Q: If I am arrested, should I talk to the police?

A: If you are arrested, you should request to speak to a lawyer and obtain advice from a lawyer before answering police questions.

Q: The police didn't read me my rights; do I get my case dismissed?

A: Probably not. Not being properly advised of your Constitutional rights may have consequences that will impact the ultimate outcome of your case, but the mere fact that you were not properly advised does not mean your case is automatically dismissed. It is an issue that should be brought to the attention of your attorney so that appropriate legal remedies can be sought.

Q: What is an arraignment?

A: After your first appearance, if formal charges are filed, an arraignment will be scheduled. The arraignment is not a trial and not a time when evidence can be presented. At most arraignments your charges are read to you and if you do not have a lawyer the judge will ask you if you wish to have an attorney and whether you can hire your own counsel or wish to request a Public Defender.  If a plea of not guilty is entered at your arraignment, your case will normally be scheduled for a pretrial conference (if you are charged with a misdemeanor) or a preliminary hearing (if you are charged with a felony). If you do not have an attorney YOU MUST ATTEND THE ARRAIGNMENT.

Q. What is the difference between a felony and a misdemeanor?

A: A felony is an offense punishable by imprisonment in a State Prison for one year or more.  A misdemeanor is a lesser crime punishable by no more than one year in county jail.  

Q. What if the complaining witness doesn’t want to press charges?

A: In criminal cases it is the government (DA or Attorney General or US Attorney) that presses charges.  The person who made the initial complaint is merely a witness.  They must obey any subpoena they receive.  If the complainant believes they have a privilege not to testify they may ask the judge if they can be excused from giving testimony.

Q.  I posted bail and had to pay 10% of the bail amount to the bondsman.  If I am found not guilty do I get my money back?

A:  No.  The premium you pay the bondsman is his profit which he has earned when he arranges your bond.

Web site for State Court information and forms
http://www.courtinfo.ca.gov/

Web site for San Bernardino County courts – case information available
http://sbcounty.gov/courts/flash.asp

The Ripley Law Firm handles a variety of cases, including civil and injury cases.
http://www.ripleyslaw.com/

San Bernardino Sheriff’s web site with recent booking info
www.co.san-bernardino.ca.us/sheriff

State Bar
http://www.calbar.org/

Dept. of Corrections site
http://www.corr.ca.gov/

San Bernardino County Public Defender
www.sbcounty.gov/PublicDefender