Category Archives: FAQ

I was arrested for DUI. Why are there two charges against me?

In California, driving under the influence (DUI or “drunk driving”) is covered in two ways under two different laws. The general section for DUI is 23152(a) of the Vehicle Code. It makes it illegal to drive under the influence of alcohol or drugs at any level. The second charge is 23152(b) – driving with a […]

What are the benefits to getting a conviction off my record?

By filing a formal motion with the court, you can seek to have a conviction taken off your record in a process known as expungement. The procedure depends on whether the conviction was for a misdemeanor or a felony, the punishment imposed and your age at the time of the conviction. By expunging your conviction, […]

What if the victim wants to drop charges? Will I still be prosecuted?

Only the prosecution can file charges and only the prosecution can drop or dismiss charges. They may take into account the victim’s wishes not to “press charges,” but it is their decision. Your attorney may be able to convince the prosecution to drop charges (or to not file them in the first place) by presenting […]

What is “statutory rape”?

The age of legal consent for sexual intercourse in California is 18 years old. The crime of “statutory rape” (more correctly called “unlawful sexual intercourse” today) is sexual intercourse with a person under the age of 18. Even if the “victim” was a willing, consenting partner, if they are under 18, it is still a […]

I was arrested for possession of drugs. What are my options?

California law provides several options for possession of drug offenses, but the outcome depends on several factors. First-time offenders may be eligible for a drug diversion program that will allow you to attend counseling and ultimately get the charges wiped from your record. That option may not be available if you have a prior record […]