Simply stated, a grand jury is a group of people – essentially your peers – who hear evidence in a case and decide whether there is enough probable cause for that case to go to trial. They look at all the evidence available including testimony and documentation. When they have deliberated, they will decide whether […]

No – this is not a valid reason for arrest. You have the right to remain silent and not provide any kind of statement to law enforcement if you so wish. Don’t let them scare you into making a statement that might not read well at a hearing. Talk to your attorney first before giving […]

Actually no. The police must have read you the Miranda Warning if they are planning on using any of your statements against you at a hearing or trial, and they are only required to give the warning when you are in their formal custody. Your best defense here is to not speak without your attorney.

The simple answer is no – not without a warrant or probable cause. They might try and intimidate you or detain you until they can get the warrant that is required, but you have rights there as well. If you believe you haven’t been granted due process, contact the Lamano Law Offices. What To Do […]

Federal crimes apply for these crimes even if you were only charged for activities within the state of California. Charged With A Crime – What Happens Next?

If you created drugs for your personal use, then you are not guilty of manufacturing a controlled substance under federal law. That said, California law is a completely different matter, and you may be guilty under those.

As with many drug charges, your intention is always very important. If you were trying to make a legal substance but instead created an illegal one by mistake, then you should not be liable. You were not intending to break the law and only did so because of other circumstances. You did not manufacture that […]

In California, the terms “DUI” and “DWI” typically refer to the same kinds of criminal offenses. Some states use one term and some states use the other. Still other states make distinctions between these two terms. Conversationally, the terms are used interchangeably in most contexts. “DUI” stands for “driving under the influence,” while “DWI” stands […]

Under certain circumstances, a trial court will dismiss a DUI charge. Some DUI cases are dismissed after a procedural violation has come to light, such as a violation of the defendant’s rights during the arraignment or preliminary hearing. More frequently, courts will dismiss DUI charges because the prosecution lacks sufficient evidence to bring the case […]