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» Criminal Law
Can evidence be suppressed if police violated rights?
Yes—motions to suppress can be filed if rights were violated (illegal search, coerced confession, etc.).
What defenses are available?
Examples: alibi, self-defense, lack of intent, mistaken identity, suppression, insanity, entrapment. Depends on facts.
How can I get a conviction expunged/dismissed?
Penal Code §1203.4 allows petitions to set aside convictions after probation. Some restrictions remain (firearms, immigration).
Can a felony be reduced to a misdemeanor?
Some offenses are wobblers. Judges may reduce under Penal Code §17(b), subject to eligibility.
What is a plea bargain?
Negotiated resolution—pleading guilty/no contest in exchange for dismissal of other counts or a reduced sentence. Always consult counsel.
What is discovery and what must prosecutors disclose?
Discovery is evidence exchange. Prosecutors must disclose witness statements, exculpatory evidence, reports (Penal Code §1054.1).
How does bail / pretrial release work?
Judges consider bail/release; counties publish bail schedules but judges may set different amounts. Local reforms affect release.
Will the court appoint a lawyer if I can’t afford one?
Yes—if indigent, the court generally appoints a public defender or panel counsel after a financial review.
What happens at an arraignment?
Charges are read, rights advised, plea entered, and court sets future dates and bail/conditions. Inform the judge if you cannot afford counsel.
What is probable cause?
A reasonable belief, based on facts, that a crime occurred and the person/place is linked. Standard for warrants and many arrests.