I have a misdemeanor petty theft from five years ago and I know it will impact my ability to obtain employment. What can I do to expunge my criminal record?
We can file a motion on your behalf pursuant to Penal Code Section 1203.4. There is a high chance this motion will be granted if you had no probation violations while you were on probation, and if are not currently on probation for any other criminal offenses. What this motion does is it asks the court to set aside your guilty plea, enter a not guilty plea in its place…Read More
What happens if I refuse to take a breath or blood test when requested to do so by a police officer?
The officer may ask you to take a breath test at the scene of your arrest. This is called a preliminary screening device or “PAS” test and you are NOT REQUIRED to submit to such a test. There is no penalty for refusing to do so. The officer may ask you to do some “field sobriety tests”. Once again you are NOT REQUIRED to submit to any of these tests.…Read More
I blew a .00 on a breathalyzer, however, I think they will find cocaine in my blood test. Will I lose my driver’s license?
The good news is that the DMV will not take action to suspend your drivers license. This is because the DMV only takes action to suspend your license if you take a blood or breath test and the result is .08 or higher. The bad news is that if the blood test comes back showing cocaine in your system the District Attorney will likely prosecute you for DUI-Drugs under CVC…Read More
I was arrested for a DUI and I live in another state and I do not have the time to come back and forth for the court hearings. What can I do?
If you retain a DUI law firm to represent you then they can appear at your arraignment and you will not have to appear. They can likely appear at all of the court hearings for you and resolve your case without your need to ever appear. However, there is always a small chance your case could go to jury trial and if a jury trial was necessary that would be…Read More
The police think I committed a robbery and want me to take a polygraph test at the police station. Should I do that?
ABSOLUTELY NOT. The worst thing you could ever do when being accused of a crime is voluntarily show up at the police department and speak to anyone. You should never, ever, ever speak to law enforcement if you are being suspected of a crime. Worse yet, you should never agree to take a polygraph at any police station. The police officers who work the polygraph machines are trained to obtain…Read More
If I am on probation for a felony will I have a probation officer? If I violate my probation can he put me back in jail without bail?
In most cases the answer is YES, if you are on probation for a felony conviction you will have a probation officer. If you violate probation that means the probation officer can arrest you without a warrant and put you back in custody. Normally you will have no bail until the judge decides what your punishment will be for violating your probation. However, you have a right to a criminal…Read More
Your son is either facing first or second degree burglary charges. If he is alleged to have entered a residence with the intent to commit a crime in the home, he is facing the most serious type of crime, a “strike offense”. He is facing up to six years in prison and if he is found guilty and sentenced to prison he must do 85% of his time and then…Read More
If I need a lawyer to represent me in a criminal case can I make payments so I can get a good lawyer?
Most criminal defense attorneys require all of the retainer fees “up front” before they will begin work on your case. In most cases Wallin and Klarich will accept a down payment and upon approved credit will allow you to make payments to our law firm over a four to six month period without charging you interest. When you call be prepared to tell us how much you can pay as…Read More
YES. It is a misdemeanor to provide false information to a police officer. If you are convicted you can face a jail sentence and a fine. It is your lawful right to refuse to answer questions the police ask of you. However, once you choose to answer a police officers questions you are required to provide truthful answers. If the statements you made falsely lead to a person being wrongfully…Read More
Can I be successfully prosecuted for a DUI (CVC23152a) if when the cops arrived on the scene I was out of my car and the engine was not running?
The answer is it is possible that you could be found guilty of a DUI under these circumstances depending upon many other factors. If for example, the police have the following evidence: l. They find your car on the side of the road 30 miles from the nearest town. 2. You are the only person near the vehicle. 3. You have a strong odor of alcohol on your breath 4.…Read More