Frequently Asked Legal Questions

The police can only ask basic, identifying information questions without violating the Miranda requirement. Do not provide information beyond your name, address, date of birth, and social security number. Be polite and respectfully decline to answer additional questions.

No. Speaking to a police officer or an investigator provides the government evidence to use against you. Politely refuse to answer any questions and invoke your constitutional right to speak with an attorney. While it is okay to answer basic, identifying information questions such as your name, address, date of birth, and social security number, do not answer any questions related to an investigation.

An individual must be informed of his or her Miranda rights during a custodial interrogation. To put it simply, you must understand your rights if you are asked questions and are no longer free to leave. Although the case will not be dismissed if Miranda warnings are omitted, any statements or evidence obtained from the statement, made while in custody, will be excluded from the case. Voluntary statements or spontaneous statements made prior to Miranda may be admitted in Court.

“You have the right to remain silent and refuse to answer questions. Do you understand? Anything you say may be used against you in a court of law. Do you understand? You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand? If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand? If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Do you understand? Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?”

Yes. The Supreme Court has consistently ruled that Police Officers can lie and manipulate information in order to obtain a confession from you.

Not necessarily. The victim can voice concerns or opinions, but the state is prosecuting the case. Once charges are filed, the state becomes the victim in the case. The state will surely run into difficulty if the victim refuses to show up for court or changes a story during testimony. This is more often seen in domestic violence cases where the parties have reconciled.

Very few cases make it to the trial stage. The majority of all criminal cases are resolved through some type of plea-bargaining arrangement prior to trial. Each case is unique and a plea bargain or trial setting depends upon the strength of the case, evidence and testimony, and even the court or specific judge.

Police are held to specific rules and guidelines when it comes to conducting searches. A search warrant for a home must be specific in nature. Officers may only search the location explicitly described in the search warrant. Police can remove items so long as they are described in the warrant. However, if additional contraband is in “plain view” during the search, Police may remove it as well and potentially file criminal charges. Vehicle searches are a different matter. Officers can legally search a vehicle if contraband is in “plain view.” Do not ever provide a written or verbal consent to search your vehicle. Police must have probable cause to search. Do not provide them with a probable cause!

Probable cause is the standard by which an arrest is made in the United States. California law defines probable cause as “whether at that moment the facts and circumstances within their knowledge and of which they had reasonably trustworthy information were sufficient to warrant a prudent man in believing that the petitioner had committed or was committing an offense. (Beck v. Ohio, 379 U.S. 89 (1964))

Procedural law pertains to the process by which the criminal justice system operates. Procedural law covers the rules of the court and the manner in which a case proceeds from the arrest to the conclusion of the case. Substantive law refers to the written law itself. Substantive law is summarized as the creation, definition, and regulation of the law.

Probation is oftentimes used in cases involving misdemeanors or first time, non-violent offenders in lieu of sending a Defendant to jail. The Defendant is subjected to a variety of conditions, including drug testing, restitution payments, fines, court costs, community service, counseling, and substance abuse treatment. The Defendant must refrain from criminal activity as well. Failure to abide by the terms of probation may result in jail time, a longer-term of probation, or additional conditions of probation for the Defendant. Once probation is successfully completed, any suspended sentence is dismissed and the case is terminated.

Parole, or post release control in California, takes effect once a Defendant is released from prison. During this period of supervision, the Defendant must adhere to conditions similar to those of probation. Failure to follow these conditions may result in a trip back to prison. As with probation, once the terms of post release control are successfully completed, the case is terminated.

During a “bench trial,” a judge hears all of the evidence and makes a decision regarding guilt/innocence and punishment. Bench trials are typically less formal and take less time than a jury trial. Cases involving sensitive information and fact scenarios may not be appropriate for a jury. A jury consists of randomly selected “peers” who hear evidence and make a ruling regarding guilt or innocence. Depending on the case, a jury may be more sympathetic than a Judge who is overwhelmed with cases. Since all jurors must agree to the decision, it is possible to obtain a not guilty or hung jury verdict so long as one juror is swayed in favor of the Defendant. Jury convictions must be unanimous.

While every situation may have differences, generally a person who has been arrested is brought to the police station where he/she is “booked.” This means the law enforcement agency will take personal, historical and biographical information. Law enforcement uses this information to determine if the individual has any warrants or a criminal history to aid in the evaluation of whether or not he/she can be released from custody or if the payment of a bail/bond is required.

To ensure your rights are protected and to get the best understanding of the charges against you, contact our law firm for a free evaluation of your case.

After being detained, the accused may be given the option to post bail as a promise to appear for a court date rather than remain in jail until the first hearing. The reality is that the bail amount could be raised, lowered, or revoked at the arraignment.

Consulting with an attorney from our Sacramento law office will allow a professional to review the current facts of your case and give you legal advice on the best strategy regarding your bail. This could potentially save you thousands in bail bonds fees.

An arraignment hearing is usually the first step in the criminal procedure that takes place in a courtroom before a judge or magistrate. The Arraignment Hearing protects your rights guaranteed by the Sixth Amendment to the United States Constitution. Specifically, the right “to be informed of the nature and cause of the accusation.”

Being charged with drunk driving is not dependent on the number of drinks you have consumed or your tolerance to alcohol. A DUI is based on your blood alcohol content (BAC). In California, a driver over the age of 21, registering a BAC of 0.08% and higher is considered impaired and can be charged with a DUI. Drivers under the age of 21 can be charged with a DUI with a BAC of 0.01% or higher. Any driver operating a vehicle requiring a commercial driver’s license can be charged with a BAC of 0.04% and higher.