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Do You Need to Carry Identification in California?

Posted by Robert Lee Hamilton | Sep 11, 2023 | 0 Comments

No license is required to walk or ride a bicycle - but if lawfully stopped for even a minor traffic offense (like jaywalking or riding your bicycle on the wrong side of the street) and you do NOT have identification - the officer has broad to discretion to arrest you (NOT for failing to provide identification) for the minor traffic offense and to ensure compliance with your promise to appear. Thus, it is best to carry state issued identification and provide it to the officer upon request unless you are sure the officer does NOT have probable cause. Do not answer questions, but ask the officer if you are detained or free to go. If you are free to go, then leave. If detained, you can provide your identification while simultaneously (and respectfully) asserting your 4th Amendment Right against unreasonable search and seizures, your 5th Amendment Right to silence, and your 6th Amendment Right to Counsel.


Posted by Robert Lee Hamilton | Apr 28, 2014 | 0 Comments

First: If you are not under arrest (for example, it's just a detention or consensual encounter), the police need not advise you of your Miranda Rights (right to remain silent and right to counsel).  If you are not under arrest, it is up you to know and assert your right by clearly informing the o...

DUI Arrest's Down from Previous Year

Posted by Robert Lee Hamilton | Jan 03, 2013 | 0 Comments

Drunken driving arrests during Shasta County's special holiday enforcement season were down compared to the 2011 season, but unlike that year, 2012 recorded an alcohol-related fatality. During the 19-day campaign against driving under the influence, participating law enforcement agencies mad...

Attorney Robert Hamilton

My name is Robert Lee Hamilton and I'm a California DUI, Criminal Defense, Personal Injury and Landlord-Tenant Lawyer.