Drunk driving is one of the most commonly committed crimes in America, and celebrities are just as likely to drive under the influence as the general populace. While you may feel all alone when you have been charged with a DUI, remember that many people (including some of the most famous people in the world) have also been charged with driving under the influence of drugs or alcohol. While this list of famous drunk driving cases shouldn’t inspire anyone to follow in the footsteps of their favorite celebrities, it’s a reminder that anyone can be charged with driving under the influence, no matter how rich or famous they are.

Justin Timberlake: Chemical Test Refusal

Officers spotted Timberlake running a stop sign and failing to stay in his lane while driving in Sag Harbor, New York. Upon pulling him over, they saw that he had glassy eyes, slurred speech, a poor attention span, difficulty smelling, and he smelled like alcohol. Timberlake told officers he had only one martini, but refused to take a chemical DWI test. If he actually only had one drink, he may have tested below the legal limit, but refusing may have made it harder for him to fight the charges.

Unfortunately for Timberlake, New York has an implied consent law that requires drivers to submit to these tests or suffer an automatic license suspension that will still apply even if the driver is found innocent in their criminal DUI trial. While the singer/actor’s attorney says he plans to fight the charges in court, this will be more challenging because the prosecution can present his refusal to take a chemical test as evidence against him.

Britney Spears: A Recent First-Offense

Following the arrest of her ex, Britney Spears was arrested in March of 2026 after speeding erratically on the 101 in Los Angeles. During the traffic stop, her speech was rapid and slurred, and officers say they smelled alcohol immediately upon stopping her. She willingly submitted to a chemical test, was placed under arrest, and released later in the day.

While her BAC was never released, she was formally charged with driving under the influence of alcohol and drugs. Spears later pleaded guilty to wet reckless charges and agreed to check herself into rehab.

Tiffany Haddish: 2 DUIs in a Row

In November of 2023, Haddish was found asleep in a running car parked in front of the driveway of a Beverly Hills home. While the actress claims her BAC at the time was only .03%, she was charged with having a DUI above 0.08% and a DUI charge for driving under the influence regardless of the driver’s BAC. Fortunately, she was able to secure a plea deal for a misdemeanor wet reckless instead.

The actress says she no longer drinks after the experience, which is probably a good thing, because she was charged with a similar offense in Georgia in 2022. That case is still making its way through the courts, as her lawyer claims the officers who stopped her vehicle lacked reasonable suspicion to stop her vehicle. Her defense will be more difficult as the judge ordered her to avoid using any drugs or alcohol before she was arrested for the Beverly Hills incident.

Amanda Bynes: Hit and Run and Multiple DUI Charges

Being a child star isn’t easy, but police still won’t let you use that as an excuse for sideswiping a patrol car while driving under the influence of drugs. Unfortunately for Amanda Bynes, that’s exactly what happened to her in 2012. Before the charges were resolved, she racked up multiple hit-and-run charges and was charged with driving without a license. Shockingly, all the charges were dropped with the exception of the DUI, for which was only sentenced to three years probation and DUI classes.

The child celebrity was then arrested for a second DUI only two years later. Those charges were later dropped, and she was then charged with a probation violation, though the district attorney declined to press charges.

Justin Bieber: Illegal Racing DUI

Some celebrities are particularly notable when it comes to the circumstances of their DUIs. For example, Justin Bieber was stopped for illegal racing in Miami Beach in 2014. While Bieber was not drunk, he did have marijuana and Xanax in his system when he was pulled over. To make matters worse, he was also accused of evading police and driving with an invalid license.

His case was settled in a plea bargain that required the Biebs to pay $50,000 to a youth charity and pleaded guilty to careless driving (a less serious form of reckless driving in Florida) and resisting arrest. He also had to attend anger management counseling and a drunk driving program. All things considered, Bieber got off pretty lightly, given the charges he could have faced.

Tiger Woods: Multiple Non-Alcohol DUIs

In 2017, Tiger Woods was found asleep in a running Mercedes stopped in a traffic lane with its right blinker flashing. He was not under the influence of alcohol or even illegal drugs when police stopped him. Even so, when they pulled behind his already-stopped vehicle, it was evident that something was not right. The two tires on the right side of the vehicle were flat, and the rims had suffered damage, along with the driver’s side front bumper area.

Woods willingly answered police questions and submitted to a handheld portable breathalyzer and field sobriety tests. He said he suffered an unexpected reaction to prescription drugs, including the opiate Vicodin, and tested positive for Vicodin, morphine, Xanax, Ambien, and marijuana —a serious combination of drugs that are unsafe for use while driving. He was able to enter a diversion program that allowed the charges to be dropped after he completed a year-long probation program involving DUI classes, community service, and a DUI impact panel.

Almost a decade later, he was arrested after his SUV flipped after clipping the side of a trailer. While he passed the Breathalyzer, he refused to submit a urine sample and was charged with a misdemeanor for violating the Florida’s Implied Consent law. Officers say he showed signs of impairment and had two pain pills in his pocket.

He is being charged with two misdemeanors, one related to DUI test refusal and one for DUI with property damage. The court is currently working its way through the courts, but a plea bargain is likely.

Lindsay Lohan: Two DUIs and Drug Possession

Lindsay Lohan is perhaps the best-known of all celebrities with two or more DUIs. She has also been in trouble repeatedly after failing to uphold the terms of her probation.

She was first arrested for drunk driving in May of 2007 and was voluntarily fitted with a SCRAM sobriety monitor ankle bracelet. Only a few months later, she was again arrested for drunk driving, along with felony possession of cocaine and driving on a suspended license. She pleaded guilty to misdemeanor cocaine use and a second DUI and was sentenced to one day in jail, community service, an alcohol education program, and three years of probation.

In October of 2009, her probation was extended for another year after she repeatedly failed to uphold the terms of probation, including appearing at scheduled court appearances and her alcohol program. After missing another court date and a DUI progress hearing, in May 2010, she was sentenced to 90 days in jail and 90 days in an inpatient rehab program. In September 2010, her probation was revoked after she failed a drug test.

What Celebrity Has the Most DUI Arrests?

That could be Keifer Sutherland, who has been arrested and charged with drunk driving four times, though he has only been convicted twice. In 1989, he was arrested for drunk driving, reckless driving, carrying a concealed weapon, and carrying a loaded firearm in a public place. All but the reckless driving charges were dismissed. In 1993, he was again arrested on suspicion of DUI and, once again, pleaded the charges down to reckless driving.

In 2004, he was successfully convicted of driving under the influence, followed by a second DUI conviction in 2007. He was sentenced to 48 days in jail for the second offense, 18 for violating his probation from the prior charge, and 30 for the DUI itself. While this sentence is fairly typical for a second drunk driving conviction, what was atypical is the fact that the court allowed him to serve his sentence in segments so he could continue working on the season of 24 that was filming at the time.

Interestingly, he seems to have been arrested a fifth time for DUI in 2020; however, there is very little information available regarding the outcome of that case.

While stars with DUIs are common, they are also charged with many crimes aside from drunk driving, including domestic violence and homicide. Remember that you don’t need to be rich and famous to afford the kind of top-quality representation you can get from someone like attorney Peter M. Liss. If you have been accused of driving under the influence, please call (760) 643-4050 to schedule a free initial consultation.

The post You Won’t Believe These Famous DUI Cases appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

Despite what you may see on TV, being a police officer involves more than issuing tickets, making arrests, searching crime scenes, talking to witnesses, and interrogating suspects. One thing they leave out on the procedurals is all the paperwork officers must fill out as part of their jobs. However, a new AI technology called Draft One aims to dramatically reduce the time police spend filling out crime and arrest reports. But can AI be trusted to write things as crucial as crime police reports? Here’s what defense attorney Peter M. Liss has to say on the topic.

How Does Draft One Work?

Draft One is a new software from Axon that uses the same artificial intelligence technology as ChatGPT to generate police reports based on the audio from body-worn camera footage. Officers are encouraged to narrate the activities they encounter as they do their job so the law enforcement technology can create a report based on the script from their body cams.

Whereas it can take an officer 30 to 45 minutes for an officer to write a typical report, AI can produce one in less than 10 seconds. After the report is generated, it is up to the officer to review its factuality, make necessary edits, and sign it to attest to the document’s accuracy.

Proponents claim the reports can be entirely accurate and even read more clearly than a similar document written by a human officer. However, many defense lawyers and police watchdogs question the legal implications of using artificial intelligence to write something that plays a critical role in the criminal justice system.

How Are Police Reports Used?

To understand how this technology could affect the justice system, you must first understand how crime reports are used. First, it’s worth recognizing that “Police reports aren’t generally admissible as evidence,” says Liss. They still play an essential role in a criminal case, though, as they are reviewed by the District Attorney and play a critical role in the department’s decision on whether or not to press charges.

Beyond that, Liss says, “officers rely on their reports to refresh their recollection of events or are used by defense counsel to show report is different from what officer testified to.” Finally, crime victims can use the reports as evidence in insurance claims.

Cons of Police Using AI-Generated Arrest Reports

With something as life or death as the decision to file criminal charges, prosecutors must have an accurate idea of what transpired. Even a tiny detail can sometimes make or break a case. For example, in a DUI case, the officer must watch a suspect for 15 minutes before giving them the breathalyzer to ensure they don’t belch, vomit, or regurgitate. If the officer fails to do so or cannot accurately recall doing so while on the stand, this can be grounds for the breathalyzer test to be rendered inadmissible, which could be enough to result in the charges being dropped entirely.

If all officers fully read the entire substance of the report and correct any factual errors before submitting them, using AI wouldn’t be much of a concern. However, if officers rubber-stamp the reports without properly reviewing their entire contents, this could present a problem. This issue presents real threats too. King County, Washington, has already prohibited the use of police reports written by Draft One after noting that one such report mentioned an officer not at the scene. The local prosecutor warned officers that signing reports with factual errors could destroy an entire case and result in an officer being added to the Brady list, a compilation of law enforcement officials known to provide untrue statements or unreliable testimony.

Finally, some prosecutors have expressed concern that officers may use them to avoid taking responsibility for the content of their reports during legal investigations by claiming they didn’t actually write a questionable report.

Benefits of Using AI Crime Reports

There are some significant advantages to using AI in this context. For one, it could help free up police time so they can focus more on preventing and solving crimes rather than paperwork. Additionally, those who have used the technology note that it can be very useful and even document more information than an officer would typically include in their report. For example, one officer said his AI-generated report documented the color of the vehicle that suspects ran from after the body cam picked up another officer mentioning this information.

The most significant benefit seen by defense attorneys though, is the fact that officers will be prone to provide more narration while using their body cams. Liss says, “Body-worn camera narratives are good because they are transparent and allow both sides to evaluate the case.”

How to Defend Someone Against an AI-Generated Crime Report

On that note, Liss says that if he did discover an officer used AI to compile his report, he worked hard to examine the officer’s firsthand knowledge of the events during cross-examination. He would question what information was provided to the computer and the report’s overall reliability and accuracy. He says he may even try to show that the officer’s “conclusion of guilt was computer generated and not his own human determination.”

Will Axon Reports Feature Inherent Bias?

While not outrightly racist or otherwise biased like some AI systems, ChatGPT has been documented to have hidden racial and gender biases. Whether or not these biases could further amplify biases held by police officers remains to be seen. However, Liss warns of prosecutors making different charging decisions depending on whether or not Draft One’s reports are nuetral or built with bias.

Is Draft One Used in San Diego?

Not by the SDPD. Although the San Diego Police Department is often at the forefront of law enforcement technology adoption, the department banned the use of generative AI for drafting police reports as of March 23, 2026. This decision was prompted, in part, by the passage of California SB 524, which requires law enforcement agencies to disclose the use of AI in their reports.

For now, police departments in California known to use AI technology for reports include East Palo Alto, Campbell, San Mateo, Bishop, and Fresno.

If you have been accused of any crime, contact a defense attorney as soon as possible. Only a skilled criminal lawyer like Peter Liss can help evaluate your case and determine the best course of action, whether that means challenging the police report, negotiating a plea bargain, or filing a pre-trial motion for dismissal. When you need legal representation, please call (760) 643-4050 or (858) 486-3024 to schedule a free initial consultation.

The post Police Are Turning to AI Systems to Write Up Reports appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

Under California Penal Code 243 (PC), battery is usually punishable by up to six months in jail and a $1,000 fine. But if the battery involves attacking a police officer, firefighter, or other protected worker, the penalties are more severe as described in Penal Code 243(b) and 243(c). If you are accused of battery against a police officer or other protected worker, contact a defense lawyer immediately.

What is Considered Battery Under California Law?

California Penal Code 242 (PC) defines battery as “any willful and unlawful use of force or violence upon the person of another.” In other words, battery occurs when a person intentionally and illegally uses force against someone else. Though the terms are often used interchangeably, battery involves actual physical contact, whereas assault refers only to the attempt or threat to use force, not physical contact.

What Professions are Covered by 243(b) and 243(c)?

These charges are most commonly filed against those who commit battery on peace officers, including employees of police departments, sheriff’s departments, and the California Highway Patrol. However, enhanced penalties apply to first responders, government workers, and other professionals, including:

• Animal Control Officers
• Code Enforcement Officers
• Custodial Officers (such as probation officers)
• Emergency Medical Technicians
• Firefighters
• Lifeguards
• Nurses
• Physicians
• Process Servers
• Search and Rescue Workers
• Security Guards
• Traffic Officers

What Must the Prosecution Prove?

In order to convict you of these charges, prosecutors must show:

1. You willfully used force or violence
2. Against someone you knew (or should have known) was a protected employee
3. Who was engaged in the performance of their duties

For example:

• If a dancer accidentally struck a security guard during a performance, it wouldn’t be considered battery because it was an accident.
• If a surfer punched someone without realizing the victim was a lifeguard, he could be charged with battery, but shouldn’t face enhanced penalties.
• If a woman slapped an off-duty firefighter drinking at a bar, it would be battery, but she wouldn’t face enhanced sentencing since he wasn’t engaged in his duties.
• On the other hand, if someone spat on an undercover officer performing a stakeout after the officer showed his badge, they could be charged under 243(b) (PC).

What is the Sentence for Battery on a Peace Officer in California?

Penal Code 243 (PC) details penalties for various battery offenses, including simple and domestic battery.

Battery Without Injury

Section (b) makes battery against a peace officer, firefighter, or other protected employee without injury a misdemeanor, punishable by up to one year in jail and $2,000 in fines.

Battery Causing Injury

If the victim suffers an injury, the charges will be filed under section (c), which can be charged as a misdemeanor or felony. As a misdemeanor, it carries a maximum penalty of up to one year in jail and $2,000 in fines. As a felony, the penalty can be as high as 3 years.

Battery Resulting in Serious Injury

Regardless of the victim’s profession, battery that causes serious injury is always a felony under 243(d) (PC). This offense carries a maximum sentence of four years in prison.

Battery on a Peace Officer and the Three Strikes Law

When charged as a felony, this crime is a violent crime and a strike under the three-strikes law. As a result, those convicted must serve 85% of their sentence before becoming eligible for parole. Anyone with a previous strike will have their sentence doubled for this offense, and if they have two prior strikes on their record, a conviction will result in life imprisonment.

Defenses to Battery on a Police Officer

Every case is unique. Your attorney may consider one of these common defense strategies:

You Don’t Meet the Standards for a Conviction

It isn’t enough for the prosecution to just argue that you used force against a peace officer or other protected employee. They must also prove that it was intentional, that you knew the profession of the victim (or should have known), and that the individual was engaged in the performance of their duties.

You’re a Victim of False Allegations

If you have been falsely accused of this crime, you may be able to prove it using video evidence or witness testimony.

You Were Acting in Self-Defense

It is legal to defend yourself or someone else against threats or violence. However, this defense does not apply when the police performed a legal arrest. Even so, if there is evidence that the police were performing an illegal arrest or using excessive force, your attorney may be able to successfully use this strategy to help

you.

Negotiating a Plea Deal

Most criminal charges in California are resolved through plea bargains. A skilled San Diego criminal defense attorney, like Peter Liss, can help plead down the charges or penalties so you face the minimum possible sentence.

Related Crimes

It is common for those accused of committing battery on a police officer to face other charges as well, including:

• Assault on a Police Officer
• Attempted Murder
• Murder
• Resisting arrest
• Resisting an executive officer
• Sightseeing at the Scene of an Emergency

Frequently Asked Questions

Is Battery on a Police Officer a Felony?

When battery results in injury, it can be filed as a felony, but most cases may also be filed as a misdemeanor.

What’s the Difference Between 241(c) (PC) and 243(b) (PC)?

Although the penalties under these sections are the same, Penal Code 241 (PC) applies to assault, meaning the threat or attempt to use force against a peace officer, while Penal Code 243 (PC) applies to battery, which involves actual use of force. Under 243(b), even if no injury occurs, physical contact is still required for a battery charge, while assault under 241(c) does not require physical contact or injury.

Can Battery on a Peace Officer Charges be Dropped?

Yes, an attorney may be able to get these charges reduced or dropped based on the specific circumstances.

Is it a Defense to Argue That the Officer Used Excessive Force First?

Excessive force can be a defense to these charges. However, police are given a lot of leeway in what is considered “reasonable” while making an arrest. As a result, this defense should only be attempted with the help of an experienced defense attorney.

Accused? Here’s What to Do

If you have been charged with battery against a peace officer, insist on speaking with a lawyer as soon as possible. Invoke your right to silence and do not attempt to defend yourself. Remember that anything you say can be used against you.

Vista and San Diego attorney Peter M. Liss has 40 years of experience fighting violent crime charges. Call (760) 643-4050 to schedule a free initial consultation.

The post Battery on a Police Officer in California: 243(b) & 243(c)(2) (PC) appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

What is Assault Under California State Law?

California Penal Code 240 (PC) defines assault as “an unlawful attempt, combined with a present ability, to inflict violent injury on another person.” Simply put, assault is making a realistic threat or attempting to use force against another person. If force is actually applied, the act is charged as battery, under 242 (PC).

Examples of assault include:

• Throwing a punch and missing
• Threatening to punch someone (threats that involve great bodily injury may be filed as criminal threats)
• Challenging someone else to throw a punch at you
• Spitting on the ground in front of someone

Some types of assault are considered more serious than others. Examples of aggravated assault (more on this charge, filed under 245 (PC), here) include:

• Waving a weapon at another person (this charge may also be filed as brandishing a weapon)
• Throwing dangerous chemicals at someone else
• Assaulting a police officer, firefighter, or other protected worker

Actions that would be considered battery, rather than assault, include:

• Throwing a punch
• Spitting on another person or in their food
• Shoving another person
• Poking someone in an attempt to start a fight

What are the Penalties for Assault Charges Under California Law?

Charges filed under 240 (PC) are considered simple assault, and the penalties for this offense are detailed under Penal Code 241 (PC). Simple assault is always a misdemeanor, punishable by no more than six months in jail and a fine of $1,000.

Often, a defense lawyer can secure a diversion program or summary probation for clients accused of assault. Both options may help clients avoid jail, but a diversion program can also prevent the charge from appearing on their criminal record.

When charges involve assault against a protected victim, such as a first responder, the maximum sentence goes up to 1 year in jail.

Aggravated assaults that involve a deadly weapon (including a vehicle) or caustic chemical can be filed as either a felony or misdemeanor. Typically, the maximum penalty for these charges is up to four years in prison. However, in some cases, such as when a machine gun or assault rifle was used, the penalty can go as high as 12 years.

Common Defenses for Assault Charges in San Diego

There are many defenses your San Diego assault attorney may use while representing you. Remember that anything you say can be used against you. Always invoke your Fifth Amendment rights when you are approached by police, or you may harm your defense later on.

Insufficient Evidence

To prove the charges against you, the prosecution needs to show that you met all the elements of the charge. Specifically, they must be able to prove that:

• You threatened to use or attempted to use force against another person
• You had a realistic ability to use the threatened or attempted force
• The threat or attempt to use force was illegal

For example, if someone in Santa Cruz called and threatened to punch someone in San Diego in the face, despite not knowing where they live or what they look like, the threat would not be considered credible. Similarly, if a UFC fighter punches an opponent in the ring, it isn’t a crime because it’s part of a legal sporting event.

Lack of Intent

Assault must be intentional. If a boxer nearly punches someone in the face while practicing, it would be a simple accident, not assault.

Self-Defense

In California, when someone has threatened you, another person, your property, or your home, you have the right to defend yourself. Self-defense is a full defense, meaning you will be cleared of the charges completely if you are able to show that you:

• reasonably believed you were in immediate danger
• thought immediate force (or threat of force) was necessary
• used only the reasonable amount of force required to defend yourself

False Accusations

It is not uncommon for individuals to be wrongly accused of violent crimes, particularly when the evidence is based on conflicting participant statements. In many instances, an alibi or video evidence may help disprove the allegations.<

Plea Bargains

If you can’t realistically avoid assault charges altogether, your lawyer may be able to negotiate a plea bargain with the San Diego District Attorney to minimize the charges or sentencing you will face.

Frequently Asked Questions About California Assault Charges

Is Assault a Felony or Misdemeanor Under California Law?

Simple assaults, filed under 240 (PC), are misdemeanors. However, when the offense involves the use of a weapon, vehicle, or caustic chemical, it may be filed as a felony or misdemeanor.

What Should I do if I’m Accused of Assault?

The smartest response after an assault accusation is to remain silent and request an attorney. Your lawyer may challenge the prosecution’s evidence or gather witness statements and surveillance footage to support your defense.

How Does Assault Differ From Battery?

While the public often uses these two words interchangeably, assault and battery are legally distinct in California. Assault involves the attempt or threat to use force against another person without actual contact, while battery occurs when physical force is actually used. We cover the topic in more detail elsewhere on our blog.

Is Poking Someone Assault or Battery?

While a small poke might not cause injury, it is still considered battery because it involves the use of physical force.

Call a Vista Assault Defense Lawyer Today

If you have been accused of assault in North County, please contact attorney Peter M. Liss, who has 40 years of experience fighting charges like these. You can schedule a free consultation by calling (760) 643-4050 or (858) 486-3024.

The post Misdemeanor and Felony Assault Lawyer in Vista, California appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

Prosecutors only have a certain amount of time to file charges after a crime takes place. This timeframe is known as the statute of limitations. For most criminal offenses, California institutes a three-year statute of limitations, but legislators may pass laws to extend this time period for specific offenses. In rape cases, for example, there is no statute of limitations, meaning prosecutors can file charges indefinitely. Domestic violence charges are also subject to a unique statute of limitations, but this law only changed recently.

Domestic Violence Statute of Limitations in California

Only corporal injury to a spouse or cohabitant (Penal Code 273.5 (PC)) is subject to a seven-year statute of limitations. These time limits only apply if the charges are filed as felonies, not misdemeanors.

The seven-year statute of limitations only applies to cases filed after January 1, 2025, when SB 690, sometimes called the Phoenix Act 2.0, was enacted. Before that date, the statute of limitations for domestic violence was five years, which went into effect in 2020 after the passage of SB 272. Prior to that bill, this offense was subject to the same three-year statute of limitations that applies to most offenses in California.

Additionally, this statute of limitations does not apply to domestic battery (Penal Code 243(e)(1) (PC)), which is always a misdemeanor. As a misdemeanor, prosecutors only have one year to file charges in these cases.

When Does the Statute of Limitations Start for Domestic Violence?

Technically, the clock starts ticking on the “date of discovery,” which is usually when the offense actually occurs. However, there are some exceptions when the crime wasn’t immediately discovered. “While domestic violence is usually discovered immediately,” says Liss, “there are occasions when it is not.” For example, if a victim fell into a coma and police were unsure who the culprit was, the clock wouldn’t start ticking until the victim woke up and named their assailant.

Other Exceptions to the Standard Statute of Limitations

There are two other situations where the statute of limitations may be extended: if the case involves a mentally ill suspect or a juvenile victim.

Mental Illness in the Suspect

The first occurs if the defendant was mentally ill at the time the incident took place. Charges cannot be filed until they are mentally competent again, even if that is after the statute of limitations would otherwise have expired.

Juvenile Victims

If the victim is a minor, the clock does not start running until they turn 18. “While few victims of domestic violence are teens, their relationships can still sometimes include violence,” explains Liss.

When Domestic Violence Involves Other Offenses

Each charge is subject to its own statute. So, if a domestic violence incident involved rape or ended in murder, the prosecutors may not be able to file 273.5 (PC) charges after 7 years, but they could still file charges for the rape or murder because these offenses have no statutory limit. Similarly, while misdemeanor crimes like making threatening phone calls are typically subject to a one-year statute of limitations, other domestic violence charges could still be charged after that time as long as the charges were filed within seven years of the incident.

Frequently Asked Questions

Why would prosecutors wait to file domestic violence charges?

There are many reasons. Sometimes, victims are scared to provide testimony against their abuser or they believe the abuse will eventually stop. In other cases, prosecutors may want to uncover more evidence before they file charges or see if a severely injured victim may die from their injuries. Occasionally, the prosecutor or victim may feel the incident was too minor to make a big deal out of until the culprit is accused in another incident. Regardless of the reason, a defense attorney can often use a lengthy delay to bolster their defense, questioning the evidence in the case or the motives of those involved.

What is the deadline for reporting domestic violence in California?

Victims can make a police report at any time before the statute of limitations expires. In other words, domestic violence victims in California have up to 7 years to go to the police.

How long after an arrest will prosecutors usually wait to press domestic violence charges?

Technically, the District Attorney can wait almost seven full years to file domestic violence charges, but typically, they will file charges as soon as they feel they have enough evidence to do so. If the suspect is in custody though, the charges must be filed and an arraignment held within three court days or the defendant must be released.

Do all types of domestic violence have a seven-year statute of limitations under the new California law enacted in 2025?

No. This extended statute of limitations only applies to felony charges filed under 273.5 (PC). It does not apply to misdemeanor charges filed under 243(e)(1) (PC) or charges that carry domestic violence enhancements, such as vandalism.

Call a Lawyer Today

If you are charged with domestic violence in Vista, attorney Peter M. Liss can help —especially if there is any evidence that the statute of limitations has expired. In some cases, a lawyer with a good relationship with local prosecutors may be able to convince the District Attorney not to plead charges if they have already waited years to file in the first place. Please call (760) 643-4050 today to set up a free initial consultation at Mr. Liss’ Vista office, right across the street from the North San Diego County courthouse and jail.

The post What is the Statute of Limitations for Domestic Violence Charges in California? appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

Sexual battery charges are nothing to be taken lightly. A conviction can leave you behind bars for years —and on the sex offender registry for life. If you have been accused of sexual battery (Penal Code 243.4 (PC)) in Vista or North County San Diego, contact defense attorney Peter M. Liss as soon as possible. All consultations are 100% free and confidential.

What is Sexual Battery Under California Law?

• vagina
• penis
• breasts
• butt

Sexual Battery Vs. Rape

Penalties for Sexual Battery in San Diego County

• was restrained
• was incapacitated in a hospital for medical or mental health treatment
• was tricked into believing the touching was done for a professional purpose, such as a medical examination
• was forced to touch the genitals or other intimate parts of another person

Sex Offender Registration Requirements for Sexual Battery

Those convicted of misdemeanor sexual battery will end up on the lowest tier of California’s sex offender registry. As a result, these individuals will only need to register for 10 years. However, those convicted of a felony will need to register for life.

Defenses to Sexual Battery Charges in Vista

The Victim Consented

False Allegations

If the victim has reason to make false accusations of sexual battery against you, a Vista lawyer could use this fact to support your defense. Be warned that this defense can backfire if you appear to be victim-blaming.

Mistaken Identity

Insufficient Evidence

Why Choose Peter Liss as Your Sexual Battery Defense Attorney

FAQ About Sexual Battery Charges in Vista

Is Sexual Battery Always a Felony in California?

Does Sexual Battery Require Touching the Victim’s Bare Skin?

No. These charges can be filed when the contact was made over clothing.

Can Sexual Battery Charges Be Reduced or Dismissed?

Do I Have to Register as a Sex Offender if I am Convicted of Sexual Battery?

Yes. A misdemeanor conviction will require you to register for ten years, and a felony conviction requires lifetime registration.

Can I Get Probation Instead of Jail for Sexual Battery?

Yes, attorney Peter Liss may be able to arrange for clients to be sentenced to probation so they can avoid spending time behind bars.

The post Vista Sexual Battery Defense Attorney: 243.4 (PC) appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

Domestic violence is a classification of crime that can cover a wide range of specific penal codes. The most commonly filed of these offenses in San Diego is domestic battery. This charge can be filed when someone uses force or violence against an intimate partner. If you have been accused of domestic battery in Vista or the rest of San Diego County, contact an experienced defense attorney like Peter M. Liss as soon as possible to start creating a strategy to help you protect your freedom.

What is Considered Domestic Battery in California?

California state law defines domestic battery under Penal Code 243(e)(1) (PC). It involves the use of force or violence against a romantic or sexual partner, such as:

• A spouse
• A fiance
• An ex
• A co-parent
• A girlfriend or boyfriend

“The victim need not be injured under this law,” explains Peter Liss. “San Diego prosecutors still file domestic battery charges when the defendant was being emotionally abusive and threatened physical violence.”

Is Domestic Battery a Misdemeanor or Felony?

Domestic battery is always a misdemeanor.

What Are the Penalties for Domestic Battery in San Diego?

As a misdemeanor, domestic battery is punishable by no more than one year in jail. Many people convicted of the crime can even avoid time behind bars if their lawyer can arrange for them to serve time on probation instead.

Offenders are also subject to additional penalties, such as:

• Fines up to $1,000
• Victim restitution
• A batterer intervention program (mandatory for domestic battery probation)
• Anger management
• A restraining order
• Community service
• Loss of gun rights

If you have prior domestic violence convictions, you may face enhanced penalties, including a longer batterer’s intervention program, mandatory time in jail, and more restrictive probation terms.

243(e)(1) (PC) Vs. 243.5 (PC): What’s the Difference?

Domestic battery is generally considered less serious than corporal injury to a spouse or cohabitant, charged under 243.5 (PC). Whereas domestic battery involves any use of force against a victim (or even a threat of violence paired with emotional abuse), corporal injury to a spouse charges require the victim to suffer an injury. In cases involving a significant injury, the difference can be obvious, but for minor injuries, it may be minimal.

Both of these domestic violence charges may be filed as a misdemeanor in California, however, corporal injury to a spouse can be filed as a felony. If you are accused of corporal injury to a spouse, your lawyer may be able to have the allegations reduced to domestic battery allegations to ensure you face a misdemeanor.

How to Fight a Domestic Battery Charge

The best defense for your domestic battery case will vary based on your unique circumstances. When you first meet with your attorney, they can discuss your situation with you and evaluate the optimal course of action for your specific case. Generally speaking though, some of the most effective defenses for domestic battery include:

• Insufficient evidence
• False allegations
• Not having a relationship with the victim
• Self defense
• Accidental actions

Unfortunately, when attempting to defend yourself, it’s easy to accidentally say something to harm your case. For example, if you accuse the victim of lying, but witness statements back up their claims, it will only make you appear dishonest. Similarly, if you say you did attack them, but weren’t in a relationship with them, that could be considered a confession to assault or battery.

With this in mind, it is easy to see why you should never talk to the police or victim about a domestic battery allegation without your lawyer present.

Related Charges

If you are accused of this crime, you may be charged with other domestic violence offenses. Common charges filed alongside domestic battery include:

• Criminal threats
• Harassing or threatening phone calls
• Stalking
• Restraining order violations
• Vandalism
• Child abuse

Frequently Asked Questions

What’s the Difference Between Domestic Violence Vs. Domestic Battery?

Domestic battery is a type of domestic violence under California law, but it is not the only type of domestic violence. Domestic violence applies whenever someone threatens or harms an intimate partner in any way, whereas domestic battery must involve the use of force or violence.

Will I Go to Jail for a First Offense?

Not usually. Whether or not you will go to jail for a first offense of domestic battery depends on many factors, including the specifics of the situation, whether you have any prior charges on your criminal record, and the skills of your defense attorney.

Can Domestic Battery Charges Be Dropped in San Diego?

Yes, lawyer Peter M. Liss is often able to get the charges against his clients dropped after talking to the District Attorney. Whether he is successful depends on the specifics of the situation. If it seems like his client is actually the victim, subject to wrongful allegations, or was acting in self-defense, these may be grounds to have the charges dropped.

These charges are serious and require the help of a skilled domestic battery lawyer like attorney Peter M. Liss. If you have been accused of domestic battery in Vista or the rest of San Diego, please call (760) 643-4050.to schedule a free initial consultation.

The post Domestic Battery Charges in Vista, California: (Penal Code 243(e)(1) (PC)) appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

When domestic violence results in injury, it can be charged as corporal injury to a spouse or cohabitant, filed under California Penal Code 273.5 (PC). This crime is one of the most commonly charged domestic violence offenses in San Diego County. If you have been accused of corporal injury to a spouse in San Diego, please call Vista defense attorney Peter M. Liss.

What Is Corporal Injury to a Spouse in California?

When someone inflicts any type of physical injury, however minor, on an intimate partner, they can be charged with corporal injury to a spouse or cohabitant. These acts could include:

• Kicking
• Punching
• Slapping
• Throwing an object at someone
• Injuring someone through physical restraint

This charge differs from battery in that these violent actions are taken by a romantic or sexual partner, such as a:

• Spouse
• Fiance
• Boyfriend or girlfriend
• Ex
• Co-parent of your child

Is 273.5 (PC) a Felony or Misdemeanor?

Corporal injury of a spouse or cohabitant is a wobbler offense, meaning it is punishable as either a misdemeanor or a felony, depending on the circumstances.

What are the Penalties for Domestic Violence With Injury in California?

As a misdemeanor, corporal injury to a spouse is punishable by up to one year in jail, while the crime can carry a four-year prison sentence if charged as a felony. Additionally, anyone accused of this crime will need to pay fines and victim restitution payments and be required to attend a batterer’s intervention program. Some people may also be sentenced to probation, anger management classes, community service, or drug/alcohol treatment programs.

“When the victim suffers great bodily injury, a felony conviction for corporal injury to a spouse can also result in a strike being added to your criminal record,” explains lawyer Peter Liss.

How to Fight a Corporal Injury to a Spouse Charge

You can beat corporal injury to a spouse allegations in California, but only with the help of a skilled defense attorney. Here are some of the best ways to fight these allegations:

• Challenging a lack of evidence
• Arguing the victim made false allegations against you
• Agreeing that you injured the victim —but only in self-defense
• Claiming you were not in a relationship with the victim

“While these defenses can be effective in these charges, each situation is unique,” warns Mr. Liss. “Attempting the wrong defense could actually harm your case.” For example, if you claim self-defense, but witnesses state the victim never made any threats or attempts to harm you, this could be seen as a confession instead.

Note that some defenses may help you avoid a corporal injury to a spouse conviction, but still leave you subject to other charges. For example, if you could not be convicted of corporal injury because you were not in a relationship with the victim, you could still be charged with battery.

Plea Bargains Can Help Minimize the Penalties

In some cases, you may not be able to fight the charges entirely, but your lawyer can negotiate for reduced charges or penalties through a plea bargain. It is common for defense attorneys to get these charges lowered to traditional battery, which is only punishable by up to six months in jail, or domestic battery, which has a maximum penalty of one year in jail.

Corporal Injury to a Spouse vs. Domestic Battery: What’s the Difference?

A common question people have about domestic violence allegations is how the two most common charges differ from one another. Essentially, corporal injury to a spouse, filed as 273.5 (PC), is a more serious offense than domestic battery, filed as 243(e)(1) (PC), because it can be applied whenever someone is injured, even minorly.

Corporal injury to a spouse is a wobbler that can be a misdemeanor or felony, while domestic battery can only be filed as a misdemeanor. As a result, domestic battery is punishable by no more than one year in jail, while corporal injury to a spouse is punishable by one year when charged as a misdemeanor, or up to four years in prison when filed as a felony.

Related Offenses

Domestic violence charges include a number of criminal offenses aside from corporal injury to a spouse and domestic battery. Those arrested for these crimes may also be charged with:

• Making criminal threats
• Stalking
• Violating a restraining order
• Domestic violence vandalism
• Making threatening phone calls

If you face multiple offenses, your attorney may be able to get some of the charges dropped so you face far fewer penalties.

Frequently Asked Questions

Can Corporal Injury to a Spouse Charges be Dropped?

In some cases, these charges may be dropped. The reality is that police often make a snap judgment about who to arrest during domestic violence well checks. Once the evidence is processed, it can sometimes become obvious that the accuser was lying or that the suspect was acting in self-defense. A defense attorney is critical in helping to get the charges dropped.

Can I Be Deported for a Corporal Injury to a Spouse Conviction?

Yes, this offense is considered a crime of moral turpitude and may also be an aggravated felony. As a result, it can result in deportation for non-citizens.

Do I Have to go to Jail for 273.5 (PC)?

No, probation and alternate sentencing may be an option in some cases. However, most offenders in San Diego will be sentenced to at least some time in jail. A lawyer can be essential in helping minimize the time you’re required to spend behind bars.

What if the Victim Doesn’t Want to Press Charges?

These charges can still be filed against the victim’s wishes. Even if the victim recants their statements and refuses to testify, you can still be convicted.

If you’ve been accused of corporal injury to a spouse in San Diego County, call Vista lawyer Peter Liss as soon as possible. Protect your freedom and your reputation by scheduling a free consultation with Mr. Liss by calling (760) 643-4050.

The post Corporal Injury to a Spouse or Cohabitant Charges in Vista appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

An old expression says that if a crime is punishable by a fine, it’s only illegal for the poor. That idea can be very problematic in cities like San Francisco, Los Angeles, and San Diego, where there is such a massive disparity between the incredibly rich and the incredibly poor. Under traditional penalty structures, the rich can live by a different set of rules, shrugging off a $50 fine that could bounce the checking account of someone working at minimum wage. Some countries, like Finland, have worked around this problem by implementing an income-based fine system.

But could the US implement court fees and fines based on an individual’s income rather than a flat penalty like we use now? Attorney Peter Liss says it could happen in America.

What Did The People Vs. Duenas (2019) Decide?

In the 2019 ruling of The People Vs. Duenas, the Second Appellate District Court of California determined that requiring an indigent person to pay a fine is a violation of the 14th Amendment’s Due Process Clause. This case was filed when Velia Duenas, an unhoused mother of two, had her license suspended after she could not pay off fines related to juvenile citations.

She continued to drive and was given three misdemeanor convictions for driving on a suspended license, and sent to jail for 141 days. After her release, she was again charged for driving with a suspended license and was sentenced to 36 months of summary probation and $300 in fines. Because she couldn’t pay the penalties, she was sentenced to another nine days in jail and given another $220 in court fees and fines. The court refused to waive these fees, ruling that they were mandatory under state law.

While the fines were not meant to be punitive, the appeals court ruled that they were still punishments when applied to those unable to pay them —as such, they can violate a defendant’s constitutional rights. The judge ruled that judges must waive court fees for those who would be unfairly burdened by them and avoid implementing punitive fines unless the prosecution can show the defendant can pay them.

Although the Duenas ruling was overruled in some Appellate District Courts, it remains the law of the land in other districts. As a result, courts in San Diego, Orange County, Los Angeles, and other counties outside of the Sixth District must hold a hearing to determine a defendant’s ability to pay fines and fees before the court implements them.

Even before the Duenas ruling, “there’s a long tradition of San Diego judges deleting fines based on a defendant’s inability to pay,” says Mr. Liss, “which just seems fair and unless explicitly told otherwise, I think they will continue to do so.” Of course, San Diego is not the only part of the country attempting to lift the unfair burden of court fines on low-income individuals.

More Equality in Court Fines

Many cities and states in America are working on reforms to ensure the burden of fines isn’t disproportionately placed on the impoverished. Organizations like the Fines and Fees Justice Center are working to make the justice system more equitable by reducing financial penalties for lower-income individuals.

This Medium article details many cities trying to reform their fine systems, including:

• Durham, North Carolina: After analyzing parking ticket data from the past four years, the city determined that unpaid citations and late fees were disproportionately issued to residents in low-income Black and Hispanic neighborhoods. The city went on to waive late fees for first-time parking citations given to low-income residents and create interest-free payment plans for individuals who could not pay tickets immediately.
• King County, Washington: After evaluating license suspension data in a part of downtown Seattle, officials discovered that in an area where 50% of residents were people of color, almost half of the residents old enough to drive had a suspended driver’s license. As a result of their findings, the county started working to stop suspending driver’s licenses for those who fail to pay court fees or appear in court.
• Pheonix, Arizona: The city reinstated the driver’s licenses of 8,000 drivers who agreed to income-adjusted payment plans. Since these residents could then drive to work, they could obtain higher-paying jobs, which boosted the group’s wages by $87 million and increased the city’s GDP by $150 million.

San Francisco took things a step further by creating a continual government-operated project designed to assess and reform fines, fees, and penalties impacting low-income individuals and minority communities. The San Francisco Justice Project has reduced or eliminated millions in fines, cleared license holds for 88,000 people who missed traffic court, and eliminated $33 million in debt. It also stopped the practice of charging prisoners to make calls from local jails.

Income-Based Court Fines

Unfortunately, helping low-income residents disproportionately affected by fines only addresses part of the problem. For the justice system to be truly equitable, the rich must be affected by penalties just as much as anyone else. Otherwise, these fees only enforce the laws for those who can’t easily afford them.

Oklahoma is the only state in the country to implement income-based fines (often called day fines, structured fines, or unit fines). However, these are applied at the judge’s discretion and only in cases involving suspended sentences. Those familiar with the Oklahoma justice system say they are almost never used.

While the US has hesitated to utilize day fines, other countries have embraced them.  Fines are paid in per-day increments based on the severity of the crime. The specific amount is based on a standardized portion of the individual’s daily income. For example, a person earning $100 a day might have to pay $4 per day for 10 days to pay off a traffic ticket, for a total of $40. Alternatively, a person earning $10,000 a day may have to pay $400 for 10 days to pay a ticket for the same offense, totaling $4,000.

Countries using a day fine system to implement fees based on income include:

• Germany: only uses the fines for criminal offenses, not minor infractions like traffic tickets.
• Denmark: uses day fine systems for criminal offenses and some traffic infractions, like DUI and driving without a license, but uses standardized fines for other traffic infractions. However, even standard financial penalties can be reduced by half for low-income individuals and minors under 18.
• Finland: most fines are issued based on a sliding scale.
• Macau: implements criminal fines between 50 and 10,000 patacas for between 10 and 360 days.
• Sweden: uses both traditional fines and day fines and has a maximum amount for income-based fines.
• Switzerland: where day fines are used in place of short-term jail sentences for minor crimes

Could Day Fines Be Used in America?

Legally, nothing stops American courts from administering fines based on the offender’s income. It’s not explicitly prohibited by the Constitution as long as the excessive fines clause is not violated, which could be done by setting a maximum fine. Day fines could be a good way to make the American justice system more equitable. Oklahoma’s implementation of such a program proves that it is legal under the Constitution, even if the state’s courts don’t actually utilize it.

While none of the programs remain in use, in the 1990s, many cities ran pilot programs to establish the practicality and fairness of implementing income-based court fines. The Justice Department notes that Maricopa, AZ and Des Moines, IA created the strongest systems to scale up offenses based on the severity of the offense and the offender’s income. They noted that their programs would increase the ability of officials to collect more fines compared to more traditional methods.

Attorney Peter Liss says that while implementing a day fine system in the US is possible, the logistics could be  challenging. “Practically, to have income-based tiers of fines might be laborious and require financial disclosure forms for each defendant,” he notes, explaining that this could result in “a confusing fine structure.”

Pros and Cons

There are many benefits and drawbacks to using an income-based system for fines. Here are some things to consider when evaluating whether day fines would be better or worse than the current system:  

Jeff Bezos and His Giant Fence

A perfect example of this problem is a story circulating the internet claiming that Jeff Bezos’ 20-foot-tall hedge fence violates Beverly Hills laws on fence heights —and he ignores the law and instead pays $12,000 in fines yearly. As much as this story captures the issue of allowing the ultra-rich to skirt the law as long as they pay the fine, there’s no evidence it is factual.

While it is true that his hedges exceed the maximum height limit set by the city, it is possible the fence was grandfathered in, as it was already in place before Bezos moved in. Alternatively, an estate variance could grant him the right to have such a large hedge. Though the Amazon founder could certainly afford to pay $12,000 a year to upkeep his massive hedges, there’s no proof he does.

What to do When You Can’t Pay a Court Fine

While courts may not use structured fines at this time, if you simply can’t afford to pay court fees or fines, a lawyer may be able to help you. If you need help challenging a fine in San Diego County, please call attorney Peter M. Liss at (760) 643-4050.

The post Could the Us Use Income-Based Fines for Crimes? appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

If you’ve been spurred to action to help protect their neighbors, friends, and family members who may be targeted by the ramped up ICE raids, do your research before taking action. While social media users have a lot of “advice” for how to protect people from ICE and Border Patrol raids, much of their suggestions could leave their followers behind bars. Though it may be noble to go to jail for a cause you believe in, most people don’t want to take things that far. Here’s what could happen if you actually run from ICE, lie to officers, or loudly announce their presence —and what legal actions you can take to help undocumented migrants.

Is it Legal for American Citizens to Run From ICE?

Running when you see the Border Patrol seems like a great way to distract them while people who actually could be deported can walk to safety. Unfortunately, running could be dangerous and could result in your being tackled, tased, or, if you don’t stop when instructed, even shot. Aside from the physical risk, if officials believe you ran solely to distract them, you could be arrested for obstructing a federal officer.

Can You Lie to ICE Agents?

If you’re tempted to say people ran around the corner to the right to help individuals hiding to your left, rethink that decision. While your intentions may be noble, making false statements to law enforcement agents is a crime. This offense is punishable by up to 5 years in prison when charged under federal law.

Is it OK to Loudly Announce the Presence of ICE Agents?

Announcing “¡Huir! La migra!” (Run away! Immigration!) could potentially be considered obstruction of justice, depending on the situation. However, if you say, “Why is ICE here?” or “¿Por qué está ICE aquí?” somewhat loudly, it would be hard to show that you were acting to interfere with their operation. Similarly, it would probably be legal to make a casual observation, “Look, it seems like ICE is about to perform a raid at the panadería next door,” even if you spoke a little loudly. In cases like these, plausible deniability can go a long way.

Can You Inform Arrested Individuals of Their Rights?

Once ICE has arrested someone, approaching that individual could be considered interfering with an arrest. Instead, try to educate any non-citizens you know about their rights before they are approached by immigration officials.

What Can You Do to Help Undocumented People?

Sadly, much of the advice online on how to help people avoid these raids is likely to leave you behind bars. But that doesn’t mean you have to take things lying down. You can help protect undocumented people you care about while still acting within the law. Here’s how:

Donate to Activist Organizations

The ACLU, United We Dream, and National Immigrant Justice Center all work hard to protect immigrants’ rights. Donating to these organizations can help spread important information to migrant communities and enable them to take legal action to fight illegal government actions.

Write to Your Representatives

Encourage your local, state, and national elected officials to fight the anti-immigration agenda. You may recommend they enact sanctuary city, county, or state policies. Or urge them to vote against harmful immigration policies.

Inform Immigrants of Their Rights Ahead of Time

Whether or not someone is in the U.S. legally, they still have rights. United We Dream has printed many handy fliers to remind immigrants of their rights at home, at work, and in public. They are available in English and Spanish. Help those you care about by presenting them with these flyers so they know their rights if they are approached by ICE.

Insist on Seeing a Warrant

If you own the property ICE intends to inspect or are acting as a legal representative of the location, ask to see a warrant before you allow any agents to enter. If they present a warrant, ensure it is a search warrant signed by a judge. ICE’s warrants of removal/deportation are not search warrants; they do not permit officers to enter a private business or home without consent.

Remember that you cannot revoke consent to search your property. Do not allow agents to enter without a warrant.

Keep All Potential Evidence Out of Plain Sight

If you see ICE outside your home, talk to them through a crack in the door or go outside to speak to them. Do not open your door all the way, as anything they can see in plain sight from their vantage point can be used as evidence.

Question ICE Presence

As stated above, announcing that ICE is doing a raid could be seen as obstruction of justice. However, loudly questioning why ICE is in a particular location could be a legal way to warn those in the area that immigration officers are nearby.

Remain Silent

You always have the right to remain silent. While you must answer questions regarding your own identity and immigration status, you do not have to answer anything else. Do not answer their questions about immigrants, specific individuals, vehicles, etc.

Avoid lying to officers. Instead, state that you are invoking your 5th Amendment right to silence.

Record the Raid

While they may be federal law enforcement agents, ICE officers can be filmed just like other police. Know your rights when filming police in California and document their acts. If they violate the law or exceed their authority, your footage can provide vital evidence of their wrongdoing.

When ICE Enters a Businesses

Businesses present unique challenges when it comes to ICE investigations. ICE can legally enter any area open to the public. However, they must have a warrant signed by a judge to enter private areas, such as employee-only areas, hotel rooms, classrooms, or hospital rooms. The National Immigration and Law Center has a helpful guide for employers to deal with immigration raids and audits. Here’s a summary of how employees and employers can help protect co-workers and clients:

• Lock areas not open to the public or place “private” signs on the doors.
• If you are a business owner, instruct employees to tell agents to speak with you if ICE arrives.
• Tell agents to talk to your employer if you are not the business owner. Employees should otherwise invoke their right to silence and refuse to answer any questions about clients or employees.
• When the Border Patrol enters your business, protect employee and client records by turning off computer screens and covering up any documents with individual’s private information.
• If ICE has an administrative warrant to arrest a particular employee, you do not need to say if they are on duty that day. You also are not required to take Border Patrol agents to an employee.
• Read search warrants well and do not allow agents to access areas not listed in the warrant.
• Record the agents and save all surveillance footage from the raid.
• If ICE arrests anyone, ask them where they’re taking their detainees. Write the names of any employee who was arrested and notify their families.

Reporting Violations Committed by ICE Agents

If you see ICE or Border Patrol agents violate the law in any way, contact the Office of Inspector General for the U.S. Department of Homeland Security. You may also share the information with the ACLU, local news, and family members of anyone involved so they can pass it on to their attorneys.

While San Diego attorney Peter M. Liss does not offer immigration services or represent individuals in federal court, he does support those who wish to exercise their constitutional rights. If you do end up arrested or charged with a crime in California, he can help. Please call (760) 643-4050 to schedule a free consultation.

The post How to Help Protect Undocumented People You Care About from ICE appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.