Legal Question in Criminal Law in California

Call me and I can refer you to a law firm that knows that court and specializes in helping teachers. You can call me at 661-2671313.. David Wallin

If you are facing criminal charges, the only good advice you will receive is to hire an attorney to help you. You have stated a series of facts that can be argued in your favor.

When are arrested and charged with a crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a decent outcome or plea bargain for you. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.

One of the biggest misconceptions that Americans have is that the police have to read you your rights to validate an arrest. This comes from decades of televisions programs, ranging from Hawaii Five-O to my old favorite "Adam 12." These are called the "Miranda" warnings.

Miranda warnings are only required to be given prior to custodial interrogation. They are not a prerequisite to arrest, and they do not invalidate an arrest. If the police arrest you, book you, and put you in a cell, and never interview you while you are in custody, they don't have to read you your Miranda rights. With that said, it is dumb for anyone to volunteer information to the police, without speaking to an attorney. A failure to give a Miranda warning prior to custodial interrogation would only subject that testimony, and any evidence obtained from information gained during that testimony, to be suppressed if a defendant filed a motion to suppress. (Of course, that also assumes that the court grants the motion.)

You are going to need to speak to an attorney. If you cannot afford an attorney, you need to ask the court to appoint the public defender to represent you. You should have been advised of this during your arraignment.

Do you realize this website is open to the public? Anyone in the world can read it... and some prosecutors and cops do.

There is an option for lawyers to delete questions that contain personal information, but, unfortunately, it's too late because some people have already replied.

If you came into my office for a private consultation, the first thing I would tell you is to contact Lawguru customer service and ask them to remove your question and all of the answers.

Then, don't talk to ANYONE about this case but your lawyer! If you can't afford to hire your own lawyer, the judge will appoint a public defender when you go to court.