FAQs
Criminal Defense FAQs
DUI-Related Questions
- I've just been arrested for DUI. What should I do?
- Why did the arresting officer say I refused to take the chemical test when I did? I blew into the hand-held device on the side of the road.
- How long will my driving privilege be suspended if I took the chemical test?
- I was arrested for DUI 4 days ago. The officer took me to jail and let me go after a night. Does that mean my case has been dismissed?
- I blew a 0.08 or higher. How can a lawyer help my case?
Juvenile Crimes Related Questions
- My minor child has just been arrested and taken into custody. What are his rights?
- My minor child has just been arrested. What can I do to help?
- The probation officer referred my minor child's case to the District Attorney for filing. Will he be released from custody?
- The probation officer referred my child's case to the DA for filing and has decided to keep my child in custody. What happens next?
Domestic Violence
- I am falsely accused of domestic violence against my wife. I was arrested and then served with a temporary restraining order. I'm really confused and I want to talk to my wife to sort things out. Can I call her on the phone?
- I just got out of jail for domestic violence and I've been served with a restraining order from my wife. How can I get my stuff from our house?
- My wife has a restraining order against me for domestic violence. But lately, she has been calling to talk to me and inviting me over to her house. Can I talk to her or visit her?
General Criminal Charges Related Questions
- I have just been arrested and taken into custody. When will they release me?
- I was arrested and released after 72 hours. Does that mean my case is dismissed?
- The District Attorney just filed a case against me. If I were to plead guilty, how much jail time would I get?
- The police caught me red-handed and I made a confession. How can a lawyer help my case?
DUI-Related Questions
1. I've just been arrested for DUI. What should I do?
More than likely, the arresting officer issued you a Notice of Suspension or Revocation at the time of your arrest. Under California Law, an officer is required to immediately forward to the DMV a Notice of Suspension or Revocation along with his report.
It is essential for you to schedule a hearing with the DMV to contest the suspension or revocation of your driver's license within 10 days of your arrest. This will preserve your right to a hearing and your right to have a restricted license to drive while your DUI case is pending. Otherwise, you will lose your right to drive, even if you successfully avoid a DUI conviction.
It is in your best interest to have an experienced attorney handle your suspension or revocation hearing (otherwise known as an "Admin Per Se hearing"). Please Contact Us and schedule a consultation regarding your Admin Per Se hearing as soon as possible.
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2. Why did the arresting officer say I refused to take the chemical test when I did? I blew into the hand-held device on the side of the road.
Under California law, in order to legally drive a vehicle, you gave an implied consent to submit to chemical testing when you're being investigated for a DUI. The specific chemical test the law requires is either a blood test, blowing into a breathalyzer at the police station, or in certain cases, a urine test. The hand-held device (called the PAS test for "Preliminary Alcohol Screening") you blew into on the side of the road does not qualify as a chemical test under the Implied Consent laws.
In fact, you are not required to perform any tests other than the chemical test at the station when you are being investigated for a DUI. Thus, you do not have to blow into the PAS device, perform the finger-to-nose test, the walk-and-turn test, the finger counting test, the alphabet test, or any tests other than the blood draw or the breathalyzer at the station.
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3. How long will my driving privilege be suspended if I took the chemical test?
If you are 21 or older, took a blood or breath test, or (if applicable) a urine test, and the results showed 0.08% BAC or more:
- A first offense will result in a 4-month suspension.
- A second or subsequent offense within 10 years will result in a 1-year suspension.
If you are under 21 year of age, took a preliminary alcohol screening (PAS) test or other chemical test and results showed 0.01% BAC or more, your driving privilege will be suspended for 1 year.
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4. I was arrested for DUI 4 days ago. The officer took me to jail and let me go after a night. Does that mean my case has been dismissed?
No. The District Attorney generally has up to 1 year to file a complaint in your DUI case. When you were let out of jail, you may have signed and received a Promise to Appear with a next court date and time written on it. You must appear in court at that date and time. If the DA has not filed a complaint against you by that court date, you must then contact the Court Clerk for further instructions.
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5. I blew a 0.08 or higher. How can a lawyer help my case?
DUI is an incredibly complicated area of law with many dire legal consequences to your driving privilege and life. A DUI conviction is not simply a "traffic violation," like a speeding ticket. A DUI conviction is a misdemeanor conviction, or in certain cases, even a felony conviction. A DUI conviction will also result in possible jail time, being on probation, and expensive fines, as well as suspension or revocation of your driver's license.
An experienced DUI lawyer will have the knowledge and skill to look into all angles of your case and determine if any of your Constitutional Rights were violated. For example, your lawyer can determine whether there were any issues with your detention and arrest that violated your Fourth Amendment Rights. An experienced DUI lawyer can also investigate whether the chemical test you took followed the correct procedures dictated by Title 17 of the California Code of Regulations. Breathalyzers can be wrong!
Most importantly, an aggressive and experienced DUI lawyer can keep you out of jail, reduce fines, and challenge the evidence the DA has against you. Please contact the firm and schedule a consultation to help you with your DUI criminal court case.
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Juvenile Crimes Related Questions
1. My minor child has just been arrested and taken into custody. What are his rights?
A minor (someone under 18 years old) who has been taken into custody must be housed in a juvenile facility; minors cannot be legally housed in an adult jail.
The officer who detains the minor must immediately notify the minor's parents that the minor is being detained and where he is held. The officer must also allow the minor to make 2 completed phone calls within one hour of being taken into custody. The officer must also take the minor to a probation officer as soon as possible.
The probation officer must then investigate the minor and the circumstances of the offense. The probation officer will then decide whether to:
- Release the minor after counsel; take no further action and close the case;
- Refer the minor to a program and close the case after 21 days if no further action appears necessary;
- Place the minor on informal probation; or
- Refer the case for filing with the District Attorney.
2. My minor child has just been arrested. What can I do to help?
A juvenile criminal case must be first referred to a juvenile probation officer for review. The probation officer will interview you and your child. This is a critical stage in the process because the probation officer has the power to simply counsel your child, release him to you, then close the case or refer the case for prosecution and keep your child in custody. It is important for your child's future to have a lawyer present during the interview.
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3. The probation officer referred my minor child's case to the District Attorney for filing. Will he be released from custody?
If the probation officer referred your child's case to the DA for prosecution, the probation officer then has the option to:
- Release your child to you; or
- Place your child on home supervision (e.g. ankle bracelet); or
- Detain your child in custody.
Generally, a minor in custody must be released unless the minor falls under several statutory exceptions. Some of the exceptions that could cause your child to remain in custody include a need to protect your child or the person or property of another; if he is likely to flee; or if he has violated a court order.
An experienced attorney would be able to make the proper arguments and convince a judge at a Detention Hearing as to why your child should be released to the your home. Please contact the firm and schedule a consultation regarding your child's detention.
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4.The probation officer referred my child's case to the DA for filing and has decided to keep my child in custody. What happens next?
A detention hearing in front of a judicial officer is required after a minor is taken into custody.
If your child was arrested without a warrant for allegedly committing a misdemeanor not involving violence, a threat of violence, or possession or use of weapons, and if he is not on probation or parole, the court must hold a detention hearing within 48 hours (excluding non-judicial days) of your child's being taken into custody. In all other cases,the court must hold a detention hearing no later than the next judicial day following the filing of the case by the DA.
It is in your child's best interest to have an attorney argue on his/her behalf at the detention hearing.
A lawyer familiar with the juvenile criminal system will be able to guide you through the process with the least amount of worries. A knowledgeable juvenile crimes attorney will have the resources to point your child towards the proper type of counseling and programs. An experienced juvenile defense lawyer will aggressively work towards lessening your child's punishment, as well as investigate the case to see if the police violated your child's Constitutional Rights to get the case dismissed. Please contact the firm and schedule a consultation regarding your child's juvenile criminal defense.
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Domestic Violence
1. I am falsely accused of domestic violence against my wife. I was arrested and then served with a temporary restraining order. I'm really confused and I want to talk to my wife to sort things out. Can I call her on the phone?
No, absolutely not. Despite your confusion and your many questions for her, you cannot contact your wife by any means. The temporary restraining order means that you cannot call, visit, write, e-mail, text, or even tell your friend to give her a message. You must have no contact with her whatsoever, unless and until a judge says you may.
You could be charged with a crime if you violate the order!
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2. I just got out of jail for domestic violence and I've been served with a restraining order from my wife. How can I get my stuff from our house?
You can call your attorney and have him/her arrange for a time with your wife for a civil-standby with the sheriff. That means that the sheriff will be standing by for a brief period while you get your things out of your home. Generally, the time will be arranged for when your wife will not be around the premises.
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3. My wife has a restraining order against me for domestic violence. But lately, she has been calling to talk to me and inviting me over to her house. Can I talk to her or visit her?
No, absolutely not. Despite your wife's current wish to contact you, the restraining order is still in effect. You can be charged with a crime for violating the restraining order even if your wife was the one who initiated contact with you. The only way you can contact your wife is if a judge amends the order. This involves a hearing where both you and your wife are present and the judge hears from her the reasons why she wants the restraining order amended. Please contact the firm and schedule a consultation regarding lifting the restraining order.
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General Criminal Charges Related Questions
1. I have just been arrested and taken into custody. When will they release me?
Under California law, if you have been arrested and taken into custody, the jail must release you within 72 hours (excluding nonjudicial days) of your arrest unless the District Attorney has filed charges against you.
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2. I was arrested and released after 72 hours. Does that mean my case is dismissed?
No. Depending on the type of case you have, the DA generally has up to 1 year to file charges against you.
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3. The District Attorney just filed a case against me. If I were to plead guilty, how much jail time would I get?
How much jail time a person would receive if found guilty depends on many factors. These factors include the seriousness of the charged crime,the egregiousness of the charged crime in comparison to crimes of the same class, whether you have a prior record, whether you took any rehabilitative actions following the offense, etc.
A skilled and experienced attorney will be able to keep you out of jail or significantly reduce the amount of time you may have to serve if convicted, and suggest effective pre-sentence rehabilitative measures. Please Contact Us and schedule a consultation to effectively defend your criminal case.
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4. The police caught me red-handed and I made a confession. How can a lawyer help my case?
An experienced criminal defense lawyer will have the knowledge and skill to look into all angles of your case and determine if any of your Constitutional Rights were violated. For example, your lawyer can determine whether there were any issues with your confession that violated your Fifth and Sixth Amendment Rights.
Most importantly, an aggressive and experienced criminal defense lawyer can possibly keep you out of jail or significantly reduce jail time, and challenge the evidence the DA has against you. Please contact the firm and schedule a consultation to help you with your criminal defense.
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Attorneys at Law
San Francisco, CA 94102
