Criminal Defense FAQs
Being charged with a crime can have serious consequences for your life and career. In fact, depending on the crime, you may face prison time and fines, as well as the loss of a professional license and greater challenges in obtaining certain jobs. If you have been charged with a crime, you need to seek the help of a San Diego criminal defense lawyer. With nearly 30 years of experience, Roseline D. Feral can protect your rights and answer your questions. Here are general answers to some of the questions that people often ask, although we encourage you to discuss your specific situation with an attorney.If I am Pulled Over for Drunk Driving, can I Refuse to Take a Chemical Test?
Refusing to take a chemical test in California will result in an automatic one-year suspension of your license and may also result in a jail sentence. This is because California has an implied consent law, under which it is implied that driver’s license holders have given their consent to submit to a chemical test to measure their blood alcohol content upon being arrested under suspicion of a DUI.Can I be Arrested Without a Warrant?
While a warrant is often required to make an arrest, in certain situations, you may be arrested without a warrant. For example, if a police officer sees you committing an assault, that officer would be able to arrest you immediately. If you are arrested, however, you should not speak to the police. Instead, you should ask to speak with a lawyer.Are Police Required to Read me my Miranda Rights if I am Arrested?
You have certain constitutional rights that police and law enforcement must honor. However, police are not legally required to “read your rights” at the time of an arrest. The rule is that Miranda warnings are required if you are being questioned in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters but also applies to situations in which a reasonable person would conclude that they were not free to leave. If police neglect to read you your Miranda rights, any evidence obtained in contravention of your rights cannot be used against you in court.If Police Want to Search my House or car, am I Required to let Them do so?
Under the Fourth Amendment of the U.S. Constitution, as well as California law, citizens have the right to be free from unreasonable searches and seizures by the police. Although there are some exceptions, this means that police usually cannot search an individual’s house, car, or person without probable cause or a valid search warrant. If police search any of these places illegally, the evidence that they took during the search, such as evidence of drugs, will most likely be excluded from trial.What is the Role of the Prosecutor in a Criminal Case?
The prosecutor is the attorney who represents the federal or state government in a case against a criminal defendant. Typically, the prosecution pursues charges only if they believe that they have enough evidence to back them up. As a result, if your attorney can convince the prosecutor that there is not enough evidence in a particular case, the case will be dropped or another, lesser charge might be considered.What Does it Mean to be “Innocent Until Proven Guilty?”
The presumption of innocence is a cornerstone of the American legal system. In all criminal cases, a defendant is presumed to be innocent until and unless the prosecution proves every element of the crime beyond a reasonable doubt. The “reasonable doubt” standard is the highest standard in the legal system. It is used in criminal cases because the stakes are so high with a person’s liberty being at issue.Discuss Your Questions and Concerns in Detail With a San Diego Lawyer
If you have been arrested for or charged with a crime, a knowledgeable defense attorney can help you understand your rights. We understand that you may not know what to do after being charged with a crime, but you do not need to go through the process alone. You can rest assured that we will work diligently to obtain a favorable outcome in your case. We represent people in San Diego, Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other Southern California cities. For more information, call us at 619-232-1010, contact us through our website, or reach Attorney Feral at 619-301-1191.