Banning Criminal Defense Lawyer: Safeguarding Your Rights, Securing Your Future

In a domestic violence case, the alleged victim cannot simply drop the charges—the prosecutor holds the power to decide whether to move forward. While Penal Code section 1219 protects them from jail time for refusing to testify, it doesn’t mean the case will be dismissed. A witness who previously gave false statements to the police may attempt to invoke the Fifth Amendment to remain silent and protect themselves. However, each case is unique, and a single misstep can change everything. That’s why you need an experienced attorney who knows how to navigate these complexities—someone who can turn the law from a potential weapon into a shield, protecting your rights and your future.

First and foremost, remember this—law enforcement is not on your side. Speaking with them without an experienced domestic violence defense attorney by your side can be a costly mistake that could jeopardize everything. Stay silent, stay smart.

Next, gather all critical evidence. This includes texts, call logs, social media messages—anything that might support your case. Take screenshots, back them up securely to a cloud drive, and ensure they’re easily accessible to your attorney.

Above all, contact a lawyer immediately. The early stages of an investigation are pivotal, and one wrong move now could have lasting, serious consequences. Make sure you have the right defense on your side before it's too late.

There’s no such thing as a “small” domestic violence charge. Even a misdemeanor under Penal Code 243(e)(1)—with no injuries, just an accusation—can result in jail time, probation, mandatory 52-week classes, and consequences that can devastate your life. You could lose your right to own a gun, be separated from your children, or face deportation if you’re not a U.S. citizen. And if the charge is a felony? It’s not a slap on the wrist—it’s state prison time.

First and foremost, do not speak with the police. They are gathering evidence to build their case, and while they may seem friendly or understanding, don’t be fooled—they are trying to trap you. Protect yourself by staying silent.

Next, protect your evidence. Gather every piece of information that supports your side of the story—texts, emails, social media messages, and anything else that might be relevant. Take screenshots and securely back them up to a cloud storage, as your phone could be confiscated if you’re arrested.

For most sex crimes, the statute of limitations is ten years. However, in certain serious cases, such as those involving minors, the time frame for prosecution can extend until the alleged victim reaches 40 years of age. This means that even if the accusation is made many years after the alleged incident, prosecution can still be possible depending on the circumstances.

It depends on the charge and the circumstances. For most sex crimes, the statute of limitations is ten years. However, in more serious cases, prosecutors can bring charges until the alleged victim turns 40. This means that even if the accusations are from years ago, the law may still allow for prosecution. The past isn’t always left behind, and the timeline can extend further than you expect. If you’re facing accusations that are long-dormant, don’t wait—seek a lawyer who understands how to fight back before the system closes in on you.

If you’re facing a charge of drug possession for personal use, you might qualify for diversion under Penal Code section 1000, which offers an alternative to traditional prosecution. In some cases, the court may even offer a more lenient diversion program, such as an online class under Penal Code section 1001.95. However, prior convictions or allegations of possession with intent to sell can typically disqualify you from these programs.

The real benefit of successful completion of a diversion program is that your case will be dismissed—essentially erasing the charges as if they never existed. Understanding your options and having the right defense team to advocate for you is crucial in securing the best possible outcome.

Maybe. For individuals with a serious history of addiction, rehab can sometimes be considered as an alternative to incarceration. However, it’s not guaranteed—the judge will carefully review all aspects of your case before deciding whether treatment is the appropriate option. The key factor is having the right defense team to advocate for an outcome that gives you a real chance at recovery.

Drug sales, especially those involving fentanyl, come with severe legal repercussions. While first-time offenders may be eligible for probation, repeat offenses or aggravating factors significantly increase the likelihood of a state prison sentence. Prosecutors and judges treat these cases with utmost seriousness, and the penalties can be extremely harsh. If you're facing charges, it's crucial to have a strong defense to protect your rights and future.

A DMV Administrative Per Se (APS) hearing determines whether your driver's license will be suspended after a DUI arrest. It focuses on the legality of your arrest, your BAC results, and whether you refused a chemical test. You must request the hearing within 10 days of your arrest, or your license will be automatically suspended. It’s important to act quickly to protect your driving privileges.

The answer is likely yes. If you’re convicted of a DUI in a criminal case, or the DMV finds you were driving with a BAC of 0.08 or higher, your license will be suspended. But there’s a glimmer of hope: you may be eligible for a restricted license right away—if you meet certain criteria—so you can still drive for essential things like work or school. Don’t let this hang over you. Understand your options and act quickly to protect your driving privileges.

Click her to calculate your suspension and for instructions to get a restricted license.

If you're facing a first-time DUI, here's what you can typically expect:

• 3 years of probation

• Fines between $1,500 and $2,000

• Mandatory DUI education classes

• A 6-month license suspension

While these penalties can vary based on the details of your case, this is a good starting point for understanding what lies ahead. It's crucial to act swiftly and work with a skilled attorney to minimize the long-term impact on your life and driving privileges.

For a first-time DUI with no accident, jail time is generally not part of the sentence. However, things change if you have prior DUIs or if your case involves an accident or injury. For a third DUI or a DUI involving injury, the chances of facing actual jail time increase significantly. It's critical to understand the seriousness of your situation and consult with an experienced attorney to guide you through the process and minimize the potential consequences.

A restraining order goes beyond just a "stay away" order and can have serious, far-reaching consequences, such as:

• Mandatory 52-week batterer intervention classes

• Loss of child custody

• Loss of Second Amendment rights (the ability to own or possess firearms)

• Negative impact on employment, particularly if your job involves positions of trust or security

These consequences can profoundly affect your personal, professional, and legal life. It’s crucial to take them seriously and consult with an experienced attorney to protect your rights and your future.

To respond to a restraining order, you must file a DV-120 form at least 5 days before your hearing. In the form, clearly explain your side of the story and include any supporting evidence, such as:

• Witness declarations from anyone who can testify on your behalf

• Exhibits like photos, text messages, or other documents that support your case

You can serve the DV-120 form by mail. Once it's served, make sure to file proof of service with the court to show the other party has been properly notified. Being thorough and timely in your response is critical to ensure you have the best chance to protect your rights.

The judge will allow both sides to testify and present any exhibits to the court. Be prepared.

Typically, if you successfully completed probation with no violations, you are eligible for a Penal Code 1203.4 dismissal (expungement), and the court is required to grant it.

However, if you had violations of probation, the decision becomes discretionary. In this case, the judge will consider the circumstances of your case and decide if you deserve the dismissal. It’s crucial to demonstrate to the court that you’ve made positive changes and are worthy of a fresh start.

California Penal Code section 1203.41 allows a person convicted of a felony that resulted in a state prison sentence to potentially have their record expunged, as long as the felony does not involve sex offender registration. The decision to grant expungement is discretionary, meaning the judge will evaluate the circumstances of the case before deciding whether to approve the request. If eligible, expungement can offer a chance to move forward without the burden of a felony conviction on your record.

Yes, if your conviction is for a wobbler charge—an offense that can be classified as either a felony or a misdemeanor—you may be eligible to petition for a reduction to a misdemeanor after completing probation. Common wobbler offenses include:

• Domestic Violence (PC 273.5)

• Assault with a Deadly Weapon (PC 245)

• Vandalism over $400 (PC 594)

• Commercial Burglary (PC 459)

If your conviction falls into one of these categories and you’ve successfully completed probation, you can petition the court to reduce your felony conviction to a misdemeanor, which can significantly reduce long-term consequences on your record.