What should I do if the police want to talk to me?
You have the right to remain silent and the right to a lawyer, and you can say both out loud. You are not required to answer questions about where you were or what happened, and declining politely is not an admission of anything. Ask whether you are free to leave. If you are being detained, say that you want a lawyer and stop answering questions.
Will a criminal case affect my immigration status?
It can, and the risk is often decided by details that look minor in criminal court. The specific code section, the length of the sentence, and the exact wording of a plea can each change whether a conviction carries immigration consequences. The law requires defense counsel to advise a non-citizen client about those consequences. That analysis belongs before a plea is entered, not after.
What is the difference between a misdemeanor and a felony in California?
The main differences are the maximum punishment and how the case proceeds. Misdemeanors carry up to a year in county jail, while felonies can carry state prison. Some California offenses are wobblers, meaning the prosecutor can charge them either way and a judge can later reduce a felony to a misdemeanor. That reduction can matter a great deal for immigration and employment.
Can an old conviction be cleared or undone?
California offers several forms of post-conviction relief, and which one fits depends on what you need it for. Expungement-type relief under Penal Code section 1203.4 helps with some employment questions but does not erase a conviction for immigration purposes. A motion under Penal Code section 1473.7 is different: it allows someone no longer in criminal custody to vacate a conviction that was legally invalid because they did not meaningfully understand its immigration consequences.
What happens at an arraignment?
The arraignment is the first court appearance. You are told what you are charged with, you enter a plea, and the judge addresses custody status along with bail or release conditions. It is usually short. It is also the point where decisions start being made that shape the rest of the case, which is why representation matters more than the length of the hearing suggests.
Do I have to take a chemical test if I am stopped for DUI?
In California, driving is treated as implied consent to chemical testing of blood or breath once you are lawfully arrested for DUI. Refusing that test after arrest carries license consequences separate from the criminal case. Field sobriety tests before an arrest are different and are generally voluntary. The rules differ for drivers under 21 and for drivers already on DUI probation.
Can charges be dismissed before trial?
Sometimes. California procedure allows several pretrial challenges, including a motion to suppress evidence obtained through an unlawful search or stop, a challenge to the sufficiency of the evidence at the preliminary hearing stage, and challenges to how the case was charged. Whether any of them apply depends entirely on the facts and the record. No outcome can be predicted in advance.