Paul Bergman - The Criminal Law Handbook: Know Your Rights, Survive the System

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16th Edition

Paul Bergman, J.D. & Sara J. Berman, J.D.

ISSN 1940-722X (print)

ISSN 2328-0573 (online)

ISBN: 978-4133-2719-9 (pbk)

ISBN: 978-4133-2720-5 (ebook)

This book covers only United States law, unless it specifically states otherwise.

Copyright 1997, 2000, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2011, 2013, 2015, 2018, and 2020 by Paul Bergman and Sara J. Berman. All rights reserved. The NOLO trademark is registered in the U.S. Patent and Trademark Office. Printed in the U.S.A.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission. Reproduction prohibitions do not apply to the forms contained in this product when reproduced for personal use. For information on bulk purchases or corporate premium sales, please contact the Special Sales Department. Call 800-955-4775 or write to Nolo, 950 Parker Street, Berkeley, California 94710.

Please note

We believe accurate, plain-English legal information should help you solve many of your own legal problems. But this text is not a substitute for personalized advice from a knowledgeable lawyer. If you want the help of a trained professionaland well always point out situations in which we think thats a good ideaconsult an attorney licensed to practice in your jurisdiction.

With love to Francesca and Nicholas; and to Julia and Daniel.

We gratefully acknowledge the following people, whose contributions are reflected over the many editions of this book:

Jake Warner and the late Steve Elias, whose hopes and expectations for the book we have done our best to fulfill.

Over the years, the book has greatly benefitted from the input of the dedicated and knowledgeable Nolo editors whose efforts on previous editions of the book are still reflected in this 16th edition. The editors include Janet Portman, Rich Stim, and Lisa Guerin. Thank you to Nolo editors Diana Fitzpatrick, Ilona Bray, John McCurley, and Amy Loftsgordon for help with this 16th edition. And finally, special gratitude to our editor Micah Schwartzbach, whose continued extraordinary care, creative insights, and dedication to a fair criminal justice process have helped us to make this 16th edition the best it can be.

The current edition also reflects the past contributions of law professors Laurie Levenson, David Sklansky, Peter Arenella, David Dolinko, Robert Goldstein, Michael Graham, John Ciroli, Beth Parker, and Chance Meyer, as well as the experiences of public defender Michael Roman, probation officer Ron Schlesman, Steve Harvey, Esq., and Randy Even, Esq. Thanks also to Heidi and Bob B., whether they want to be acknowledged or not.

For this 16th edition, special thanks to Prof. Steve Friedland, Senior Scholar and Professor of Law at Elon University School of Law; Prof. Heather Baxter, Professor of Law at Nova Southeastern Shepard Broad College of Law; and Prof. Nicole Nol, Professor of Practice at Nova Southeastern Shepard Broad College of Law, for sharing their expertise and perspectives regarding important criminal law, procedure, and justice issues.

Finally, a continuing shout-out to the many talented and resourceful employees of Nolo, who put their hearts and souls into producing books that make life better for people trying to cope with our complex legal system.

Paul Bergman is a Professor of Law Emeritus at the UCLA Law School and a recipient of two University Distinguished Teaching Awards. His books include Criminal Law: A Desk Reference (Nolo); Nolos Deposition Handbook (with Moore, Nolo); Reel Justice: The Courtroom Goes to the Movies (with Asimow); Trial Advocacy: Inferences, Arguments and Techniques (with Moore and Binder); Trial Advocacy in a Nutshell; Represent Yourself in Court: How to Prepare & Try a Winning Civil Case (with Berman, Nolo); Depositions in a Nutshell (with Moore, Binder, and Light); Lawyers as Counselors: A Client-Centered Approach (with Binder, Tremblay, and Weinstein); Evidence Law and Practice (with Friedland and Benham); Cracking the Case Method (with Goodman and Holm); Fact Investigation (with Binder); and You Matter: Ten Spiritual Commitments for a Richer and More Meaningful Life (with Rabbi Mark Borovitz). He has also published numerous book chapters and articles in law journals.

Sara J. Berman is a graduate of the UCLA School of Law. Sara currently serves as the Director of Academic and Bar Success Programs for the AccessLex Center for Legal Education Excellence. She has served for decades in faculty and administrative leadership roles in law schools in California and Florida, and is the author of numerous articles and books, including Pass the Bar Exam: A Practical Guide to Achieving Academic & Professional Goals, and Bar Exam MPT Preparation & Experiential Learning For Law Students: Interactive Performance Test Training, both published by the American Bar Association. Sara is also the coauthor along with Paul Bergman of Nolos Represent Yourself in Court: How to Prepare & Try a Winning Civil Case.

When can a police officer make an arrest? Is it a good idea to talk to the police? Who decides whether to charge someone with a crime, and what crime to charge? Is self-representation ever a good idea in criminal cases? Should defendants conceal their guilt from their attorneys? What factors might convince a judge to release a jailed person on low bailor waive bail altogether? All of these questions can be perplexing, particularly if youre not familiar with the criminal justice system.