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?
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 MoreOur son has just been arrested for burglary. He has no prior record. What punishment is he facing?
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 MoreIf 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 MoreIf I gave a false statement to a police officer can I be prosecuted?
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 MoreCan 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 MoreThe police asked me a bunch of questions and they never read my “Miranda rights”. Can what I told the police be used against me in court?
The answer is very likely YES. The police are not required to read you your Miranda rights unless you are in “police custody”. This normally means you have been identified as a suspect and you are not free to go. When you are stopped by a police officer who smells alcohol on your breath the law allows the officer to ask you how much you had to drink and to…
Read MoreMy husband has had 3 different public defenders in 4 court appearances. I’m afraid he isn’t getting an adequate defense. What can I do?
Unfortunately, we hear stories like this just about every day from family members of persons accused of crimes that can send them to prison. Due to present economic conditions the volume of cases that most public defenders are required to handle is extremely high. This does not give the public defender as much time has they would like to properly represent their clients in many cases. When your husband is…
Read MoreHow long do you have to appeal after you are sentenced for a crime?
If you were convicted of a felony you have 60 days from the date of your sentencing to retain a lawyer to file a notice of appeal. If you were convicted of a misdemeanor you have 30 days from the date you were sentenced to file a notice of appeal. IF you fail to file by the deadline you have waived your right to appeal. The notice of appeal is…
Read MoreCan police question my 16-year-old son during an investigation without notifying me first?
Unfortunately the answer is yes. The law in California is that the police do not have to get the parents permission to speak to a minor about an alleged crime. The police can speak to the minor without his parents being present. Hopefully some day this law will change.
Read MoreIs it possible to be charged with a DUI for smoking marijuana?
Yes, you can get a DUI for smoking marijuana. Driving under the influence of a controlled substance is typically punishable as a misdemeanor. It is usually difficult for the prosecution to prove that you were under the influence of a controlled substance, since a breathalyzer test will not detect if you are under the influence of drugs. Therefore, it is near impossible for a prosecutor to determine how much drugs…
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