FAQs

Per the implied consent laws, a drunk driving suspect is lawfully obligated to submit to chemical testing provided the arresting police officer has probable cause to arrest the driver.

Should you refuse to undergo the chemical test and probable cause exists, you will face penalties like a one-year driver's license suspension.

Generally, an expungement applicant should satisfy all probation requirements and terms. However, even if you received a probation violation, all hope isn't lost. The judge will schedule a hearing to check whether you are eligible for expungement.

There are numerous crimes that sexual intercourse isn't necessary to be accused of the sex offense.

For instance, sexual abuse occurs when the defendant makes deliberate contact with the victim's intimate organs for sexual gratification without necessarily having sexual intercourse. Additionally, there are online sex offenses that might not involve sexual intercourse, like internet solicitation and possession of child pornography.

To invoke the Miranda rights, you should say something to the law enforcer that shows you want to remain silent and you want your defense attorney or want your interrogation to end. Keeping quiet isn't enough to make your interrogation stop or invoke Miranda rights.

On the other hand, if you answer questions after being read Miranda rights, the court considers that you knowingly waived the rights.

Please note that you can invoke your Miranda rights at any time during your interrogations, even if you've answered a few questions.

The court charges a fee for filing your expungement petition. The fee for a felony and misdemeanor is currently one hundred and twenty dollars and sixty dollars, respectively. There are no filing charges for infractions.

If you can't afford the fee, you could request a fee waiver.

Generally, the cost varies with the nature of the criminal case and the experience of your lawyer. You will pay more when you hire a lawyer with more outstanding qualifications and experience than a less qualified or experienced attorney.

At California Criminal Lawyer Group, we offer a free initial consultation. During the consultation, we'll review your criminal charges to determine the most appropriate legal fee. We also offer payment plans. We strive to keep the charges reasonable.

People who hire private lawyers are entitled to discharge the advocates without court approval. When the bone of contention is disagreement about the legal strategies or poor communication, you don't need to prove good cause or justify your decision to fire your attorney.

After firing the lawyer, you can represent yourself or hire another. The decision to change attorneys is expensive. You have to pay both the new advocate and the previous one.

The prosecution's right to keep your case moving determines your right to change attorney. For instance, if you seek to change lawyers a day before the trial, your new lawyer will likely agree to represent you only when your trial date is postponed so they may prepare. The prosecution might oppose the delay, probably because their witness won't be available to testify later. In the circumstances, the court might deny your request to delay your trial, and you will have to work with your original lawyer.

The effect the criminal process will have on you depends on factors like:

• Your immigration status
• The nature of your criminal charges
• Your qualification for benefits under the immigration laws
• How long you have been in the United States

Generally, all criminal charges will have an impact on non-citizens, whether legal permanent residents or not. If you committed a crime of moral turpitude, you risk being deported or marked inadmissible in the U.S. Some of the CMT include murder, incest, robbery, mayhem, kidnapping, and voluntary manslaughter.

It is not.

The Fifth Amendment to the United States Constitution protects defendants from being prosecuted more than once for one offense. Nevertheless, when the action breaks both the federal or state law, the defendant can be prosecuted by both federal and state prosecutors per the dual sovereignty doctrine. Under specific circumstances, the federal government assumes that the state prosecutor vindicated federal interest. Sometimes, the federal prosecutor may decide to prosecute after an acquittal at the state level.

If you're charged with a federal and state offense, you require a defense lawyer who understands both. California Criminal Lawyer Group has extensive experience in both federal and state courts and will protect your constitutional rights. 

They are different. The legal team at California Criminal Lawyer Group understands why you are confused. They both begin with the letter "p" and represent methods for defendants to live in the community while under supervision.

Probation happens at the beginning of the sentence, while parole comes later, permitting the defendant's early release from the sentence.

The judge grants the probation during your sentencing. It does not necessarily come with serving time. The judge also issues conditions that you should meet like:

• Paying fines and court costs
• Not using drugs
• Not violated any other crime
• Not moving out of the state without the court's permission
• Reporting to the court or probation officer regularly
• Anger management classes
• No contacting the alleged victim
• Restitution
• Performing community service

On the other hand, a parole board grants parole after you have served some time. The board will consider factors like the degree of rehabilitation and your conduct in prison. Moreover, the parole board can issue terms and conditions like:

• Consenting to be searched at any time with and without a search warrant
• Registering with local authorities
• Living within designated county restrictions

The Miranda warnings' rights originate from the Fifth Amendment (right against self-incrimination) and the Sixth Amendment (right to legal representation).

The police should inform you of the below:

• You are entitled to remain silent
• The police could use anything you say against you in court
• You are entitled to legal representation
• If you can't afford an attorney, the court should appoint a public defender.

PC 290 makes it illegal for a sex offender to fail to register with the necessary local authorities. Sex offenders are required to register:

• Each year within five days of their birthday
• Once they relocate to another address

An individual is a sex offender if found guilty of any sex crime outlined in California Penal Code Section 290, such as rape, indecent exposure, and sexual battery.

The consequences you face depends on whether your underlying sex crime is a felony or a misdemeanor. If the original offense is a California misdemeanor, then failure to register is a misdemeanor that attracts a one-year county jail sentence. If convicted of a felony, then failure to register is a felony that carries a maximum of three years in California state prison.

California courts look at eight (8) factors when determining whether a DUI checkpoint was legal or not. There isn't a minimum number that is required for a checkpoint to satisfy the test.

Instead, the court should balance:

• The subjective intrusion in drivers, against
• The state's interests in combating drunk driving

Here is an overview of the factors:

• The supervising officer should make operational decisions — To lower the chances of capricious and arbitrary enforcement, the supervising officer should decide how, when, and where the checkpoint will operate.
• The supervising officer should determine early which motor vehicles are to be stopped. Generally, the determination should be based on a neutral mathematical selection criterion.
• The DUI sobriety checkpoint should be reasonably situated in a place with high DUI arrests and accidents.
• The police should take enough safety precautions. Some of the safety factors include street layout, ensuring the roadblock is visible to drivers, and traffic patterns.
• The supervising officer should use good judgment when setting the checkpoint's duration and time of day.
• Approaching drivers must be able to see that they are approaching an official sobriety checkpoint. It helps reduce surprise and fear to the motorists. The roadblock's official nature could be shown by flashing lights, warning signs, and marked police vehicles.
• The police must detain motorists only long enough for the police to check for intoxication signs and question the driver. If you fail to show any impairment signs, you should be allowed to leave.
• The checkpoint must be publicly advertised early.

As previously mentioned, the court should advise you of your constitutional rights during the arraignment. These rights include:

• Right against self-incrimination
• The entitlement to a jury trial
• The right to confront witnesses
• The entitlement to legal representation and if you cannot afford to hire an attorney, the court will appoint a public defender

If charged with a California infraction, only a few of the rights will apply. For instance, an infraction defendant isn't entitled to a trial by jury or a public defender.

Unlike the adult criminal records expungement, a person could have the juvenile record destroyed unless they committed an offense under Welfare and Institutions Code Section 707(b) like murder, kidnapping, arson, rape with violence, arson, and attempted murder.

The section refers to California felony crimes and for which you were adjudged not to qualify and proper subject to be handled under the court.

Otherwise, the juvenile record will be destroyed when:

• You turn thirty-eight years, and if you were adjudged a ward of the court for committing a crime
• Five years had passed when the court ordered the record to be sealed if you were declared a ward of the court

If you are required to register as a sex offender under PC 290 based on the juvenile conviction, the obligation is eliminated.

An arraignment is the initial court hearing in the criminal justice system. It follows your arrest and occurs once the prosecutor files your charges.

It's the phase where:

• You have the chance to enter a plea
• The court will advise you of the criminal charges against you
• The court sets, exonerates, reinstates, or modifies your bail amount
• The court informs you of the rights

Bail is the money that the court requires you to pay as a guarantee you will show up in court.

You can post bail by either using a bail bond or paying the entire bail amount in cash. To secure the bail bond, people use bail bond agents. Your bondsman will agree to pay your bail in return for you to pay a portion of the entire bail amount, usually ten percent. Please note, the ten percent premium is non-refundable.

Since the bail bond agent is uncertain if the accused will appear in court and comply with the set conditions, most agents will require the cosigner to use collateral. It can be a personal property or real estate.

Per PC 1203.4, expungement is a post-conviction relief form that releases you from disabilities and penalties stemming from your conviction.

The dismissal of your crime provides a fresh start from the criminal past. There are numerous benefits of acquiring an expungement, including:

• You can get professional licenses.
• It can sometimes help you avoid immigration consequences like deportation.
• Your expunged conviction cannot be used to impeach your credibility as a court witness.
• A potential employer cannot discriminate against you based on the conviction.

Misdemeanors and felonies are two classes of offenses.

Typically, a felony carries more than one year of incarceration and ten thousand dollars in fines. Depending on the offense committed, a felony can also lead to a death penalty or life sentence. Sometimes, the judge can choose to sentence a defendant to a felony or formal probation in place of lengthy imprisonment terms.

Examples of felonies include rape, murder, and lewd conduct with a minor.

Misdemeanors are less severe offenses than felonies. There are two forms of misdemeanors; gross and standard. Generally, misdemeanors carry six (6) months in jail and fines of one thousand dollars. Sometimes, the judge might award you with a summary or informal probation in place of serving time.

Examples of misdemeanors include petty theft, prostitution, driving under the influence without injury, and drunk in public.

A wobbler is an offense that the prosecutor can file either as a misdemeanor or felony. The prosecution chooses how to charge the crime depending on your criminal record and the case facts.

If you or your lawyer fails to appear, the judge will issue a bench warrant. The beach warrant authorizes the police to arrest you and take you to court.

FTA on a California misdemeanor is a misdemeanor, while FTA on a felony charge triggers another felony charge.

Irrespective of how well-educated and intelligent you are, the California criminal justice system makes it almost impossible to represent yourself effectively. All criminal cases are unique, and only an experienced attorney can offer the legal representation you require.

Your criminal defense attorney does more than questioning witnesses in the courtroom. They can also:

• Offer emotional support and help you handle feelings of low self-esteem, anxiety, embarrassment, and fear that come with the criminal charge.
• Develop sentencing programs designed to meet your needs, often assisting you to prevent future brushes with the law.
• Engage in plea bargain negotiations with prosecutors and arrange for lesser sentences and reduced charges.
• Offer you a reality check.
• Tell you of the possible case outcome should the case proceed to trial.
• Your lawyer knows essential rules that you would not locate when self-representing. Most criminal laws are hidden in court interpretation of state and federal statutes and constitutions.
• Understands the hidden cost of pleading guilty that you would not think about when self-representing.
• Engage investigators who can believably impeach prosecutor's witnesses who exaggerate at the trial.
• Collect information from witnesses testifying against you.

You should come with your criminal defense attorney if you've hired one. Remember to carry the paperwork issued by the bail bond agent, jail, or police and evidence to help in the defense.

You'll probably leave the hearing with:

• A copy of the police report related to the case
• A copy of the formal complaint filed against you

Any voluntary statement made following your arrest but before issuing Miranda warnings and questioning are admissible as proof.

After questioning starts, if the officer does not tell you of your Miranda rights, they can't use your statement at the trial. However, the failure does not necessarily mean your criminal charge will be dropped. Instead, the prosecutor can't use the illegally obtained evidence to establish your guilt.

If you forgot to carry your valid driver's license, you could issue the police officer the license number. After checking it, the police might permit you to leave provided you exhibit no symptoms of intoxication.

Nonetheless, you could be ticketed for a California infraction for not carrying the license and required to submit it to the court and have your case closed.

If your license is not valid, you will be arrested under VC 12500 and pay one thousand dollars in fines.

Your motor vehicle could be impounded if you are operating your car on a suspended driver's license.

At California Criminal Lawyer Group, our legal team has vast experience handling numerous criminal cases at both the federal and state levels. We take pride in helping defendants fight for their freedom and rights.

Some of the cases (both felonies and misdemeanors) we handle include:

• Drug crimes
• Driving under the influence (DUI)
• Restraining orders
• White-collar and theft crimes
• Sex crimes
• Juvenile Cases
• Violation of probation and parole
• Post-conviction relief such as expungement
• Weapon crimes
• Violence Crimes
• Computer and internet crimes

When you hire us, we can conduct thorough investigations of what took place, question witnesses, and review police reports to develop the most effective legal strategy. We can also analyze how the police gathered the evidence against you, check whether probable cause existed for your arrest, seizure, or search. If misconduct is found, we can work to exclude the unlawfully obtained evidence or dismiss the charges.

There are numerous limitations on what an expungement can do, including:

• Remove your conviction from the "Rap Sheet."
• Reinstate the entitlement to possess guns under PC 29800
• Remove the responsibility to register as a sex offender
• Prevent your conviction from used as a strike or previous conviction to enhance penalties on subsequent convictions

Miranda rights only apply to custodial interrogation, and the police do not have to issue the warning each time they speak with or question you. The warning is effective when the law enforcers detain or arrest you. It does not matter where your questioning occurs (at the crime scene, busy public location, or police station). What matters is the defendant is in police custody and can't leave.

The 48-hour rule applies to all offenses that require you to stay in police custody, whether a misdemeanor or felony.

That means most misdemeanor defendants are released after an arrest. When this is the scenario, a misdemeanor arraignment hearing should occur within ten days after the arrest.

Sometimes depending primarily on the case circumstances, making you wait forty-eight hours might be deemed unreasonable (sometimes, the legal team at Fresno Criminal Attorney can explore and argue on your behalf). If unreasonable delay exists, the law may convert your otherwise legal arrest to illegal detention. Please note, the illegal detention cannot lead to case dismissal unless:

• The delay caused you to suffer an unfair injury or prejudice, or
• You can establish that this delay deprived you of a fair trial

Typically, there are two arraignment hearings in felony cases. One hearing happens at the beginning of your criminal proceeding, while the second occurs following your preliminary hearing.

It's wise to consult with a skilled defense lawyer immediately when you know you're facing a criminal charge. More often not, defendants are notified that they might be facing criminal charges before they are prosecuted. Police will talk to you before acquiring an arrest warrant. Additionally, the police can serve you with a search warrant. It is a crucial stage, and you must protect your rights by retaining a lawyer.

If you fail to benefit from early warnings and are detained, it is more crucial that you speak with a lawyer immediately.

The legal counsel can also be instrumental when posting your bail. They will review and understand the case circumstances, advise you of the constitutional rights, help you lower your bail amount, and sometimes have the case dismissed.

A plea bargain is an agreement between the prosecutor and the defendant, in which the accused agrees to plead no contest or guilty in return for a deal by the prosecution to reduce the charges to a less severe crime, recommend a particular sentence acceptable to the legal defense, or drop the charges.

Due to the vast number of cases, judges and prosecutors are pressured to close cases quickly. While a criminal trial can take days or even months, prosecutors can arrange a guilty plea in minutes. Additionally, your trial results are unpredictable, while plea bargain negotiations offer both you and the prosecution control over the outcome.

Under the pressure of criminal charges, it could be tempting to accept the prosecutor's plea offer. Although it is sometimes advisable to take the plea offer, you should ensure you're receiving the best possible deal.

Here are steps you need to take before accepting the plea bargain:

Consulting with Your Criminal Defense Attorney

It would be best if you spoke with your lawyer before accepting the plea bargain. Your lawyer is acquainted with the criminal process and may tell whether the plea offer is in your best interests or not. The expert has previously handled similar cases and understands the prosecution trends and possible sentences.

Moreover, your attorney can review the proof against you and determine whether there are methods to challenge the charges. If the prosecutor's case is weak, they might choose to offer a better plea offer to avoid losing.

Check Whether the Offer in Your Best Interest

While it might look like a kind gesture when the prosecution offers you a plea offer, you need to understand that they are neither your friends nor legal counsels. They are government workers who operate under the assumption that you're guilty.

It is, therefore, essential to check with your attorney whether the offer is in your best interests. There are numerous consequences to a conviction beyond incarceration, including the inability to secure lucrative employment opportunities, stigma, and hefty fines.

Although a plea bargain might be in the best interests, if you plead no contest or guilty:

• You lose the entitlement to a trial.
• If convicted unfairly, you are not entitled to an appeal
• The judge will accept what the prosecution recommends, which should not be the case

You qualify for expungement for your felony or misdemeanor offense as long as you:

• Aren't currently serving a sentence, accused of a crime, on probation for an offense
• Completed probation

Successful complete probation means you:

• Met all your probation terms and conditions
• Didn't violate any law while on probation
• Showed up in all court hearings

A conviction can't be expunged if you were sentenced to prison unless your offense is one for which you would serve time in county jail under Prop 47 realignment.

However, some crimes cannot be expunged, including:

• Lewd conduct with a minor (PC 288)
• Oral copulation with a minor (PC 287)
• Statutory rape
• Law against sodomy with a child

To get the expungement, you should complete a Petition for Dismissal form for all cases and submit them to the Superior Court where your conviction took place for court decision or review. Remember to file all supporting documents together with your petition.

Find Experienced Legal Representation Near Me

Protecting your rights and freedom effectively when facing criminal charges can be challenging, especially if you don't have a legal background. The criminal procedure and laws can limit the control you've over your case outcome, adversely affecting your future. Having represented thousands of clients, the proficient legal team at California Criminal Lawyer Group knows that being well-informed plays a significant role in your peace of mind. By answering frequently asked questions, we help clients understand their case and guide them throughout their legal journey. However, since every case is unique, we recommend finding answers that specifically relate to your case circumstances by requesting a free case review with us.

Allow our experienced lawyers to review your case, advise you of your constitutional rights, and discuss how we can assist you by contacting us today at 559-712-8377.