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California legal resource library

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Browse focused answers to California criminal-defense questions.

A practical starting point

California legal information. A practical starting point.

Explore California law, court procedures, evidence questions, and next steps. These resources provide general information, not advice for an individual case.

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Results match the subjects of these general-information resources. They are not advice about your case.

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Sex offense defense

Can a delayed sex crime report be tested against a timeline?

A delayed report calls for careful chronology, not assumptions about credibility. Learn which dated records can test an allegation.

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Violent & serious felonies

Can a Partial Video Prove an Assault Charge in California?

A partial assault video may leave key facts outside the frame. Learn what to preserve and how California completeness and authentication rules differ.

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Theft & fraud

Can a theft become robbery if force is used after the taking?

Force used while carrying away property can change a theft accusation into robbery. Learn why timing, intent, pursuit, and temporary safety matter.

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DUI & driving

Can DMV suspend my license if my DUI charges are dropped or never filed?

Whether a California DMV DUI suspension survives dropped or unfiled charges, plus the acquittal and one-year renewed-hearing rules for insufficient evidence.

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Drug charges & diversion

Can I be charged if drugs are found in a shared car in California?

Drugs Found in a Shared Car: What Evidence Matters in California?. Understand the evidence, limits, and practical records to review in California.

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Theft & fraud

Can I be charged with burglary if I had permission to enter?

Being invited or allowed inside usually does not stop a California burglary charge. See when consent defeats the charge and when it does not.

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DUI & driving

Can I be charged with DUI if nobody saw me driving?

California DUI charges do not require an eyewitness. Learn how arrest rules, circumstantial evidence, and statements affect an unwitnessed-driving case.

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DUI & driving

Can I get a DUI in a private parking lot or on a private driveway in California?

Yes. California's DUI law applies off public roads: Vehicle Code 23100 and 23152 reach parking lots, private driveways, gated communities, and golf carts.

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DUI & driving

Can I get a DUI with a blood alcohol level under 0.08 in California?

A test under 0.08 percent does not automatically end a California DUI case. See which statutes still apply, including for underage and commercial drivers.

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Domestic violence & protective orders

Can I get diversion for a domestic violence charge in California?

PC 1001.95 bars misdemeanor diversion for domestic violence. When mental health or military diversion can still apply, and the PC 1203.097 probation terms.

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Drug charges & diversion

Can I get drug diversion with another criminal case pending?

A pending case is not one of PC 1000's four diversion eligibility conditions, but it can affect the judge's decision and a later conviction can end diversion.

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Criminal procedure & trial evidence

Can I testify at my California criminal trial if my lawyer advises against it?

Learn who decides whether a California criminal defendant testifies, how to raise disagreement with counsel, and why the choice requires case-specific advice.

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Criminal procedure & trial evidence

Can I withdraw my California guilty plea before sentencing?

Penal Code 1018 allows a timely request to withdraw a guilty plea for good cause. Learn the timing, evidence and limits before assuming the plea can be undone.

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Theft & fraud

Can multiple purchases or takings be combined into one theft charge?

California allows separate thefts to be combined into one charge in more than one way, but that can mean more exposure, not less. See how it actually works.

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Drug charges & diversion

Can my defense have a seized drug sample independently tested?

A retained drug sample may be examined through a case-specific defense request. Learn how disclosure, court orders, sample size, and preservation affect testing.

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DUI & driving

Can police draw my blood without a warrant after a DUI arrest?

Whether California police need a warrant to draw your blood after a DUI arrest, and the exceptions courts actually allow.

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Criminal procedure & trial evidence

Can prosecutors add a felony charge after the preliminary hearing?

A California information can include an offense shown by preliminary-hearing evidence even if absent from the holding order, within important limits.

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Criminal procedure & trial evidence

Can prosecutors refile after my California criminal case was dismissed twice?

A second dismissal may bar refiling, but the result depends on the charges, dismissal grounds and statutory exceptions. Learn which court records to check.

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Appeals & criminal records

Can unpaid restitution block a California conviction dismissal?

Penal Code 1203.4 bars denial of that dismissal relief solely for unpaid restitution. The debt survives; other relief paths require separate review.

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Theft & fraud

Does an injury during a robbery prove a great bodily injury enhancement?

An injury during a robbery does not alone establish a great bodily injury enhancement. Learn the personal-infliction and substantial-injury questions.

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DUI & driving

Does requesting a DMV hearing stop my license suspension?

A DMV hearing request does not by itself stay a California DUI suspension. Learn the Vehicle Code 13558 timing rule that protects a timely request.

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Domestic violence & protective orders

Does the restraining order against me end if my criminal case is dismissed?

A pretrial criminal protective order generally loses its basis when the whole case is dismissed; separate civil or postconviction orders may continue.

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Criminal procedure & trial evidence

How can I confirm that my California probation has ended?

Check the sentencing order, later changes, and court docket to confirm a probation end date. Completion records help resolve missing or disputed conditions.

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Criminal procedure & trial evidence

How do I ask to change a California criminal court date?

A criminal court date changes only if the court allows it. Identify the hearing, reason, notice requirements and proof before requesting a continuance.

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Sex offense defense

How does a workplace investigation affect a sex crime case?

An HR investigation can create records and decisions while a criminal allegation is pending. Learn what to preserve and discuss with counsel.

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Violent & serious felonies

How is self-defense different from mutual combat in an assault case?

California treats agreed fighting and a defensive response differently. See which facts show consent, withdrawal, escalation, and reasonable force.

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Theft & fraud

How is the value of stolen property calculated in California?

California measures stolen property by reasonable and fair market value, not sticker price. See the legal test, exceptions, and evidence that can shift it.

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DUI & driving

Is an ignition interlock device required after a first DUI in California?

An interlock is not automatic after a simple first California DUI. See when Vehicle Code 23575.3 makes it one of three routes or a mandatory 12 to 48 months.

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Violent & serious felonies

Is bail possible when a California charge carries a life sentence?

A possible life sentence does not itself decide pretrial bail. Capital-charge rules, evidence and safety findings, and individual finances all matter.

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Theft & fraud

Is it theft to keep money sent to you by mistake or property you found?

Keeping found property can be theft in California unless you try to return it. Money sent by mistake is less settled, but civil law says give it back.

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Sex offense defense

Should I give a voluntary DNA sample in a sex crime investigation?

A request for a voluntary DNA sample differs from mandatory felony-arrest collection. Learn what counsel should check before a decision.

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Criminal procedure & trial evidence

Should I let police search my phone without a warrant?

A request to search phone data raises a consent decision. Learn what authority to ask about and why a seized phone is different from its contents.

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Appeals & criminal records

What if a background check lists my dismissed charge as a conviction?

Compare the screening report with the actual court disposition, then dispute a false conviction entry with the reporting company and preserve the response.

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Criminal procedure & trial evidence

What if a prosecution witness misses my California preliminary hearing?

A missing witness at a felony preliminary hearing can lead to a continuance request or a hearing on other admissible proof. It does not automatically dismiss the case.

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Criminal procedure & trial evidence

What if an arrest warrant uses my name for someone else’s case?

If a warrant appears tied to someone else’s case, verify identifiers and get legal help promptly. Identity theft has a specific California court process.

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DUI & driving

What if body camera video contradicts my DUI police report?

A body camera or dashcam conflict with your DUI report does not decide the case alone. See how California law weighs the contradiction.

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DUI & driving

What if I missed the 10-day deadline to request a DMV hearing?

Missing the 10-day DMV hearing deadline forfeits a live hearing, but not every check on the report or your separate criminal case.

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Appeals & criminal records

What if my lawyer never told me about a plea offer before it expired?

A missed plea offer may raise an ineffective-counsel claim. Identify the exact offer, deadline, later outcome and evidence it likely would have been accepted.

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DUI & driving

What is a dry reckless or exhibition of speed plea in a DUI case?

Dry reckless and exhibition of speed DUI pleas in California: their penalties, when exhibition of speed can be an infraction, and why neither is a DUI prior.

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Drug charges & diversion

What is the difference between a field drug test and a lab test in California?

Field Drug Test vs. Lab Analysis in California: What Each Shows. Understand the evidence, limits, and practical records to review in California.

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