The Law Office of Alex Bernstein provides the following answers to questions frequently asked by clients in the San Francisco Bay Area who have been arrested for DUI, drug crimes, or other criminal charges. If you have other questions or need advice and representation in a particular matter, contact the Law Office of Alex Bernstein any time, day or night.
Q. What should I do if I am stopped or arrested?
A. Treating the police with politeness and respect can sometimes mean the difference between being cited or arrested and released, or having the situation escalate beyond what needed to happen. If the police direct you to do something, such as step out of the car or submit to a search, you should cooperate. If the police are conducting a warrantless search or arrest in violation of your rights, you attorney can address the matter appropriately at a later date.
This does not mean that you should voluntarily consent to a search or agree to go the station or submit to questioning. If the police are asking for your permission to search, you have the right to say no. The same applies to answering questions beyond just providing basic information such as your name and address. These rights can be waived by your consent. Do not let yourself be intimidated into waiving your rights. Always request to speak with an attorney if you have any doubts about what to do, and certainly consult with an attorney before submitting to any type of custodial interrogation.
Q. What options are available if I am arrested on drug charges?
A. If you are guilty of a nonviolent possession offense, and this is your first or second offense, you may be able to enter a substance abuse treatment program as an alternative to incarceration, under California’s Prop 36. This option may be available whether the offense is charged as a misdemeanor or a felony. We can help you examine all your options and determine whether a drug court option is the best choice in your particular case.
Arrested Questions & Criminal Defense FAQ
Q. When can someone get a restraining order against another person?
A. A domestic violence restraining order may be sought a spouse or ex-spouse, current or former boyfriend/girlfriend, relative, or other person in a close relationship. Grounds for a restraining order include physical abuse, verbal abuse, or abuse in writing.
A civil harassment restraining order may also be sought against a harasser or stalker, such as a roommate, neighbor, or co-worker, who has committed an act of unlawful violence or credible threat of violence or similar course of conduct. Dependant adults and the elderly may obtain a restraining order against abusive family members and caregivers.
Initially, a temporary restraining order (TRO) is immediately issued, with a court date set for a hearing on whether the TRO should be canceled or continued for a longer duration, up to five years.
Q. Is Driving Under the Influence (DUI) a misdemeanor or a felony?
A. Generally it is a misdemeanor, although there are several instances when DUI may be charged as a felony: if you have three or more prior DUIs within the last ten years; if an injury accident or death occurred; if you committed a hit and run; or if you evaded the police through willful and reckless conduct. A felony charge is much more serious than a misdemeanor in terms of prison time and the impact on your criminal record. If your case may be charged as a felony, we will work vigorously to have the charge reduced to a misdemeanor as part of our overall strategy in providing you with the best defense possible.