Frequently Asked Questions

Remain calm and avoid discussing the facts of your case with law enforcement until you have spoken with an attorney. You have the right to remain silent and the right to an attorney. What you say after an arrest can potentially be used as evidence, so contacting a criminal defense lawyer as early as possible can be very important.

Be cautious about giving a statement without first speaking with an attorney. Even when you believe an explanation will clear things up, statements may be misunderstood, taken out of context, or used during an investigation. You may politely exercise your right to remain silent and request an attorney.

Both are criminal offenses, but felonies generally carry more serious potential penalties than misdemeanors. Depending on the charge and circumstances, consequences may include jail or prison, probation, fines, court-ordered programs, and other restrictions. Some California offenses may be charged as either a misdemeanor or felony depending on the facts and criminal history involved.

No. An arrest is not a conviction. The prosecution must decide whether charges will be filed and must prove the allegations according to the applicable legal standard. Depending on the circumstances, a defense attorney may challenge evidence, police procedures, witness testimony, searches, statements, or other aspects of the case.

An arraignment is generally one of the first formal court appearances after criminal charges have been filed. The charges are presented, a plea is entered, and the court may address bail, release conditions, protective orders, and future court dates.

That depends on the type of case, the particular hearing, and the court's requirements. In some misdemeanor matters, an attorney may be able to appear without the client being physically present. Other proceedings may require your attendance. Your attorney can explain when you need to appear.

Sometimes. Whether dismissal is possible depends on the facts, available evidence, constitutional issues, witnesses, police conduct, and other circumstances. In some cases charges may be reduced, dismissed, or resolved through another disposition. No attorney can ethically guarantee a particular outcome.

Do not ignore it. Depending on the circumstances, an attorney may be able to determine why the warrant was issued and help develop a strategy for addressing it. Warrants may involve a new case, a missed court appearance, or an alleged probation violation.

Missing court may lead to a bench warrant or other consequences. Contact an attorney promptly. Available options depend on why the appearance was missed, the underlying charge, and the current status of the case.

Yes. An attorney can communicate with an incarcerated client, review pending charges, appear in court, address bail or release issues when appropriate, and begin developing a defense.

There is no single timeline. Some matters resolve relatively quickly, while serious or contested cases may take months or longer. The amount of evidence, number of charges, negotiations, motions, witnesses, expert issues, and whether the case moves toward trial may all affect the timeline.

A California DUI may involve both a criminal court case and a separate driver's license matter through the DMV. Because important deadlines may begin immediately, contacting a DUI attorney promptly is recommended.

Yes. The DMV administrative process involving your driving privilege is separate from the criminal case handled through the court. A result in one proceeding does not necessarily determine the result in the other.

California DUI cases can involve a short deadline for requesting a DMV administrative hearing. Contact an attorney promptly after an arrest so the applicable deadline can be reviewed based on the documents you received and the circumstances of your case. Do not rely on a general deadline posted online — have your specific paperwork reviewed.

Not necessarily. The outcome depends on the circumstances of the arrest, prior DUI history, chemical-test issues, DMV proceedings, and the criminal case. Depending on the situation, restricted driving privileges or ignition interlock requirements may also be relevant.

Potentially. Breath-testing evidence may involve questions regarding calibration, maintenance, administration of the test, officer procedures, timing, physiological factors, or other issues. Each case must be evaluated individually.

Potentially. Issues may include how a blood sample was obtained, handled, stored, tested, and documented, and whether required procedures were followed. The circumstances vary from case to case.

An alleged chemical-test refusal may create additional DMV and criminal consequences. Refusal cases can involve questions about what advisements were provided, what occurred during the testing process, and whether the circumstances legally qualify as a refusal.

Yes. A first DUI can still be challenged and should be taken seriously. Potential issues may involve the traffic stop, officer observations, field sobriety exercises, chemical testing, video evidence, and other facts.

Prior DUI convictions can significantly affect a new case. The dates and nature of prior matters are important. An attorney should review your complete record before determining what consequences may apply.

Sometimes. Depending on the evidence, legal issues, negotiations, and circumstances, prosecutors may agree to a reduced charge. Whether that is possible depends entirely on the individual case.

Juvenile cases are generally handled differently from adult criminal cases. California's juvenile justice system places significant emphasis on rehabilitation, although serious allegations can still carry substantial consequences.

Legal representation can be very important. A juvenile case may affect school, probation, placement, future opportunities, and the young person's record. An attorney can help the family understand the process and advocate for the child's interests.

Certain juvenile records may qualify for sealing under California law. Eligibility depends on the offense, outcome of the case, age, and other circumstances. Some records may also qualify for automatic sealing under applicable law.

It can. Depending on the allegations, a student may face school discipline in addition to juvenile court proceedings. These are separate processes and may need to be addressed independently.

California law permits adult prosecution in limited circumstances involving certain serious allegations and eligible minors. These matters involve specialized rules and should be discussed immediately with an attorney experienced in juvenile defense.

It may be, particularly when a citation could result in DMV points, insurance consequences, license issues, employment problems, or concerns involving a commercial driver's license.

Yes. Depending on the circumstances, an attorney may examine the officer's observations, speed-measuring method, signage, roadway conditions, procedural issues, and other evidence.

Driving with a suspended license may be more serious than an ordinary traffic citation and can result in criminal charges. The reason for the suspension and whether the prosecution can establish required elements may be important issues.

Yes. A missed appearance may result in additional court issues or a bench warrant. An attorney can review the matter and determine appropriate steps to address it.

The firm handles traffic matters involving commercial drivers. Because a conviction may affect a CDL and a person's livelihood, commercial driving matters should be evaluated carefully.

California provides several forms of criminal record relief. What is commonly called an "expungement" may involve dismissal of an eligible conviction or another type of record-clearing relief. Eligibility depends on the particular case.

Generally, no. California record-clearing relief can provide meaningful benefits, but certain government agencies, employers, courts, or licensing authorities may still have access to information about the case depending on the circumstances.

California law provides options for sealing certain arrest records when an arrest did not result in a conviction. Eligibility depends on the circumstances of the case.

Some felony convictions may qualify for reduction depending on the offense, how it was charged, the sentence imposed, and other legal requirements. An attorney can review the conviction to determine whether relief may be available.

Eligibility can depend on the original offense, sentence, probation status, completion of court requirements, subsequent criminal history, and current California law. The firm can review your record and discuss available options.

As early as possible. Early involvement may provide additional time to preserve evidence, investigate witnesses, review reports, address deadlines, communicate with prosecutors when appropriate, and prepare a defense strategy.

No. If you believe you are under investigation, have been contacted by law enforcement, received a citation, or believe charges may be filed, you may speak with an attorney before your first court appearance.

Communications with an attorney regarding potential legal representation are generally confidential. Visitors should feel comfortable discussing their situation so the attorney can evaluate the matter.

Bring any documents you have relating to the matter, including citations, release paperwork, bail information, court documents, DMV paperwork, police-related documents, or notices showing upcoming court dates. Visitors should still contact the firm even if they do not yet have every document.

Attorney fees vary based on the seriousness of the charge, complexity of the case, anticipated court appearances, investigation required, and whether the matter proceeds toward trial. The firm can discuss fees after learning more about the case.

During your consultation, the firm will explain who will be responsible for your case, how your matter will be handled, and what communication you can expect throughout the representation.

The Boggs Law Firm serves clients throughout Tulare County, Kings County, and surrounding Central Valley communities, including Tulare, Visalia, Hanford, Porterville, and nearby areas.

Call or text The Boggs Law Firm to request a confidential consultation. Be prepared to briefly explain what happened, any upcoming court or DMV dates, and whether the person involved is currently in custody.