What is the Difference Between Felony vs Misdemeanor
Two words decide more about a criminal case than almost anything else: felony and misdemeanor. In California the difference is not about how bad the act sounds. It is about where the sentence can be served, and for a large group of crimes, it is a choice the prosecutor and the judge make rather than […]
How Many Years in Jail for Drug Possession?
For most people arrested in California with drugs for their own use, the answer to how many years in jail for drug possession is: none, or less than one. Simple possession is a misdemeanor with a maximum of one year in county jail, and most first cases end in diversion, treatment, or probation instead. The […]
Miranda Rights: What They Are and When They Apply
Miranda rights are the warnings police must give you before questioning you while you are in custody. They come from the Fifth Amendment, which protects you against self-incrimination, meaning you cannot be forced to testify against yourself. The four things police must tell you are: you have the right to remain silent, anything you say […]
First Offense DUI in California: What Happens Next, Step by Step
A first-offense DUI in California with no injury is a misdemeanor. You will not go to prison. You will probably not go to jail. You will lose your license for a while, pay a fine that grows several times over with fees, sit through a three-month class, and spend three years on probation. The part […]
Prop 47 California: What It Changed and Still Means
Proposition 47 is a California ballot measure, passed by voters in November 2014, that reduced certain low-level, nonviolent theft and drug possession crimes from felonies to misdemeanors. It is still the law today, but a newer measure, Proposition 36, added exceptions for repeat offenders starting in December 2024. Whether Prop 47 still helps in a […]
Can Petty Theft Charges Be Dropped? Ask an Attorney
Yes. Petty theft charges can be dropped in California, and in Kern County they often are. But not because the store or the owner changes their mind. The prosecutor decides, and the prosecutor needs a reason. There are four that work with any regularity: the evidence falls apart, the owner is paid back and agrees […]
Juvenile Miranda Rights in California: What Changes
Yes, Miranda rights apply to minors the same way they apply to adults. But California law gives minors an extra layer of protection on top of that. Under California Welfare and Institutions Code 625.6, any minor who is 17 or younger must consult with a lawyer before they can waive their Miranda rights or be […]
How Much Does It Cost to Get Your Record Expunged in California?
The cost to clear your record in California ranges from $0 to a few thousand dollars, depending on how you go about it. If you qualify for a fee waiver, free legal aid, or California’s automatic relief program, it can cost nothing. If you file the paperwork yourself, expect to pay only the court’s filing […]
Are DUI Checkpoints Legal? What Drivers Need to Know
Yes, DUI checkpoints are legal in most of the United States, including California, as long as police follow specific rules set by the courts. The U.S. Supreme Court upheld them in 1990. That said, 12 states ban them under their own state laws, and even where they are legal, a checkpoint that skips the required […]