre charges (like “eavesdropping” and “wiretapping”) against people who film the cops, which is outright idiocy. Police observers film cops all the time. And if they arrest you for filming them, you may even have a good false imprisonment civil against them.
A good criminal defense law firm, like the Coimbra Law Firm, can get these absurd charges thrown out and then prosecute the cops in a civil action.
Be creative. Think outside the box. There are so many other great ideas relating to civil participation that many of you have thought of or will come up with. These are all great ways help combat the ongoing war on our Constitution. Bottom line: get involved.
We share your frustration. It is disheartening to see the militarization of our police, who are supposed to protect our citizenry, not antagonize them. So use the democratic tools at your disposal. Years later, you will have yourself and your fellow citizens to thank for a more humane and just society.
(Disclaimer: NOTHING here is legal advice. Nothing on this blog or any other public materials from our firm constitutes legal advice if any kind. If you have a specific case or question, call us at 1-855-385-5245 for a free consultation).
Top Ten New 2014 Laws (and Changes to Laws) in California You NEED To Know About
By The Coimbra Law Firm
While revelers were out blissfully celebrating this New Years Day, many had no clue that a spate of new laws went into effect that same day. Some or many of these laws will have a direct impact on YOU or someone you know. Whether you’re a California driver, job-seeker, start-up entrepreneur, established business owner or simply a California resident, you or a loved one is bound to be affected. The Coimbra Law Firm generously provides us with a brief, easy-to-follow digest that everyone can understand. It behooves YOU to know.
Where the law has merely changed or expanded, you will find “2014 Change.” Otherwise, it’s a new law altogether. Also, many areas which are categorized a particular way may overlap with other areas.
LAWS AFFECTING CALIFORNIA MOTORISTS
1. Search Warrants for DUI Blood Tests
Beware, drunk drivers! Under an amendment (which actually took effect September 20th, 2013) to the criminal statute pertaining to search warrants, police can now ask a judge to issue a search warrant to draw blood from you in a “reasonable, medically-approved manner” to show that you violated California’s DUI laws PROVIDED:
- you refused a police officer’s request to submit to one
- and you failed to complete a blood test.
As you can imagine, this is sure to create many an uncomfortable encounter between motorists and police, particularly where the police accuse the motorist of being recalcitrant and resistant to a chemical test. This likely gives police fodder to conduct a forcible blood draw of a motorist so long as it is under the purview of “reasonable and medically-approved.”
2. “Three Feet for Safety” Act: Bypassing Bicycles
California motorists passing a bike proceeding in the same direction must pass at a distance no less than three (3) feet. In other words, you must give the bicyclist at least three feet of distance when you are maneuvering around him or her....or face a violation carrying a stiff monetary penalty (if a collision ensued from your failure to abide with this new law).
Beware, drunk drivers! Under an amendment (which actually took effect September 20th, 2013) to the criminal statute pertaining to search warrants, police can now ask a judge to issue a search warrant to draw blood from you in a “reasonable, medically-approved manner” to show that you violated California’s DUI laws PROVIDED:
- you refused a police officer’s request to submit to one
- and you failed to complete a blood test.
As you can imagine, this is sure to create many an uncomfortable encounter between motorists and police, particularly where the police accuse the motorist of being recalcitrant and resistant to a chemical test. This likely gives police fodder to conduct a forcible blood draw of a motorist so long as it is under the purview of “reasonable and medically-approved.”
2. “Three Feet for Safety” Act: Bypassing Bicycles
California motorists passing a bike proceeding in the same direction must pass at a distance no less than three (3) feet. In other words, you must give the bicyclist at least three feet of distance when you are maneuvering around him or her....or face a violation carrying a stiff monetary penalty (if a collision ensued from your failure to abide with this new law).
CRIMINAL LAW
3. “Pay Up, Liar!”: Persons Falsely Reporting an Emergency Will Have to Cough Up Restitution for Emergency ServicesCalifornia criminalizes the false reporting of a crime or emergency under California Penal Code Section 148.3. Prosecutors can prosecute this crime as a misdemeanor and, in some instances, a felony if the false report was likely to cause or caused great bodily injury or death.
2014 CHANGE:
In addition to the usual criminal penalties (which can include California State Prison for a felony conviction), the court can now tack on hefty restitution for “costs of...emergency response.” Cal. Pen. Code Section 148.3(e).
4. The Infamous “Paparazzi Law”
Many cynical observers believed this law was a suck-up to Hollywood by sycophantic and cowardly legislators. Whatever the motivation, it is now law and California residents, most notably the “paparazzi,” have to live with it.
Existing law, California Penal Code Section 11414, criminalizes harassing a child because of his or her employment. So, for example, if a photographer or “celebrity journalist” goes up to the son or daughter of XYZ celebrity and harangues him or her about his famous mom or dad, a prosecutor can levy a criminal misdemeanor charge against him.
2014 CHANGE:
The bill increases existing penalties to:
- up to one year in the county jail
- a fine of up to $10,000......OR BOTH!!
A second conviction can land the offender in jail for no less than 5 days and up to one year in jail and a fine of up to $20,000.
A third conviction can result in a $30,000 penalty and/or incarceration for up to one year (and no less than 30 days!)
BUSINESS LAW: Changes Affecting Certain Small Business Owners
5: Tattoo Artists: Expansion of the Safe Body Art Act.
The California Health and Safety Code regulates the application of body art, such as piercing, tattooing, branding and the application of permanent cosmetics via the “Safe Body Art Act.” (California Health and Safety Code Sections 119300-119328). Tattoo artists and other practitioners of “body art” have to register with a local law enforcement agency and their facilities have to meet requirements set out in the Act.
2014 CHANGE:
It is now illegal to perform body art at an “unpermitted location.” Violation of this or any other part of the Health and Safety Code Section 119323 constitutes a misdemeanor crime.
In addition, the amended law tacks on MORE requirements, like the disposal of “sharps waste,” compliance with the Healthy Insurance Portability and Accountability Act (or HIPAA) and “similar state laws.”
6: Limousine Businesses:
Senate Bill 109 requires limo drivers to unlock the doors on their limos in the event of an emergency. The limo owner or operators is required to give instructions to all passengers regarding safety features of the limousine and to disclose whether the vehicle meets all current safety requirements.
There are other provisions as well, including those concerning emergency exist which apply to limos extended or modified on or after July 1st, 2015. However, as of January 1st, 2016, these provisions will apply to all limousines (modified or extended to add length).
LABOR LAW
7. Employment Applications: Limitations on When Public Agencies Can Ask About Your Criminal RecordIf you are a job applicant, it’s already illegal for a public or private employer to ask you, to reveal, orally or in writing, information regarding an arrest or detention you sustained that did not result in a conviction.
The California Legislature enacted California Labor Code Section 432.9, to take effect July 1st, 2014, forbidding a state or local agency from asking you to reveal information about a criminal conviction UNTIL that agency has made the determination that you met the minimal job qualifications. There are exceptions, of course, but that is the new general rule.
8. Employment Applications of Ex-Convicts Whose Cases Were Expunged or Who Underwent Diversion
Pursuant to existing law, California employers are barred from asking a job applicant about convictions that were expunged under California’s “Expungement Law.”
2014 CHANGE:
No employer, regardless of whether it is a public or private entity, can ask a job applicant to reveal information about a conviction that was judicially dismissed or which the court ordered sealed OR who was referred to and participated in any pretrial or even post-trial diversion program.
This is the new “general rule” and there are exceptions.
IMMIGRATION
9. Driver’s Licenses for Undocumented Immigrants:In a move that generated much controversy, particularly among those vehemently opposed to illegal immigration, the California Legislature authorized the issuance of California Driver’s Licenses for”person[s]...unable to submit satisfactory proof of...presence in the [United States]...authorized under federal law] PROVIDED THAT meets all other qualifications and proof of identity and residency in California.
As you can imagine, the “proof of identity” may open the door to fraud if applicants misrepresent their identity on paper. It awaits to be seen how this will play out.
In spite of perceived drawbacks or problems, the issuance of driver’s licenses to undocumented immigrants may actually help protect US citizens and lawful permanent residents who are driving and are involved in a collision with motorists who were previously unlicensed. This is because California drivers are required to be insured. Thus, it brings undocumented immigrants into the wider pool of motorists who are legally required to exercise responsibility via registration and proof of insurance.
The bill goes into effect January 1st, 2015, although that date may be accelerated if the DMV Director “executes a specified declaration.”
10. Unauthorized Practice of Law
We are including this one here because the legislation arose under the looming prospect of federal immigration reform and the opportunism of criminals, paralegals, “notarios” and other non-lawyers to prey on the undocumented immigrant community by posing as “lawyers.” It is a now a misdemeanor crime to literally translate from English to Spanish or another language, in any document (like letterhead, a business card or an advertisement) that a person is a lawyer who is not, in fact, a lawyer. The State Bar can also bring a civil action and recover hefty penalties (i.e., at $1,000 for every day this law is violated!).
WE CAN HELP YOU: 1-855-385-5245 (TOLL FREE CALL)
Los Angeles Lawyer Lorgio Coimbra is the Winner of Pasadena Magazine's 2013 Award for Top Attorney. He is also the Winner of Excellence in Constitutional Law and Legal Analysis and Writing. The Coimbra Law Firm can represent you if you are facing criminal charges. We can assist you in other areas as well, including employment law and business law.
Call us at 1-855-385-5245 or visit us at www.CoimbraLaw.com if you have questions or would like to schedule a consultation. Free initial consultations available.
Disclaimer: Nothing in this article or anywhere on this blog constitutes legal advice of any kind. Picture(s) above are featured for illustrative purposes only and is/are no reflection on the person(s) depicted whatsoever. Attorney licensed in the State of California and, therefore, accepts California cases only.
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