Category Archives: FAQ

What are the Miranda rights?

September 24, 2008

In 1966, the United States Supreme Court issued a ruling in a case that dramatically changed criminal procedure. Whenever a person is “in custody” and being subjected to interrogation, law enforcement is required to inform them of certain rights. Those rights that must be explained to a suspect are: The right to remain silent; that [...]

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What is the “Three Strikes” law?

September 22, 2008

In 1994, California voters passed legislation enacting the “Three Strikes” law. If you are convicted of any felony after having two previous “serious” or “violent” felonies, you face a mandatory sentence of 25 to life in state prison. If you have one previous “strike” conviction, any sentence you get on a new felony will be [...]

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My son was arrested for misdemeanor shoplifting. Now he faces felony burglary charges. How did that happen?

September 20, 2008

Burglary is when a person enters a building with the intent to steal or commit a felony inside. The prosecution must feel they have evidence to show your son’s intent to steal before he entered the store. If they cannot show that intent, the burglary charge must be dismissed.  Since burglary is a felony and [...]

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Can I get a prior conviction taken off my record?

September 18, 2008

If you were convicted of a misdemeanor or most felonies and were granted probation, you may be eligible to have the conviction expunged or taken off your record. There are limitations on what expunging a conviction means and what crimes are eligible. If you were convicted of a felony and were sentenced to state prison, [...]

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If I am charged with a sexual offense, will I have to register as a sex offender?

September 18, 2008

You do not have to register if you are arrested, only if you are convicted – and then, only if you are convicted of a crime that requires registration.  That registration is a lifetime requirement and becomes part of a public database, so even though you are not required to register for an arrest, you [...]

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