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If you see signs for a DUI (sobriety) checkpoint YES you may avoid the checkpoint by legally making a left-turn onto another street or if allowed you may turn around (u-turn). The case where this was determined is Ingersoll v. Palmer, 43 Cal. 3d 1321. The court in that case said that if you see… Read More

In 1987 the California Court of Appeal considered whether sobriety checkpoints are permissible under the federal and state Constitutions. They concluded that sobriety checkpoints conducted in accordance with certain guidelines were permissible under the United States and California constitutions. One of those guidelines is advance publicity of the DUI checkpoint. The first ever sobriety checkpoint… Read More

As we mentioned in the pre-trial conference section, sentencing is a decision made by the judge, either following a guilty or no contest plea, or a guilty verdict at the end of a jury trial.  The charges filed against a defendant can give a range for sentencing, but the judge makes the final decision.  So,… Read More

An appeal is a way to challenge a jury’s verdict at trial.  In an appeal, you cannot make new arguments, introduce new evidence or call witnesses.  Instead, you challenge the decision made by a jury.  Also, names and terms change, as the defendant in the previous trial is now called an appellant.  To begin the… Read More

Pre-trial conferences always before a trial, and sometimes before a preliminary hearing (only in felony cases, see previous section). The purpose of a pre-trial conference is for the prosecutor, defense attorney and judge to meet and discuss a possible plea bargain. A plea bargain is also known as a “deal,” a deal is usually made… Read More

If your case gets all the way to a jury trial, here is what you can expect.  First, a jury is selected.  Approximately 100 citizens are brought to court.  The judge, defense attorney and prosecutor question them in an effort to find 12 fair and impartial jurors.  Next, the judge decides whether certain evidence will… Read More

DUI/DWI checkpoints must be disclosed by the agency conducting the enforcement. The checkpoints are usually disclosed through the news, either in print or television. Look at your local newspaper to see if your local agency published the location of upcoming checkpoints, or watch the local news. You can also research the date, time and location… Read More

The arraignment is often the first court appearance in a criminal case, and must be held “as quickly as possible” following arrest according to the U.S. Supreme Court (Mallory v. U.S., 1957).  If you are being held in jail, your arraignment must take place within 48 hours of your arrest, not counting weekends or holidays. … Read More

Shortly after charges have officially been filed, and only in felony cases in California, Preliminary hearings are held.  Their purpose is simple:  the judge decides whether there is probable cause to hold a trial on the charges against the defendant, or whether the case should be thrown out for lack of evidence.  The prosecutor calls… Read More

Bail is a payment made to the court allowing a defendant to be released from custody, and is fully returned once that defendant appears for all court appearances. Courts will also accept property with a value of twice the set bail amount.  Instead of paying the full bail amount directly to the court, you have… Read More