INVESTIGATIONS lawyer california
CALIFORNIA INVESTIGATIONS OVERVIEW
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A criminal defense attorney in California can provide you with more assistance than just suggestions on how to behave when being questioned. A capable attorney will get in touch with law enforcement before charges are brought up to learn more about the investigation and to exert pressure on the prosecution to conclude the matter favorably. Your California investigation lawyer’s objective at this point is to prevent the filing of criminal accusations against you.
Why Should I Get an Independent Investigator?
Hiring an investigator is one of the most important pre-trial actions you can take to strengthen your negotiating position and the strength of your potential trial.
Investigators mainly focus on the following tasks:
- Interview witnesses and record their statements
- Collect physical evidence, such as audio and video recordings
- Serve subpoenas to compel the trial attendance of witnesses and the production of evidence
- Testify at trial if witnesses change their stories or lie on the stand.
The witnesses in your case will likely be questioned by the police. The police are responsible for summarizing these witnesses’ statements and forwarding them to the prosecutor. This provides the police with a tremendous advantage, as they can distort facts to their advantage and omit facts that would benefit you. The numerous advantages to hiring the ideal criminal defense attorney prior to trial.
What is the Process of the Police Investigation?
There are many, and you might recognize some of the following if you watch cop shows:
- Saying they know more than they do
- Implying that someone you know has already confessed
- Saying that things will go “better” if you talk
- Using a “good cop bad cop” routine
What are the Objectives?
If they had no reason to believe that a crime had been committed, the police would not be speaking to you. Their objective is to compile as much evidence as they can in order to either arrest you or obtain a warrant for your arrest. What evidence is required to obtain a warrant may surprise you. It is much less demanding than what is required for a conviction.
The fact that police officers are naturally suspicious is not shocking. They encountered numerous criminals due to their line of work. Because suspects can lie, they must be vigilant. This is just a requirement of the job, but it also means that because of their suspicion, officers might draw premature conclusions (another cop show trope).
Getting you to implicate yourself or someone else is the simplest way for the police to end a case. They employ a variety of strategies to do this, and you are, regrettably, at a disadvantage. Although it is illegal to lie to the police, they are permitted to use false or deceptive statements to gain information from you that could result in a warrant (up to a point). If police start to overstep their bounds, Riverside criminal investigation attorneys are trained to spot these ruses and can defend you.
What Are the Consequences of DUI Under 21?
The consequences of driving under the influence of alcohol or drugs can be devastating. These consequences include:
- The revocation of professional licensure (nurses, radiologists, truck drivers, etc.).
- The suspension or revocation of a driver’s license.
- Incarceration.
- Thousands of dollars in fines.
- The forced installation of an ignition interlock device.
- Mandatory alcohol education classes.
- Restitution is repaid to any victims for damage to health or property.
- The potential death of a human being.
Ironically enough, for people between the ages of 18 and 21, it may be easier to defend against an underage DUI charge than for those who are already adults, and it may result in extremely light criminal punishment.
What is a Criminal Background Check?
A criminal background check provides information about your criminal history, such as past convictions and arrests. Criminal background checks can be performed by various people, such as landlords, schools, and potential employers.
Your criminal background check can have a major impact on your future opportunities in life. If you have a criminal record, you need to know what your criminal background check says about you. Your past convictions and arrests do not need to hang over you for the rest of your life. In many cases, arrests and convictions can be prevented from appearing on background checks.
An experienced criminal defense attorney can help you clean up your record and get your life back on track.
What Shows Up On A Criminal History
A criminal background check in California can show potential employers:
- Misdemeanor convictions
- Pending criminal cases
- Arrest reports that led to a felony conviction
- Any history of incarceration as an adult
- Felony convictions
- Arrest reports that led to a misdemeanor conviction
- Arrests pending prosecution
What Will Not Show on a Criminal Background Check?
In California, criminal convictions can only be reported for 7 years, with a few exceptions. Any misdemeanors, complaints, indictments, arrests, and convictions older than that cannot be reported on background checks. Full pardons, expungements, and arrests that did not lead to a conviction cannot be reported at all.
Other information that should not appear on a criminal background check includes:
- Your participation in diversion programs.
- Any sealed record.
- Any juvenile records.
- Non-felony marijuana possession convictions which are more than 2 years old.
Employers are required by law to keep all criminal background checks for at least 2 years. If you later have something removed from your criminal record, employers will still have copies of your old criminal background check.
Employers are required to tell you which agency provided their criminal background check. Whoever conducted the check must provide you with a copy of their full report if you ask them for it within 2 years of the initial check. This can help you find out exactly what information was provided and whether it is correct.
Why Do I Need To Check My Criminal Record?
Your criminal history may affect your opportunities. Your criminal record may disqualify you for housing or a job. Knowing what your criminal record says about you lets you explain it.
It can also clarify your criminal record disclosure requirements. Your criminal record may contain information you didn’t know, making a potential employer think you’re dishonest.
Checking your criminal record may help improve it. It may be inaccurate, outdated, or confidential. Without reviewing your criminal record, you cannot correct information that may unfairly limit your opportunities.
Many crimes are expungable or reduceable to misdemeanors. A criminal record check will reveal your charges and other information, such as your conviction date, that can help you seek expungement or reduction. If your offense’s law has changed since your conviction, this is important.
Criminal record checks reveal your charge, plea, and probation status. Charge reduction and expungement require this information.
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Can Employers Access Criminal Records?
Yes, but only after a conditional offer of employment. A criminal background check may not include arrests that did not result in a conviction. If needed, institutions that care for vulnerable people or children can conduct more extensive background checks.
How Long Is a California Criminal Background Check?
A criminal background check in California can take anywhere from a few hours to more than a week, depending on the agency and the ease with which your records can be accessed. It is, however, not uncommon for a background check to be delayed. Delays occur for a variety of reasons, including the need for additional research to confirm the records’ accuracy, and are usually not cause for concern. Some criminal background checks, such as fingerprint record checks, can take up to a week to complete.
What Causes A Red Flag On A Background Check?
Yes. There are laws that govern who can check your criminal history, what information they can use, and how they can use it. You can sue someone for damages if they conduct a criminal background check on you before meeting the necessary requirements, use the information to unfairly discriminate against you, or otherwise violate the laws governing criminal background checks.
What do the police look for when the pull me over?
Some employers may view information that you have not disclosed as a red flag. Although you are not required to disclose your criminal history to an employer unless asked, you do not want employers to read your record before hearing your explanation. Additionally, pending cases and active warrants are red flags. Due to clerical error, these may be left on your record when they are no longer relevant, but it will appear to anyone reviewing your record that you are still under investigation.