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AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
San Jose Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 1625 The Alameda, Suite 400, San Jose, CA 95126

  • 1700 The Alameda, Ste. 300, San Jose, CA 95126

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  • 777 N. First St., Ste. 325, San Jose, CA 95112

  • 2055 Junction Ave., Ste. 118, San Jose, CA 95131

  • 66 E. Santa Clara St., Ste. 250, San Jose, CA 95113-1804

  • 800 N. 1st St., Suite 201, San Jose, CA 95112

  • 111 N. Market St., Ste. 300, San Jose, CA 95113

  • 1885 The AlamedaSuite 210, San Jose, CA 95126

  • 1264 Lincoln Ave., Ste. 101, San Jose, CA 95125

  • 181 Devine Street, San Jose, CA 95110

  • 181 Devine St., San Jose, CA 95110

  • 1625 The Alameda, Ste. 711, San Jose, CA 95126-2225

  • 111 W. St. John St., Ste. 555, San Jose, CA 95113

  • 90 East Taylor St., San Jose, CA 95112-5002

  • 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113-2233

  • 45 E. Julian St., San Jose, CA 95112

  • 12 South First Street, Suite 720, San Jose, CA 95113

  • 65 E. Taylor St., San Jose, CA 95112

  • 1550 The Alameda, Ste. 308, San Jose, CA 95126-2304

  • 152 North Third Street, Suite 503, San Jose, CA 95112

  • 300 S. First St., Ste. 220, San Jose, CA 95113

  • 333 West San Carlos, Suite 800, San Jose, CA 95110

  • 111 W. St. John Street, Suite 700, San Jose, CA 95113

  • 1671 The Alameda, Suite 200, San Jose, CA 95126

  • 90 Great Oaks Blvd., Ste. 209, San Jose, CA 95119

  • 3031 Tisch Way 110 Plaza West, San Jose, CA 95128

  • 255 North Market Street, Suite 265, San Jose, CA 95110

  • 111 North Market Street, Suite 300, San Jose, CA 95113

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Commonly Asked Criminal Law Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

If my son is accused of exposing himself to a 4 year old and the police want him to take a lie detector test, should he get an attorney?

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Answered by attorney Francis John Cowhig (Unclaimed Profile)
Criminal Law lawyer at Francis John Cowhig
He needs an attorney. I never recommend that my clients take a lie detector tests since I do not believe in their accuracy and have been known to give false readings due to many outside factors including stress.
He needs an attorney. I never recommend that my clients take a lie detector tests since I do not believe in their accuracy and have been known to give false readings due to many outside factors including stress.
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What should I do after being caught with marijuana in a National Forest?

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Answered by attorney Terry Alan Nelson (Unclaimed Profile)
Criminal Law lawyer at Nelson & Lawless
What should you do? Defend the charges, or plead guilty and be immediately sentenced. The federal law does not recognize the politically correct fiction of Californias medical marijuana cards. You face federal criminal charges for drug possession, just like you see on TV cops and robbers shows. Depending upon the actual charges filed, there may be mandatory minimum prison sentences. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have.
What should you do? Defend the charges, or plead guilty and be immediately sentenced. The federal law does not recognize the politically correct fiction of Californias medical marijuana cards. You face federal criminal charges for drug possession, just like you see on TV cops and robbers shows. Depending upon the actual charges filed, there may be mandatory minimum prison sentences. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have.
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When do you have to be read your Miranda rights, during arrest or once they get you to the station for it to be legal?

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Answered by attorney Jared Christian Winter (Unclaimed Profile)
Criminal Law lawyer at Law Office of Jared C. Winter
No, that is not enough for a dismissal. There is a widespread misconception that the police must read you your rights and that if they don't, the case must be dismissed. Both of these beliefs are untrue. Rights only need be read if (1) you are in custody and (2) they are going to interrogate you. If both of those conditions apply and they still didn't read the rights, then any statements made get suppressed. Depending on the case, this could result in a dismissal, but not necessarily. If they have other evidence besides his statements, they may still proceed with the case.
No, that is not enough for a dismissal. There is a widespread misconception that the police must read you your rights and that if they don't, the case must be dismissed. Both of these beliefs are untrue. Rights only need be read if (1) you are in custody and (2) they are going to interrogate you. If both of those conditions apply and they still didn't read the rights, then any statements made get suppressed. Depending on the case, this could result in a dismissal, but not necessarily. If they have other evidence besides his statements, they may still proceed with the case.
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