"Miranda rights" do not always have to be given to an individual. These rights generally include the right to remain silent, not incriminate yourself, right to an attorney and anything you say may be used against you. They must be given only if you are in...
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What happens with a petty theft cite at Carlsbad Walmart?
If you are stopped for petty theft by store security at the Carlsbad Walmart, loss prevention or store security will escort you to the office. They will seize the property they believe is stolen and try to get you to admit or explain what you have done....
Is a DUI with an accident a felony?
A DUI with an accident is a felony only if another person is injured. A property damage only accident with a DUI is a misdemeanor in Oceanside, Carlsbad, Escondido, Vista and everywhere in California. However, an accident is an aggravating factor even on a...
Is an Out of State DUI Program Allowed for my California DUI?
You can attend a DMV program out of state for a California criminal DUI conviction, however, it will not fulfill the California DMV program requirement for keeping your California driver's license and it will not make your out of state license valid in California. ...
Does a DUI Arrest require me to stay in California for Court?
A misdemeanor DUI does NOT require you remain in California for Court. California Law allows an attorney to make your appearances in Court on your behalf for misdemeanors without you. The retained attorney can also set up and handle any DMV Hearing....
Can a Burglary be Charged with a Shoplifting?
A burglary can be charged with a shoplifting even if the value of the theft is $950 or less and is only a petty theft. Burglary refers to the "mental intent" when you entered the store, not the value of the property taken. Burglary requires "entering" the...
Driving on a Suspended License for DUI is Serious in Vista Court
Driving on a suspensed license for DUI can have serious consequences in Vista Courts. There are several reasons a divers's license can be suspended in California and each has slightly different consequences with the most serious resulting from driving...
Is it a Probation Violation to File Proof of MADD Class Late?
It is a probation violation to file proof of MADD class with the Court late results in a warrant for your arrest and a violation of probation. Whether it is MADD class, Anger Managment, volunteer work, restitution or anything the Court gave you a deadline...
Drug DUI Offenses are not eligible for Diversion in North County
Drug DUI offenses are not eligible for Diversion also known as PC 1000. The law excludes these offenses for treatment in lieu of prosecution in North County and all of California. Drug DUIs are treated similarly to alcohol DUIs with probation, fines,...
Is Treatment in Drug Cases in Vista Courts Available?
Treatment in Drug cases in Vista Courts may be available as an alternative to prosecution under certain circumstances, or included in the sentencing for drug charges. There are several ways to handle a drug case which depend on a number of factors like the...
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