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When someone is arrested, the words “You have the right to remain silent…” are likely some of the first they hear. These words are part of what’s known as “Miranda rights,” stemming from the landmark U.S. Supreme Court case Miranda v. Arizona (1966). The purpose of these rights is to ensure that an individual’s Fifth…

There are a number of good reasons that you want to try to remove a criminal conviction from your record—you may be denied access to credit or to educational opportunities. You may be denied the right to live in certain types of housing. Most importantly, though, you may face extreme difficulties finding gainful employment. Not…

When you are detained or arrested by law enforcement officers, it’s critical that you know your rights. Even though police officers should read you your Miranda rights when taking you into custody, you want to know ahead of time what is happening and what your rights are. What is an Arrest? There’s a difference between…

So you’ve been arrested and charged with drunk driving… You don’t want to just plead guilty and take your punishment. Why? Because police officers regularly make mistakes in DUI cases. Here are the top 4 most common police mistakes in DUI investigations: The Officer Makes a Traffic Stop without Probable Cause A police officer doesn’t…

In California, as in all states, as a repeat offender you can expect significantly increased penalties on a DUI (driving under the influence) charge. If you are convicted a third time for drinking and driving, the penalties can include: A jail term of four months to a year, although alternatives to a jail sentence may be…

Though the most common objective of a restraining order is to limit contact between the person served and others, typically a spouse or children, a restraining order can also require that the recipient fulfill other requirements, including payment of child or spousal support, payment of certain bills, compliance with custody and visitation orders, or even…

There was a time when gambling was illegal everywhere except Atlantic City and Las Vegas. Though all that has changed, with casinos, pari-mutuel betting tracks and poker rooms being legalized in many states, there are still certain types of gambling, or gaming, that are prohibited in every state. Gambling Defined Though the specifics can vary…

Did you expect a simple answer to this simple question? Under California law, the statute of limitations might be one year, three years, or four years for a theft crime, depending on the circumstances. The clock might start running at the time of the crime, or months, even years later. Three years of limitation might…

Finders, keepers? Not in California, where Penal Code Section 484-502.9 specifically states that keeping lost property if you have knowledge of its true owner is a crime. The code outlines a long list of specific offenses involving fraud and deception. Consider the following examples: defrauding a person of labor using a false reference to get…

Effective Sunday, January 1, 2017, it is against the law for motorists in California to hold a cell phone while on the road. The law is far-reaching, banning the holding of a cell phone for any purpose, from talking to texting to checking a map. Drivers may use cell phones when behind the wheel only…