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Yahoo!"Keep your mouth shut" was the theme of the evening at the November 10 meeting held at Embarcadero Hall in Isla Vista to provide information to students who were arrested or received citations on Halloween.
In light of the more than 1,000 citations and arrests over Halloween weekend in Isla Vista, the event aimed to provide important information to students at a rate faster than one-on-one advice allows. Robin Unander of UCSB's Associated Students Legal Resource Center (LRC) organized the Tuesday evening event, which consisted almost entirely of detailed legal advice from the Isla Vista lawyer William C. (Bill) Makler, followed by free pizza, which, Unander explained, helped entice the almost 30 students who attended.
Paul Wellman (file)
First responders rush a medical victim through the crowds in I.V. on halloween 2008
Unander (who received her degree in Law and Society from UCSB in 1995) said that an average of five students a day started coming into the LRC, all asking pretty much the same questions. "We started to defer people, [saying] 'What you need is exactly what we're going to talk about tonight.'"
Court dates for Halloween citations and arrests are all at least 30 days out, usually right after Thanksgiving, so students have time to assess options like whether they want to hire an attorney. "This week, when things are settled down, there's time to do stuff; it's after midterms. Now they start thinking about what they want to do," Unander said.
The main goal of the lecture, Unander explained, was "two-fold: Because we were seeing quite a bit of traffic through our office last week we are trying to consolidate. We were telling them the same thing over and over, so we want to get everyone in one room to get information out there." The other goal was to raise awareness that LRC services are available, funded by students' tuition. The LRC office - which occupies the story above Grafikart copy shop in a modest, two-floor wooden building on Pardall Road in Isla Vista - understandably goes largely unnoticed by students, she said, as county sign regulations impede the LRC's ability to install an adequate sign.
Paul Wellman (file)
Rooftop revelers cheer on the Del Playa Dr. parade of Halloween partygoers
Attorney Bill Makler started his presentation by explaining the basic differences between legal infractions - which are not crimes - and misdemeanors and felonies, which comprise a criminal record. According to Makler, who has worked extensively with the Isla Vista community, 2,000 or more Minor in Possession tickets (MIPs) are given out in Isla Vista annually, and while they can be charged as misdemeanors, they almost never are. They are generally cited as infractions. "The UCSB experience is almost unique in that it's hard to graduate without being cited for an MIP." And while these infractions will not interfere with long-term plans by showing up in background searches, their immediate effects are rarely regarded by students as trivial. They typically include fines and loss of driving privileges for a year, so most students choose to fight such tickets.
In order to "to clear the fog surrounding these topics," Makler then delved into a detailed but straightforward summary of protections guaranteed by the United States Bill of Rights, stressing repeatedly the benefits of remaining silent, refusing consent to search, and the potential and common violations of rights by the police.
As his PowerPoint listed rights, Makler explained the ways that students are typically tricked. For instance, he explained, consent is the number one exception to the right to privacy. "If you don't wave your right to privacy then you still have one. It's limited, and you can't account for arrogant police officers who disregard these laws, but you do not have to say yes [to a request from an officer to search or question you], regardless of whether you have something on you or not," Makler stressed.
Concerning the right against self-incrimination, Makler's slide repeated "Remain silent!" four times before concluding, "Shut the f%^& up!" Makler said that in situations with police, which students almost always perceive as unfair, the best course of action is to "deal with it. Take careful mental notes. Save it for court. Be a mature adult, chill out, and do not argue when you have a police officer in your face! He will probably arrest you anyway. And if he doesn't, it's not because you made an excellent Fifth Amendment argument!"
Paul Wellman (file)
Lights and siren clear the path as an ambulance leaves Isla Vista during halloween 2008
If you are taken to jail, Makler said, a not uncommon experience in Isla Vista, the phone call that you have the right to make will probably be listened to. He recommended keeping the call concise.
Furthermore, in jail, you have the right to a reasonable bail (unless you were on probation or parole or facing the death penalty). To speed up the process of getting out of jail, Makler advised that students "know two or three people by name and number : They can call those people with your permission, ask questions about you, and if that all works out they may drop the bail and just let you out," saving both money and time otherwise spent in jail. Otherwise, it might be a few days, not including the weekend, before you are brought before a magistrate.
Regardless of whether you're taken to jail, Makler explained, when faced with an infraction or misdemeanor, a student should always talk to a lawyer before going to court. "Many lawyers in town offer free consultation. It's part of business that we don't get paid for - take advantage of it. You will benefit from that conversation, if I may say so myself," he said.
Of court, Makler said, "The right to a speedy trial does not ever mean that when you show up to court on the first day your court case will go to trial. There will be a lawyer saying, 'Your honor, I'd like to continue this on another date,' and you will go through certain points [including] who your lawyer will be, whether you will plead guilty or not guilty : Do not present your case your first day in court! It is self-incriminating! Your story should be saved for later!"
After explaining constitutional rights, Makler provided a bit of a reality check concerning the Isla Vista Foot Patrol. "Do police officers lie? All the time. It's a tool. They are trained to lie and they lie constantly. They use the fact that you trust them to get you to admit things," he said. "Don't make a statement if he asks you to make a statement. Shut up. People literally screw themselves by making innocuous statements that are self-incriminating. Control the message by knowing how much information to share."
Makler advised students who find themselves in court not to rush to a resolution. "You don't have to resolve everything the day you go. If things are unclear, you can request more time - up to two weeks - enough time for you to talk to a lawyer." He continued, "Take court seriously, take your time, and don't allow them to push you into a corner. It's not quite like buying a used car."
Makler does not recommend that students represent themselves, but he said that it may be the best option for some students who cannot afford a lawyer and whose cases are not very serious. He added that only about 10 to 20 percent of the time in Santa Barbara ("a relatively calm and peaceful environment where cops won't necessarily see crimes on their way to court") will a police officer fail to show up in court. "But this really only matters for infractions. If it's a misdemeanor and the cop doesn't show up, chances are the case will be continued," Makler commented, with a touch of irony.
He concluded with a typical Isla Vista scenario: A student who has never been in trouble before, who is under 21, gets arrested for a Drunk in Public, or cited as a Minor in Possession or for having weed. The best option might be to plead no contest, which can allow you to keep your license and avoid a misdemeanor or other damage to your reputation by enrolling in CASE. This is a service provided by UCSB that educates students about substances and the law. To realize its benefits, students must simply pass the course and stay arrest-or-citation free for three months. On the other hand, if a student decides to take the case to court, the trial may be lost whether or not he or she is truly innocent. "The judge wants to send strong messages to scare the public and get your money. What finances them a great deal is your fine money."
Regardless or the details of the situation, UCSB students who receive tickets should "study their options. Meet with a private lawyer who offers free consultation, or talk with Robin, Dave, or Josh [at the LRC]," said Makler. "They will be happy to tell you what you want to know." Or, if you don't like talking to people, Makler recommended reading "California Criminal Law and Procedure" and various legal journals.
Unander had the same attitude toward police in Isla Vista, especially on Halloween, as Makler. "It's not that these are irresponsible students who deserve to be cited or arrested," she said. "It's more overreactions on the part of police; it's largely unlucky."
So if you or anyone you know was arrested or received a ticket, send them to a lawyer or UCSB's Legal Resource Center. And make sure they remain silent until then.
Double-clicking on any word or phrase in this story will open a reference window with definitions and links to other reference material.
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Good article on Makler giving misinformation in order to drum up business. Funny how he says the courts are after people's money when he is doing the very same thing. Makler is trying to suck from the same teet... the irony!!!
InTheKnow (anonymous profile)
November 13, 2009 at 10:44 a.m. (Suggest removal)
My goodness.Since when is not "being irrespsonsible" justification for breaking the law. This lawyer fails to admit that virtually all of the students are and will be found guilty. Not because of over reative officers, but because they are guilty. Isla Vista is not a sanctuary for students to do anything they want. With that said, I also say to the students, "Know your rights and get a good lawyer, let the system that we thankfully have operate."
Who knows maybe you will actually learn something about yourself and life by the experience, rather than just complain about how "unfair" it is
NoOneSpecial (anonymous profile)
November 13, 2009 at 6:05 p.m. (Suggest removal)
Makler's and Unander's comments are annoying. The vast majority of those cited for alcohol violations in IV are guilty and will be found so. "[O]verreactions on the part of the police," indeed.
Instead of holding their hands and telling them how unfair it all is, how about getting these young adults to take responsibility for their own actions, or to not break the law in the first place?
LegendaryYeti (anonymous profile)
November 14, 2009 at 2:03 p.m. (Suggest removal)
I agree LegendaryYeti (what a great name, btw) but sadly there's money to be made from all sorts of "overreactions" and they're hoping to appeal to the side of the guilty that wants to deny any wrongdoing and get away with it.
Now, having said that, mistakes do happen. But the vast, vast majority of arrests and tickets are valid.
Plenty of us managed to get through our twenties without being hauled off to jail or ticketed for alcohol offenses. It doesn't mean we sat around having tea parties, it just means we weren't jerks.
I just can't feel sorry for those who abuse it to the point of arrest, and then have some smarmy lawyer there to help them shirk their own responsibility.
Native1 (anonymous profile)
November 14, 2009 at 5:12 p.m. (Suggest removal)
Yeah, giving a lecture pro bono about of the Bill of Rights, well that's just downright "smarmy". Instead, I think I'll just hop on board with those of you of carry water for the powers that be, while clinging to comfy truisms that they're all guilty and deserve to be prosecuted anyway; and that we lawyers are only after a fast buck, etc. etc.; "yada yada bla bla law and order csi" pablum ... Why don't we just switch over to truly authoritartian rule where there is no voice for the citizen against an enormous law enforcement complex? They'd never wrongfully prosecute someone as righteous as I. Right guys? Isla Vista students are mostly guilty of being college students. Get real.
ivlawyer (anonymous profile)
November 15, 2009 at 11:30 a.m. (Suggest removal)
Judging from the amount of advertising I see with his face and name on it, I think Mr. Makler would not be giving pro bono lectures if he didn't believe it would drum up any work for him at some point.
While we're getting real, it's also reality that alcohol is a factor in most of the violent crime in IV, hence the heavy emphasis on enforcement of the alcohol laws and ordinances. IV is still part of the State of CA, and it's still illegal in CA to be in possession of alcohol when you're underage.
LegendaryYeti (anonymous profile)
November 15, 2009 at 5:02 p.m. (Suggest removal)
Makler said: "Do police officers lie? All the time. It's a tool. They are trained to lie and they lie constantly."
This statement is obnoxious and self-serving for a defense attorney trolling for clients. I wonder what he bases this accusation on. Now, police officers are humans and as we all know, everybody lies at times. Including Makler and me. But to fuel the young, inexperienced citees' feelings that an injustice has been foisted upon them by telling them that the police are out to get them and will lie as a matter of training, that's getting pretty far out there.
There are reasons that law enforcement is on high alert and exert basically zero tolerance for law breaking during Halloween. Past experience shows that when twenty thousand or more people between the ages of 15 and 23 have high expectations for revelry, and consume alcohol and other drugs in various quantities before flooding the streets, some bad things are bound to happen and people will be harmed. I for one am glad that the cops are there to keep a lid on things. I don't see how individual cops can pick and choose among the various minors in possession and drunks in public to detain only those who "deserve it the most," which would be be pretty arbitrary.
ChrisG (anonymous profile)
November 16, 2009 at 11:05 a.m. (Suggest removal)
Three of my 4 years @ UCSB in the 1980's included drinking alcohol without the benefit of being 21 (big surprise). The difference between then and now is that many of us were smart enough to avoid getting caught (i.e., we didn't walk around with open containers, and if we were too out of it, we stayed put). Most of us also knew better than to argue with the cops. I think its preposterous for someone to say its nearly impossible to graduate from UCSB *without* getting an MIP...I'm glad the attorney provided the meaning cuz I never heard of and MIP 'till just now! IMO, the students of today seem to be a bunch of whiny brats. They expect to do whatever they please, get in the face of an officer of the law (without consequence), and expect mommy and daddy bail them out when they're in the drunk tank. Grow up kids and behave like the adults you are for a change, and when you are drinking, please leave the keys to your beemer in your bag.
theresathefarmer (anonymous profile)
November 16, 2009 at 1:18 p.m. (Suggest removal)
Well said, theresathefarmer. My UCSB days were in the mid-70's and I too managed to make it through 5 (yes, 5) years of school without getting cited or arrested, even though I too had a cocktail or two (or three) before I turned 21.
IMO, Makler is not the first (nor will he be the last) attorney over the years to roll into town and try to make a living by telling students in IV what a raw deal they're getting...
LegendaryYeti (anonymous profile)
November 17, 2009 at 9 p.m. (Suggest removal)
Says Yeti, "Those who advertise don't have valid opinions." But
anonymous internet gadflies on the other hand, now there's a credible
lot!
As it happens, Yeti, I do not disagree with your statement that possession
of alcohol as a minor is unlawful in Isla Vista. And I do not argue,
nor have I ever, that alcohol does not contribute to violence and many
other societal problems. You missed the point. And the point for
those who are either incapable of getting it or who are otherwise
ignoring it, is that everyone, including those who frequent Isla Vista
have important, and oft misunderstood, Constitutional protections
against often intrusive, overly aggressive and (gasp!) sometimes
unprofessional law enforcement tactics. The patriot in all of us
should welcome a straightforward yet detailed exploration of this
subject area.
You're welcome, Yeti, and others, to attend my next "Know Your Rights" lecture. You'll get the full picture of where I am coming from (and won't be as likely to over-capitalize a few of the more controversial things I said to advance your own pro-police agenda). I, like you, appreciate the good work police officers do. Cops themselves, in private, will agree that some if their own are overly aggressive. You have every right to promote blind faith in what they do for any public safety benefit you think that carries. I, unlike you, believe that the masses are too trusting of authority and don't necessarily get corrupted by a little dissenting voice here and there (whether profit-motivated or not). Your and other's, now posted, curmudgeonly vitriol directed toward college students (today) and lawyers in private practice is a whole other topic. What's eating you people??
Should any of you get arrested, for an angry outburst or anything else, I welcome your call. My rates are
reasonable and the initial consultation is always free.
sbdefenselawyer (anonymous profile)
November 19, 2009 at 7:50 a.m. (Suggest removal)
sbdefenselawyer, I don't promote blind faith in whatever law enforcement does. My previous comments are based on my own personal experience and observations.
Further, I am not trying to make any money off of what happens in Isla Vista.
I do take exception to the blanket statement made in the article that all police officers lie and are trained to do so as a tactic, and I do take exception to the statement in the article that many arrests made and citations issued in IV are a result of police overreaction. It's been my personal experience that this statement just isn't true.
Also, and call it curmudgeonly if you like, I don't think it's a bad thing to encourage young adults to take responsibility for their own actions.
But, as always, you and I (and everyone) are all entitled to hold whatever opinions we care to hold.
LegendaryYeti (anonymous profile)
November 19, 2009 at 5:42 p.m. (Suggest removal)
Makler can not make it as a real lawyer, he has to be an ambulance chaser in IV, except his ambulances are the already poor college kids who have been cited for MIP. To say every police officer lies in itself is a lie... oh the irony Makler...
InTheKnow (anonymous profile)
November 28, 2009 at 9:01 p.m. (Suggest removal)
Says who? An anonymous coward, that's who. I never said "every police officer lies". The quote attributed to me reads, "Do police officers lie? All the time. It's a tool. They are trained to lie and they lie constantly. They use the fact that you trust them to get you to admit things". I will stop saying police officers lie as soon as they stop lying. I don't accuse all police officers of lying. Rather, I accurately accuse the institution of law enforcement with training its officers to lie in order to feret out confessions and admissions. And yes, many officers do as they are trained. Tell me that isn't so, Mr./Ms. "in the know".
ivlawyer2 (anonymous profile)
December 11, 2009 at 10:14 p.m. (Suggest removal)
I will add that my lecture was not an assault on the character of police officers. It was directed at Isla Vistans who showed up of their own free will to find out more about their rights as it relates to the frequent contact they have with law enforcement in their community. If you were there you got a healthy dose of "cooperate with law enforcement" type messages. I believe that most police officers are as honest as anyone else in society and most are faithfully executing their duties for the general welfare of society. Do we on the defense side develop a different perspective? Yes. Do police officers lie in the ordinary course of their investigations? Frequently. Are we, as a population, entitled to know that? I think so. That final point is maybe where I and some of the commentators disagree. Disagreement in a democracy is healthy. We're not living in a police state, last I checked.
ivlawyer2 (anonymous profile)
December 12, 2009 at 9:47 a.m. (Suggest removal)