Can criminal charges be refiled if the judge dismisses them?
Can criminal charges be refiled if the judge dismisses them?
It depends upon the nature of the charges. If the judge dismisses felony charges at the conclusion of the preliminary hearing, the District Attorney can file the charges one more time and attempt to convince another judge there is enough evidence to have you stand trial. If the judge dismisses misdemeanor charges then they normally cannot be refilled by the district attorney at a later date. However, there are some…
Read MoreIf my loved one is in jail why should I speak to a criminal defense lawyer in Riverside before deciding whether to bail him out?
You always should speak to an experienced criminal defense lawyer before making a decision as to whether to bail someone out of jail. In most cases the family of the accused will speak to a bail bondsman to attempt to have their loved one bailed out of jail. However, a bail bondsman must charge a fee of 10% of the face value of the bond in order to bail someone out…
Read MoreWhat will happen to me if I fail to appear in court on my court date for my grand theft case in San Bernardino?
If you failed to appear in court on your scheduled court date the judge likely issued a bench warrant for your arrest. The judge would have set a bail amount when he ordered the warrant issued. What this means is that you are now subject to being arrested by any law enforcement agency for any reason. Often the police will go to your home or place of work to arrest…
Read MoreIf I am arrested am I entitled to obtain a copy of my police report the day after I am arrested?
NO. The law provides that law enforcement does not have a legal obligation to provide you with a copy of your police report until you are formally charged with a crime. This means that after your arraignment your police report is provided to your lawyer. Your lawyer can then review the police report with you line by line and you can explain to your criminal defense lawyer what is accurate…
Read MoreI 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 MoreWhat 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 MoreI 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 MoreI 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 MoreThe 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 MoreIf 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…
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