If you are being investigated for a crime it is important that you understand your rights. A police officer or police detective is not your friend and is usually looking to find incriminating evidence against you. Be careful and wary of any assistance a police officer or detective offers. You only have everything to lose and nothing to gain from speaking with a police officer. Speak with a qualified criminal defense attorney before speaking with any police officer.
Police investigators usually have the attitude and practice of trying to convict someone for a crime. Many police officers and detectives do not necessarily take the time or effort to consider your innocence or the guilt or wrongdoing of others.
If you are being investigated for a crime or the police ask you for an interview, you should say nothing until after you speak to a criminal defense attorney. Your life and freedom will depend on the advice your attorney provides you.
- Do NOT speak to any police officer, detective or investigator until you have spoken with an attorney! Although many people think their silence is evidence of guilt, it is not! Remember, the police must prove you committed a crime. Suspicious alone are not enough to convict you. The police and the district attorney have the duty to only arrest based on evidence, not suggestions, hunches or their intuition. Everyone has the constitutional rights to not speak. Use your rights!
- Speaking can harm you, even if you are innocent. The vast majority of police officers do not record their interviews and simply summarize or memorize what you said in their police reports. Many times, police officers will misinterpret or misunderstand your statement and then use that statement against you. It is important that your attorney speak to the police and ensure your statements are complete, clearly understood and laid out in a clear record.
- Ensure the investigation against you is complete and thorough. Do not depend on the police to examine every aspect of your case. The police are often looking for a conviction and simply do not have enough time or desire to perform a fair and complete investigation. Your attorney should evaluate and make strong suggestions to police officers to investigate your innocence.
- Immediately develop or preserve evidence that can protect you. Depending on the case, it is important to hire a private investigator to preserve evidence of your innocence. For instance, in many bar fights, video and audio surveillance audio can prove your innocence. Photos of injuries, names of witnesses must be collected immediately before they are irretrievable. However, many bars and restaurants have a video system that overlaps or erases old video within a few days.
- Prevent a criminal charge from being filed with a strong defense. Police investigators and district attorneys are less likely to file a case against you if you can show them the weaknesses of their case. You have nothing to lose and everything to gain if the district attorney does not file a criminal charge against you. Once a charge is filed, many prosecutor’s will continue to pursue the case to justify their decision to charge you. Stop the charge from happening, start defending yourself now.
If you are being questioned by police officers or investigators about a crime, please call the Law Offices of Justin Lo at (310) 284-7385 for tips and advice on protecting your future and dealing with police investigators.
- 1 Criminal Defense
- 2 Bench Warrants or Arrest Warrants
- 3 Criminal Record Conviction Expungements
- 3.1 What is an expungement?
- 3.2 What are the benefits of an expungement?
- 3.3 What does an expungement NOT do?
- 3.4 California Expungement Requirements
- 3.5 What crimes can be expunged?
- 3.6 Do I need to go to court for an expungement?
- 3.7 How long is the expungement process?
- 3.8 What happens in my expungement case?
- 3.9 What is the cost of an expungement?
- 3.10 I have more questions about an expungement, who can I call?
- 4 Spanish Speaking Clients
I help people in Los Angeles who are criminally charged with a wide variety of California criminal charges. I have experience and have defended many people charged with the crimes below.
- Domestic Violence
- Drug Possession
- rug Sales and Drug Transportation
- Driving under the influence (DUI)
- Gang related crimes and enhancements
- Firearms and Weapons Cases
- Money Laundering
- Juvenile Crimes and Juvenile Criminal Charges
- Sex Related Crimes
- Theft Crimes
- Violent Crimes
- Traffic crimes including hit and run
- White Collar crimes
Bench Warrants or Arrest Warrants
Bench warrants or Arrest warrants can happen for many reasons that range from failure to appear in court, failure to pay fines or being a suspect in a crime. Any person with a warrant for their arrest can be arrested and taken to jail and held until a judge decides how their case should proceed.
If you have a bench warrant or need to determine if you have a warrant for your arrest, please call the Law Offices of Justin Lo at (310) 284-7385 to determine your options and solutions.
Criminal Record Conviction Expungements
What is an expungement?
An expungement under California Penal code §1203.4 is a legal tool to “clean up” a person’s criminal conviction and help them apply for jobs. A person who expunges their conviction can legally keep their conviction confidential and private from most employers or explain to their employer that their case was dismissed. In effect, a person with an expungement is no longer a convicted person.
A mistake from your past should not be a life sentence of unemployment and fear of potential employers. An expungement can open the door to job opportunities and help get your life back on track. Keep your past in the past and look forward to a new future.
What are the benefits of an expungement?
With an expungement, you can honestly and legally answer you were not convicted of a specific crime on most job applications. You never have to lie and worry that your employer might find out you have a criminal record. However, government jobs such as law enforcement or state licensed jobs usually require revealing criminal convictions.
- Increase your earning capacity by being eligible for more jobs
- An expungement is evidence you can show your employer that you are clearing up your past and are moving forward in life as a law abiding person.
- Your court record will show your case was “dismissed” instead of “convicted”
- Reduce certain felony convictions to a misdemeanor. A misdemeanor conviction can then later be dismissed.
- You can tell friends and family that you are not convicted of a crime or your case was dismissed
What does an expungement NOT do?
An expungement does NOT erase, destroy or seal your criminal record. Criminal records are permanent and cannot be removed from California or FBI criminal records. If you were arrested, but not convicted and you want your arrest records sealed, a petition under Penal Code §851.8 must be made.
An expungement does not restore driving privileges suspended by the California DMV.
An expungement does not prevent the conviction from being used by USCIS for removal or deportation purposes.
California Expungement Requirements
A person applying for an expungement must meet all of the following requirements:
- Your conviction is a California state court offense, not a federal court.
- You must not currently be charged with any crime.
- You must have successfully completed probation or your conviction is at least 1 year old. If you are currently on probation, I can assist with early termination of probation.
- You have paid all fines, fees and payments ordered by the court for the case you are expunging
- You cannot be currently serving a sentence or be on probation for any other offense
- The conviction you are trying to expunge did not result in a state prison sentence. If you were sentenced to state prison, you will need to file for a certificate of rehabilitation.
Anyone with a criminal conviction should apply for an expungement as soon as possible because many courts destroy case files after a few years and only leave a record of convictions. If your court file has been destroyed, it is much more difficult and expensive to obtain an expungement because additional records must be obtained from the Department of Justice in Sacramento.
What crimes can be expunged?
Most California misdemeanor and some felony crimes without a state prison sentence can be expunged. The most commonly expunged crimes are:
- Assault / Battery
- Assault with a deadly weapon
- Criminal threats
- Domestic violence
- Driving without a license (only for misdemeanor convictions)
- Driving on a suspended license
- Theft / shoplifting
Do I need to go to court for an expungement?
Probably not. The vast majority of my clients never appear in court for their expungement petition because I appear in court for them.
How long is the expungement process?
I have expunged most criminal records in Los Angeles and Orange County in about 4 to 8 weeks.
What happens in my expungement case?
I will perform the following in all expungement cases:
- Obtain a copy of your criminal case from the courthouse
- Review your current eligibility
- Determine how to best show the court you deserve the relief of an expungement under Penal Code §1203.4
- File your expungement application with the court and the district attorney
- Appear in court for your court hearing and respond to any opposition by the court or district attorney
- Re-appear in court if further information or clarification is required
- Send you a copy of the court’s decision
What is the cost of an expungement?
My complete legal fees for a single expungement are between $$550 to $1750 and depend on the complexity and needs of your case. If you have several convictions you need expunged, the legal fees of the remaining expungements are significantly reduced.
The costs of an expungement are a small one-time cost compared to the lifelong benefits of employment.
I have more questions about an expungement, who can I call?
Please call attorney Justin Lo at (310) 284-7385 for a confidential and complimentary consultation if you have any questions about expungement or California criminal law matters.
Spanish Speaking Clients
HABLO ESPAÑOL Y NECESITO AYUDA – Las Oficinas Legales del abogado Justin Lo se enorgullece de servir a las necesidades de la comunidad latina.
Especialmente para aquellos con un fondo latino, siendo arrestado y acusado de un crimen es una experiencia confusa Somos sensibles a las necesidades de usted y trabajamos duro para enmarcar y explicar el proceso de la causa penal de manera que sean fácilmente comprensibles y claro.
Si usted no es un ciudadano de los Estados Unidos, una condena penal podría resultar en la deportación o la expulsión de los Estados Unidos. El abogado Justin Lo tiene experiencia en casos penales con posibles consecuencias migratorias. Llame al (310) 284-7385 para discutir su caso y sus posibles soluciones.
El abogado Justin Lo, tiene previa experiencia habiendo sido fiscal y tiene licencia para practicar las leyes en el Estado de California y Tribunales Federales y con frecuencia defiende a personas acusadas de:
- Conducir bajo los efectos del alcohol
- La Venta de Drogas
- Transporte de Drogas
- Fabricación de Drogas
- os Delitos de Violencia Doméstica
- Armas de fuego
- Delitos Menores
- La Inmigración ilegal o de Reingreso
- Orden de Restricción
- Abuso Conyugal
- Delitos Sexuales
- Delitos o Robo
- Crímenes Violentos
Para una consulta gratuita con el abogado Justin Lo, por favor de llamar al (310) 284-7385.