Frequently Asked Questions About Criminal Law

If you’ve been charged with a crime in California, you may have many questions about the legal process and the potential penalties you are facing. Criminal charges can seem incredibly intimidating, especially when you are concerned for your freedom and future, which is why we have compiled this list of frequently asked questions to help arm you with the knowledge you need to face this process.

However, every case is completely unique. To get answers to your specific questions and legal advice relevant to your case, we would encourage you to contact Confianza Legal to learn more about how our dedicated legal counsel can help you preserve your legal rights! Book your free strategy session today!

DUI

Can I refuse to take a breathalyzer test?

When you drive, you are subject to implied consent laws, which dictate that you must submit to chemical testing, including breath tests, blood tests, urine tests, or hair tests, following an arrest. If you refuse chemical testing after you are arrested, you will lose your license and, should you ultimately be convicted of your charges, you will face elevated consequences.

It is important to note, however, that implied consent laws are only relevant following an arrest. If you have not been placed under arrest, you do not have to take a breathalyzer test. Law enforcement might make it seem as if the breathalyzer is not optional, but you are legally within your rights to refuse–though it is always best to do so politely.

Can I refuse to take a field sobriety test if I am pulled over?

Field sobriety tests are not covered under implied consent laws, and the results of them can be subjective or dependent on the accuracy of the officer administering them. If you are pulled over, you are not legally required to take a field sobriety test even if law enforcement tries to order you to do so.

Can I get a DUI for driving under the influence of substances other than alcohol?

Yes. You can be arrested for DUI involving substances like marijuana or prescription drugs. Even though marijuana is legal in California, and even if you have been legally prescribed medication, you are still expected to use these substances responsibly and refrain from driving when you are under the influence. 

Drug charges

Marijuana is legal in California–can I still be arrested for marijuana possession?

While marijuana is legal in California, you are only allowed to be in possession of a limited amount. You can still be arrested for marijuana possession if you are found with over 28.5 grams of cannabis. 

What is drug scheduling? 

Drug scheduling refers to the classification of drugs into different categories, or “schedules,” based on their potential for abuse, medical use, and safety or dependency risks. 

In the United States, the Controlled Substances Act (CSA) outlines five schedules, with Schedule I drugs being the most restricted due to their high potential for abuse and lack of accepted medical use (e.g., heroin, LSD), and Schedule V drugs being the least restrictive with a lower potential for abuse and accepted medical uses (e.g., certain cough preparations containing less than 200 milligrams of codeine per 100 milliliters). 

The classification helps regulate how these substances are prescribed, distributed, and controlled by law enforcement to minimize misuse and protect public health.

How can authorities prove that I am involved in manufacturing or trafficking drugs?

Authorities can prove your involvement in manufacturing or trafficking drugs through a combination of evidence such as surveillance, wiretaps, and informant testimony. 

Physical evidence, like drugs, manufacturing equipment, or large quantities of cash, can also be crucial in linking you to drug-related activities. In addition, authorities may use witness statements or documents that show your involvement in the distribution chain, such as text messages, emails, or financial records. Controlled buys, where undercover officers purchase drugs from you, can provide direct evidence of trafficking. 

Furthermore, law enforcement can gather evidence from search warrants executed at your home, vehicle, or business, where drugs or related paraphernalia may be found. If there is a trail of evidence pointing to your knowledge and participation in the operation, authorities can build a strong case to support charges of drug manufacturing or trafficking.

Domestic violence

Can I lose custody of my children because of domestic violence allegations?

You will not lose custody of your kids if you are charged with domestic violence but not convicted. On the other hand, if you are convicted, whether or not you will lose time with your kids is up to the presiding judge. If you hurt your children or they were otherwise subject to the abuse you caused, there is a strong chance you will lose custody. 

What if my spouse/partner drops the charges?

If your partner drops the domestic violence charges against you, you might find that the prosecution still intends to proceed with charges, which is their prerogative. On the other hand, your partner disavowing charges might mean that there is too little evidence against you to proceed.

What if I am the victim of a false accusation?

If you have been accused falsely of domestic violence, you first need the help of an experienced domestic violence defense lawyer to help you beat your charges. Otherwise, you need to document your innocence and the alleged incident as much as possible in ways such as saving relevant text messages, contacting witnesses, and writing down your own story in as much detail as you remember.