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Robert Woelfel, Partner Robert Woelfel practices trial and appellate litigation. He has a diverse practice experience including civil rights litigation in federal and state court, special education due process, general education discipline proceedings, personal injury claims and criminal defense. Mr. Woelfel joined the Woelfel Law Firm in September of 2009. Prior to joining the Woelfel Law Firm, Mr. Woelfel was a founding partner of the civil rights litigation firm Loughrey & Woelfel, LLP. Loughrey & Woelfel, LLP maintained offices in Oakland and Walnut Creek, California and served clients throughout California.
Mr. Woelfel has been part of several successful trial teams. He has clerked in the Alameda County District Attorney’s office, the Federal Public Defenders Office for the Northern District of California, and the Placer County Public Defenders’ Office. His trial team successes have resulted in awards and significant victories, including the reversal of Ms. Susan Greenburg’s first degree murder conviction, and her release after 16 years of wrongful incarceration. Mr. Woelfel can be seen eliciting testimony from a forensic analyst in Ms. Greenberg’s case in the documentary “Abused”.
Mr. Woelfel is a graduate of the University of California at Berkeley, and the University of California, Hastings College of the Law. He is a member of the California Bar, the National Association of Criminal Defense Lawyers and The American Trial Lawyers Association. He lives in South Lake Tahoe with his wife, Jessica and his two sons, Max and Elias.
F.A.Q.
What Should I do if I am Arrested?
Being arrested is a horrible experience. It can be an embarrassing, shocking and ultimately a very costly encounter. Every time the police give you a chance to speak, you should immediately request an attorney. When speaking to the police, always be courteous and polite, but let them know up front that you are not talking, have no intention of talking, and no matter what they say or do you will not change your mind. Do not succumb to your immediate desire to “just get out of there.” Always remember that the only reason they want you to talk is to obtain statements to use against you and to help them convict you. There is zero chance that you will convince the police to change their mind and “let you go.”
The only statement that you should give to anyone is, “I want to speak to a lawyer.” If you are arrested, tell this to the the police, repeatedly, until you contact your lawyer. When you are arrested, Keep You Mouth Shut. Police frequently tell lies such as “this is your opportunity to set things straight.” Any suggestion by the police that you can talk your way out of jail by “telling them your side of the story” is a LIE. Once you are in jail or an interrogation room, the police are convinced you are guilty and are only trying to get statements that will incriminate you.
Why is it so risky to talk to the police?
First of all, re-read the statement above, and always remember that you should not tell the police anything without talking to your lawyer first. Police are specially trained to interrogate you. If they suspect that you have committed a crime, they will do everything possible to get a confession out of you. Regardless of what they taught you in school, the police are not your friends in this situation! They will tell you lies that will make you think that there is no way you could ever prove that you are not guilty. They will isolate you, and then act like they are your friends and they are there to help you. They will tell you that this is your opportunity to give your side of the story. They will tell you that a lawyer will not help you, but hurt you. In order to give you a feeling of friendliness, they will minimize guilt and say that they understand and that this is your one opportunity to tell your side of the story. They will lie and act like they want to help you, when truthfully they are just interested in getting you to admit to the crime, even if you are totally innocent of the crime. The police have special techniques to increase levels of stress and anxiety upon you and make you believe that admitting to the crime is the best way out. A detective will isolate you from your friends and any supportive relationships. He will demonstrate that he is in complete control of the interrogation process, and will accuse you of committing the crime. Then he will express his unwavering confidence in his belief that you are guilty of the crime, by way of saying things like “We’re not here to discuss if you did it, but why you did it.” He will tell you all kinds of lies about all the evidence that the police have against you, and will continue to tell you that no one will believe your protestations of innocence. If he asks you to submit to a stress analysis or a polygraph test, it will not show your innocence, it will only be used to skew your statements and show that you are guilty.
As you can imagine, only a fool would talk to the police without a lawyer. They might have one, two or even three detectives interrogating you at one time, then they might leave you alone in a room while they watch you sweat through a two-way mirror. These detectives are highly trained with psychological techniques to break you down and make you confess to crimes, whether you committed them or not. Once again, at every opportunity, ask to speak to your lawyer immediately. About the only right that you have at this point is the right to stay silent and a right to a lawyer. It is truly amazing how few people exercise this right when they are arrested. Do not talk to the police, keep quiet, be polite and ask to speak to a lawyer.
How do I go about hiring a lawyer? What if I cannot afford a lawyer?
First and foremost, you should retain the services of a lawyer as soon as possible after your arrest. I cannot stress this fact enough. If you cannot afford the services of a lawyer, one will be appointed to you by the court. However, if you can find the money to hire your own lawyer, do it immediately.
Can Law Enforcement Search My Home?
Law enforcement officers can search your home only if they have a warrant or your consent. In your absence, the police can search your home based on the consent of your roommate or a guest if the police reasonably believe that person has the authority to consent. Law enforcement officers can search your office only if they have a warrant or the consent of the employer. If your employer consents to a search of your office, law enforcement officers can search your workspace whether you consent or not.
What are warrants and what should I make sure they say?
A warrant is a piece of paper signed by a judge giving law enforcement officers permission to enter a home or other building to do a search or make an arrest. A search warrant allows law enforcement officers to enter the place described in the warrant to look for and take items identified in the warrant. An arrest warrant allows law enforcement officers to take you into custody. An arrest warrant alone does not give law enforcement officers the right to search your home (but they can look in places where you might be hiding and they can take evidence that is in plain sight), and a search warrant alone does not give them the right to arrest you (but they can arrest you if they find enough evidence to justify an arrest). A warrant must contain the judge’s name, your name and address, the date, place to be searched, a description of any items being searched for, and the name of the agency that is conducting the search or arrest. An arrest warrant that does not have your name on it may still be validly used for your arrest if it describes you with enough detail to identify you, and a search warrant that does not have your name on it may still be valid if it gives the correct address and description of the place the officers will be searching. However, the fact that a piece of paper says “warrant” on it does not always mean that it is an arrest or search warrant. A warrant of deportation/removal, for example, is a kind of administrative warrant and does not grant the same authority to enter a home or other building to do a search or make an arrest.
What should I do if officers come to my house?
If law enforcement officers knock on your door, instead of opening the door, ask through the door if they have a warrant. If the answer is no, do not let them into your home and do not answer any questions or say anything other than “I do not want to talk to you.” If the officers say that they do have a warrant, ask the officers to slip it under the door (or show it to you through a peephole, a window in your door, or a door that is open only enough to see the warrant). If you feel you must open the door, then step outside, close the door behind you and ask to see the warrant. Make sure the search warrant contains everything noted above, and tell the officers if they are at the wrong address or if you see some other mistake in the warrant. (And remember that an immigration “warrant of removal/deportation” does not give the officer the authority to enter your home.) If you tell the officers that the warrant is not complete or not accurate, you should say you do not consent to the search, but you should not interfere if the officers decide to do the search even after you have told them they are mistaken. Call your lawyer as soon as possible. Ask if you are allowed to watch the search; if you are allowed to, you should. Take notes, including names, badge numbers, which agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening.
Do I have to answer questions if law enforcement officers have a search or arrest warrant?
No. Neither a search nor arrest warrant means you have to answer questions.
What if law enforcement officers do not have a search warrant?
You do not have to let law enforcement officers search your home, and you do not have to answer their questions. Law enforcement officers cannot get a warrant based on your refusal, nor can they punish you for refusing to give consent.
What if law enforcement officers tell me they will come back with a search warrant if I do not let them in?
You can still tell them that you do not consent to the search and that they need to get a warrant. The officers may or may not succeed in getting a warrant if they follow through and ask the court for one, but once you give your consent, they do not need to try to get the court’s permission to do the search.
What if law enforcement officers do not have a search warrant, but they insist on searching my home even after I object?
You should not interfere with the search in any way because you could get arrested. But you should say clearly that you have not given your consent and that the search is against your wishes. If someone is there with you, ask him or her to witness that you are not giving permission for the search. Call your lawyer as soon as possible. Take note of the names and badge numbers of the searching officers.
