Laguna Hills Criminal Defense Frequently Asked Questions
The following information includes frequently asked criminal law questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Southern California criminal defense lawyers of Majors Law Firm, P.C., you can receive a personal consultation regarding your specific legal claim.
What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is taken before a magistrate who issues a warrant if necessary and sets a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense with which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant enters a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.
Is domestic violence a crime punishable under criminal law?
Whether the domestic violence is a crime depends upon the particular circumstances, as well as the laws of California. Often domestic violence is both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and award of monetary damages.
It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with the abuser and seek to have the charges dropped, only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being filed by the victim.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
Do I have the constitutional right to speak to an attorney before I have to take a field sobriety test?
In the state of California, and in the vast majority of the states, your right to an attorney or to advice of counsel does not attach until you are formally arrested or placed in "custody." Other states vary from the position that you have the right to consult an attorney upon being arrested to you have the right to presence of counsel to assist you to decide wither or not to submit to a chemical test. If at any time during the officer's stop, you believe you need an attorney, it is always good policy to ask for an attorney. Listen to what the officer says in response to your request for an attorney, as this response could be very important if he misrepresents the law to you. This information could go to reflect upon the officer's credibility and could be used to impeach the officer at trial.
Should I refuse to submit to the field sobriety test?
You are not legally required to take a field sobriety test. This is unlike the chemical tests to determine your blood alcohol concentration [BAC]. When asked to take a chemical test by the police officer who has already arrested you, if you refuse there are serious consequences; i.e., loss of driver's license for a year. You can, however, respectfully decline to take the field sobriety test. Remember, always be polite and courteous to the officer. If you are rude or become abusive or obstructive, the only person who is going to lose is you, not the police officer. You can certainly refuse the field sobriety test in a polite and courteous manner.
If the police officer asks me if I have been drinking, how should I respond?
If the officer asks you "Have you been drinking?" your answer will be a significant factor in the officer's decision to arrest you and in the prosecution's case against you if you are charged and tried for drunk driving. Such questions are "accusatory" in nature and you should respectfully decline to respond in a polite and courteous manner. You can respond, "I would like to speak with an attorney before I answer any questions." It must be remembered that the officer does have a right to certain information that the courts appear to look upon as routine questions. For example, What is your name? What is your address, What is your date of birth? etc. When the officer inquires into drinking, however, ask for an attorney as set forth above. The officer will then probably say you do not have a right to an attorney and ask you to answer the question. At this point, your best course of action would be to "respectfully" decline to answer. A good drunk driving attorney will give the jury some reason for your respectfully declining to answer the question.
Should I consent to a chemical test to determine my blood alcohol concentration?
In the state of California, as in almost all states, a driver is required to submit to a chemical test of his blood, breath or urine upon request of the police officer. The consequences of refusing to submit vary from state to state, but usually your driver's license will be suspended. This driver's license suspension may even be upheld if you are subsequently found not guilty of the drunk driving charge.
In the trial of the drunk driving charge in a court of law, your refusal will in all probability be introduced by the prosecution as evidence of your "consciousness of guilt." Without a doubt, however, a competent criminal defense attorney will offer other reasons for your refusal. The decision to refuse a chemical test is one not to be made lightly. If you believe that submitting to a chemical test will produce evidence of a high blood alcohol concentration, you must weigh that against the consequences for refusing to submit.
Should I get a lawyer? Why can't I represent myself?
You certainly have a right to represent yourself, but remember the very old legal maxim that goes, "He who represents himself has a fool for a client." Let's assume that you had a need for an appendectomy. Would you go to the store and buy a do-it-yourself appendectomy kit and try and remove your own appendix? Of course not. A drunk driving charge requires an expert drunk driving attorney, someone who is familiar with the analysis methods, evidentiary issues and constitutional issues that will be faced in a drunk driving trial.
If you are going to seriously defend yourself against a drunk driving charge, you are going to need an experienced drunk driving attorney. How do you determine what kind of attorney you need? The attorney who prepared your will, the attorney who handled your divorce, or the attorney who handled your personal injury or worker's compensation case will probably not be the attorney you need. The best way to find a qualified attorney is to ask questions of that attorney and establish his or her qualifications. The attorney you select must be someone who you have confidence in, who can communicate with you, can communicate with the court and understands the complex issues presented in a drunk driving case.
If you or someone you know in Laguna Hills or anywhere within Southern California needs the assistance or legal counsel of an experienced criminal or DUI defense lawyer, contact Majors Law Firm, P.C., today, at 1-866-435-1785, or complete the contact form provided on this site to begin your free consultation.
