Legal Question in DUI Law in California

I was caught with an Alcoholic beverage in my hand and i was taken into custody and interrogated, at the police station which was in walking distance from the event i was at, so i did not get handcuffed and they just walked me there.The same happened to my friend except he got caught for having an i.d. of someone else. This is the first time this has ever happened to me in terms of getting in trouble with the law, and another things is that my Miranda rights were never said to me or my friend. We had a court date and we went to it but they had not filed the charges so we thought we were free and jsut wanted to teach us a lesson. Yesterday my friend got in the mail, a courts summons for his offense, so

I am guessing I might be getting one also soon. I live in the state of California. What could happen to me if i do get summoned, and also what can i fight since the Miranda rights were never said to me? Also I've heard of Expungement, what is that?

Thank You


Asked on 2/15/10, 8:45 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you ever go to court and your case is not there, get a note from the court clerk that says you were there that day. Expungement is for people who get convicted. Don't get convicted.

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Answered on 2/20/10, 10:47 pm
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

Possession of open container of alcohol is IMPOSSIBLE to prove in court. The prosecution would have to prove WHAT was in the can, and since the police always throw it out, they cant say it was alcohol in the can. If charges are filed, get a good lawyer and the case can not be won against you.

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Answered on 2/21/10, 10:43 am
Terry A. Nelson Nelson & Lawless

You've been charged with a crime, and most people would consider hiring an attorney to handle the defense properly. He will be able to use whatever facts and issues you have to file any appropriate motions and to negotiate a plea bargain or prepare for trial. IF your rights were violated, then he can file evidence suppression or other motions. If this is in SoCal, and if you're serious about getting counsel, feel free to contact me.

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Answered on 2/22/10, 11:09 am


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