Off The Record

Imhoff and Associate’s Shannon Dorvall, general counsel and Shannon Leis, managing attorney, introduce us to Imhoff and Associates through their experiences with the firm as well as their appreciation for it’s commitments to justice.What you will hearIntroductionSecond chairEthos and its applicationQuotes“Human connection is one of the reasons why our firm  is amazing”MentionedImhoff and AssociatesIf you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.

Shannon Dorvall, counsel for defense  at Imhoff & Associates and Shannon Leis, managing attorney of Imhoff and Associates take a deep dive into the pros and cons of AI technology in the criminal justice system.What you will hearAI and how it can help criminal defense lawyersAI challenges and considerationsAccess to justiceAI gone wrong sample caseEthical concerns and predictive AITypes of AI and AI learningJury selectionPhotographic use of AI and DaubertQuotes“AI tends to make racially biased decisions.”“A lawyer should be aware of changes in the law in its practice, including any benefits or risks associated with relevant technology.”“AI is not perfect. It is based on human intelligence and you know humans are nothing if not flawed.”MentionedImhoff and AssociatesDaubert standardMata vs. AviancaIf you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.

Shannon Leis is the managing attorney of Imhoff and Associates and your host for today’s show. In this episode we are discussing Miranda warnings. We'll discuss the origination, substance, subsequent decisions, and the future of Miranda.What you will hearMiranda Warnings history and definitionWhen the warning must be providedInterrogation and evidence of guiltThe Public Safety ExceptionThe Jailhouse Informant ExceptionViolating a right v violating a rule protecting a rightThe future of Miranda warningsAlito, Clarence Thomas and stripping protections for the rights and remedies of the 4th, 5th and 6th amendmentsQuotes“Miranda was one of several groundbreaking decisions aimed at protecting the right to the accused handed down by the Warren Court that fundamentally changed criminal procedure.” “A traffic stop is not considered custody. Police are not required to provide Miranda warnings for an investigative stop and although these warnings are not required, that does not mean anything you say can't be used against you, because it certainly will. So be mindful of your mouth when the officer is asking questions, assume everything you do and say is being recorded and will be used against you.”“While Miranda remains settled law, the effect of these subsequent decisions prevents Miranda from protecting people from police abuse, especially members of marginalized communities as it was intended to.”“If you're interrogated in custody without Miranda warnings and make a statement, then testify at trial and give contradictory testimony, the prosecutor can use your statement to impeach the testimony in court.“It is now irrelevant whether a suspect was cognitively or mentally impaired at the time, they waived their rights as long as police coercion is not involved.”“To exercise your right to remain silent, you are required to speak…..So you need to invoke your right to remain silent in order to prevent your silence from being used against you.”“No one should ever speak to law enforcement without a lawyer. They are not there to help you despite what they might claim. They can lie to you. They can trick you. Do not speak to law enforcement without a lawyer.” “False confessions of people proven factually innocent by DNA account for 29% of wrongful convictions.”“Miranda is important and necessary. It should be built upon and strengthened, not weakened.”MentionedArizona v Miranda 1966Warren CourtGideon v WainwrightHarry v New York 1971Rhode Island v Innis 1980New York v Quarles 1984Illinois v Perkins 1990Marilyn v Shatzer 2010Berghuis v Thompkins 2010Salinas v Texas 2013Vega v Tico 2022Dickerson v United StatesMap v OhioImhoff and AssociatesCalifornia Penal Code 4.22If you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.

Austin Wallace, attorney and case manager at Imhoff and Associates, discusses  the crime of terrorist or criminal threats and the impact of social media in these types of cases and convictions.What you will hear1:05 Defining criminal threats and  terroristic threats1:51 Penal code statutes3:01 Misconceptions and general misunderstanding of the statutes5:26 Consequences of conviction6:45 Social media’s impact on convictions9:02 Case examples11:47 Advice Quotes“Every jurisdiction in the country, every state, every county municipality, even at the federal level has criminal statutes that make it illegal to threaten violence towards other private citizens.” “I didn't mean, and I didn't do, it is not a sound defense.”“Social media has changed things and so, what used to be a really difficult case to prosecute because it was he said, she said, is now way easier because of screenshots from social media posts or DM messages or threads of Snapchat or Instagram or Discord. That is hard, as attorneys, to defend against.”“What was, prior to social media, just a high school beef is now being charged criminally as a felony.”“So the rule of thumb that I like to apply to it is, Do not say anything to anyone else on social media that you would not say if a law enforcement officer was standing right next to you in person.”MentionedImhoff and AssociatesCalifornia Penal Code 4.22If you enjoyed this episode of Off The Record  Podcast, make sure to subscribe and drop us a five-star review.

Shannon Dorvall, counsel for defense at Imhoff & Associates,  offers helpful advice and information on what to know if you are pulled over for a suspected DUI.What you will hearYou have the right to remain silent.  Provide information calmly and carefullyDecide whether or not to participate in the field sobriety test.Choose between breath or blood testWhat happens with a refusalBe aware of camerasQuotes“You have a right to remain silent. You should use it .”“Field sobriety tests are not designed for you to pass. They are designed for you to fail. Overconfidence generally works against you.”“Most people metabolism at .02 per hour depending on size and weight and how used to alcohol you are, all sorts of things.”"People ask, "What should I do breath or blood." The answer is, it depends on what you have in your system. How much you drank and when you stopped drinking."

Tyler Templeton, case manager at Imhoff & Associates,  offers helpful advice and information on what to know if you are charged with a DUI.What you will hearUnderstanding you have 2 records The challenges of a DUI on your recordRecord relief and different statesDMV record vs criminal recordThe 2 separate arenas housing your recordsConsider the aftermath if you are charged with a DUiQuotes“DUI’s are notoriously difficult to either seal or expunge.”“There’s 2 arenas every time you get a DUI. You gotta deal with the court and the criminal and then also the administrative side.   The biggest thing to remember is you gotta know who you’re dealing with.”“Just about anybody can get charged with a DUI and even people who aren't drunk sometimes.”