Monthly Archives: October 2008


“You have the right to remain silent . . .”

October 7, 2008

Often, people will complain to me that the police never read them their rights when they were arrested. Despite what’s shown on TV and in the movies, the police do not have to read someone their rights the second they’re arrested.  The Miranda rights (”You have the right to remain silent”, etc.) are only required [...]

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What are the benefits to getting a conviction off my record?

October 6, 2008

By filing a formal motion with the court, you can seek to have a conviction taken off your record in a process known as expungement. The procedure depends on whether the conviction was for a misdemeanor or a felony, the punishment imposed and your age at the time of the conviction. By expunging your conviction, [...]

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DUI and license suspension - DMV hearings - Orange County DUI defense

October 5, 2008

If you have recently been arrested for DUI in California, the clock is ticking for you and your driver’s license. Under the California Vehicle Code, the police will confiscate your driver’s license if you are arrested for DUI. They will issue a temporary driver’s license to you, but unless you take action, your license will [...]

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What if the victim wants to drop charges? Will I still be prosecuted?

October 4, 2008

Only the prosecution can file charges and only the prosecution can drop or dismiss charges. They may take into account the victim’s wishes not to “press charges,” but it is their decision. Your attorney may be able to convince the prosecution to drop charges (or to not file them in the first place) by presenting [...]

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What is “statutory rape”?

October 2, 2008

The age of legal consent for sexual intercourse in California is 18 years old. The crime of “statutory rape” (more correctly called “unlawful sexual intercourse” today) is sexual intercourse with a person under the age of 18. Even if the “victim” was a willing, consenting partner, if they are under 18, it is [...]

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