Monthly Archives: September 2008


Search and Seizure

Along with questions about when the police are required to give somebody their Miranda rights, the next most often question people ask me is about getting evidence suppressed or “thrown out” of court.  The Fourth Amendment is your legal protection against unreasonable searches by the government.  Without first obtaining a search warrant from a judge [...]

What’s the difference between a felony and a misdemeanor?

The biggest difference between a misdemeanor and a felony is the punishment each one carries.  A misdemeanor charge has potential punishment of a fine or being locked up in the County Jail for up to six months or a year (depending on the charge).  A felony is punishable by imprisonment in the State Penitentiary (State [...]

What is an Arraignment?

An arraignment is the first court appearance in a criminal case.  The accused is formally told of the charges against them and enters a plea (usually a “not guilty” plea).  The court will then set bail and dates for the next court appearance.

DUI Basics

In California, drunk driving can be charged under two separate, but related sections in the Vehicle Code. Section 23152(b) is the charge for driving with a blood alcohol level equal to or above 0.08%. Even if a person is driving perfectly – no weaving, speeding or other violations of the Vehicle Code, they can [...]