Law enforcement can only arrest you if they have probable cause to believe you’ve committed a crime. If you are questioned, detained, or arrested, you have the right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else) – and most lawyers will recommend that you don’t [...]
If you were caught operating a vehicle while under the influence of alcohol or drugs, you may face criminal charges for driving under the influence. You can learn more about what happens next, including court appearances, license suspensions or revocations, here. The punishments you may receive if found guilty of driving under the influence (DUI) [...]
Contrary to popular reference, true expungements do not exist in California. A true expungement is defined as the act of legally destroying, deleting, obliterating, or striking out records or information in files, computers, and all forms relating to criminal charges. Once officially expunged, such records cannot be accessed for general or even law enforcement use. [...]
Generally speaking, minors under the age of 18 are tried in the California juvenile court system. However, there are cases in which younger minors can be tried in adult court. In certain circumstances, particularly very serious cases, a minor may be subject to a “transfer hearing,” where the judge decides whether the minor should be [...]
California’s open container law makes it illegal for anyone to drive with an open container of alcohol in the car. If you or a passenger in your car is caught with an open container, you and the passenger may receive a $250.00 fine. Remember, it is not illegal to drive with alcohol in the vehicle [...]
Knowledge is power, and when you know what to expect when involved in a legal dispute, you could have a better chance of getting a favorable outcome. Here is the general process a person would expect after an arrest. First, the police cite or arrest someone and write a report that summarizes the events leading [...]
What are police officers allowed to do (or not allowed to do) when conducting a search? It is important to note that all police searches require warrants unless one of the exceptions to the warrant requirement applies (e.g., consent, exigent circumstances, plain view). What they MAY do A police officer may perform a search without [...]
In the state of California, a DUI is usually charged as a misdemeanor. However, there are certain aggravating factors that could turn a DUI into a felony. Read on to learn about the possible penalties you could encounter if charged with one of the following: First DUI Without Injury Misdemeanor. $1690 in fines plus a [...]
In the age of social media and viral videos, it can be easy to find yourself in a messy situation after sharing information about an arrest or an incriminating event. Many social media users do not understand that content is not permanently deleted from their online history or on their social media profiles (even on [...]
Law enforcement can only arrest you if they have probable cause to believe you've committed a crime. Once the police have established probable cause, they can proceed as follows: They can make an arrest. Once you are in police custody, your initial arraignment generally must occur within 48 hours. The initial arraignment is your first [...]
