Experienced Murrieta, CA Criminal Defense Attorney

A: If you are arrested, it is important to remain calm and assert your right to remain silent. Under the Fifth Amendment of the US Constitution, not only do you have a right to remain silent, you absolutely should. Many think that the arresting officer will go “light” on you if you assist with a statement, while in fact, the opposite is true. The arresting officer is only interested in getting incriminating statements from you that are inconsistent with his truth, or alternatively, the information he believes to be true. Upon ANY questioning, ask if you are free to leave. If told you are free to leave, then leave immediately. Any answer other than “you are free to leave” MUST be met with “I am making no statements, and I want an attorney.”

Once arrested, the next step is to decide whether to post bail or to fight the case from custody.

A: In California, crimes are categorized as either misdemeanors or felonies. Misdemeanors are less serious offenses, punishable by up to one year in county jail, fines, probation, or community service. Common misdemeanors include petty theft and simple assault. Felonies are more serious crimes that can result in state prison sentences, larger fines, and longer probation periods. Examples of felonies include burglary, drug trafficking, and murder. The consequences of a felony conviction are more severe and can include longer imprisonment and lasting impacts on your civil rights.

A: When you’re arrested for DUI in California, the officer usually takes your license and gives you a pink temporary license that’s only good for 30 days. Unless you take action within ten days of your arrest, your license will automatically be suspended after that thirty-day period. What many people don’t realize is that you’re facing two separate proceedings: the criminal court case and the DMV’s administrative process. You have just ten days from the date of arrest to request a DMV hearing, which is your only chance to fight the administrative suspension.

The length of the suspension depends on your record. For a first offense, a license suspension will either be four months, 30 days, or no suspension at all. With repeat offenses, the suspension is much longer. 

Regardless of whether it’s a first or a subsequent offense, if you refuse to take an evidentiary breath or blood alcohol test, the DMV can impose a one-year license suspension.  

If you’re later convicted in court, the DMV will impose an additional suspension. Although this is a new suspension, you can go to the DMV and get a restricted license immediately. The key takeaway is that you must act quickly to protect your driving privilege and explore every option for keeping yourself on the road. Read more about DUI criminal charges and penalties here.

A: In California, you have the right to be free from unreasonable searches and seizures under the Fourth Amendment. If the police want to search you, your home, or your vehicle, they typically need a warrant. There are exceptions to this rule and believe me, law enforcement will exploit the same. The most widely used exception is consent to the search. Often times, law enforcement will simply ask for permission to search. It is important to exercise your right to say NO without equivocation. Most people will submit to the authority of law enforcement and agree to the search. DO NOT AGREE. Read about your rights during an arrest here.

A: A misdemeanor can carry up to a year in county jail and fines of up to $1,000. In practice, especially for first-time offenders, judges often impose probation instead of jail, with conditions like community service, counseling, restitution, or educational programs. A conviction will also appear on your criminal record and can affect employment, housing, or licensing.

However, many misdemeanors can later be cleared through expungement. Another possible outcome is diversion, and there are three main categories: 1) misdemeanor judicial diversion, 2) military diversion, 3) mental health diversion. If you successfully complete a diversion program, the case is dismissed and deemed never to have happened. The best path forward depends on the type of offense, your prior record, and whether alternative sentencing or diversion applies to your situation. Read more on our Felony Vs. Misdemeanor page.