What is the difference between a felony and a misdemeanor?
AA felony can be punishable in state prison for a year or longer. Misdemeanors usually involve lower level offenses, and are punishable for less than a year in the county jail and/or a fine. Generally speaking, felony charges are more serious and result in greater consequences. Some common felonies are: murder, rape, and armed robbery. With misdemeanors, think of petty theft, shoplifting, and domestic battery.
If you have been charged or know someone charged with a misdemeanor or felony and have questions, please call the Law Offices of Antonio R. Garcia and we are happy to assist you with those questions!
What are field sobriety tests? And should I take them if stopped for Driving under the Influence (DUI)?
AField Sobriety Tests are roadside tests administered by law enforcement to help them determine whether you are under the influence of alcohol or drugs. There are varied tests offered and they are VOLUNTARY. You do not have to consent to doing them. It is my opinion that it is not in your best interest to do them. It only provides law enforcement evidence of your potential impairment and thus does nothing to help you!
If you have been stopped for a DUI, please call the Law Offices of Antonio R. Garcia and we are happy to help you with any questions you might have!
How to avoid a DUI arrest?
AIf you plan to drink, please plan ahead!
1. Make sure your vehicle is in proper working order. If your car has any a faulty tail light or some other issue, that is a basis for a stop by law enforcement.
2. Make sure you eat. Studies have shown that eating while or before drinking alcohol will keep your blood alcohol level from peaking.
3. If you intend to drink, assign a designated driver or plan to use an alternative mode of transportation. In today’s world, there are a lot options for travel than before and so if you plan on drinking, look into using a bus, metro subway, taxi, uber or lyft as alternatives to driving.
If you have any questions on how to avoid a DUI arrest, please feel free to contact the Law Offices of Antonio R. Garcia!
How do I expunge my criminal record?
AClearing one’s criminal past is more important than ever. As we all know, having any criminal convictions may impact job opportunities and thus is it well worth it to have any convictions expunged if possible. Start by hiring an attorney to help you with this process.
Firstly, you must get a complete history of your criminal record. Secondly, it may be worth it to have a live scan done to ensure that everything that might come up is located. Then, a motion or application for expungement should be prepared on each case that is eligible for expungement. A determination of what case(s) might be eligible for expungement should be done by an attorney. Then, the motion or application should be filed in the proper court for review to determine if the expungement will be granted. This process often takes a few months so if time is of the essence, it is important to plan ahead. If you have questions on whether your case is eligible for an expungement, please contact the Law Offices of Antonio R. Garcia!
What is a bench warrant?
AA Bench Warrant may be issued for various reasons. Some of the most common reasons a bench warrant is issued is because someone has failed to appear in court and failed to complete something ordered by the court. In either of these situations, the court issues what is called a “bench warrant” placing a certain amount of bail for the arrest of the named person. For example, John Doe was ordered to appear in court to show proof of enrollment in community service. They fail to appear and a bench warrant in the amount of $20,000 is issued for their arrest. It may be that you mixed up the court date or had car trouble explaining why you didn’t make it. Since there is a bail on the warrant, it is very important that you do not appear alone but with an attorney to help explain the situation to help avoid going to jail. If you have an outstanding bench warrant and have questions, please contact the Law Offices of Antonio R. Garcia so that we can help answer any questions you might have!
What is a probation violation?
AWhen someone resolves their case upon a “plea deal” or alternative to trial, they are often sentenced to probation and ordered to complete various terms as part of probation. Those terms usually include to appear at all court dates, complete things by the deadlines ordered by the court, and to obey all laws. If for some reason a client picks up a new case or fails to comply with any terms of probation, they risk being in violation of probation. If you are at risk of being found in violation of probation, you are entitled to a formal probation violation hearing where you can provide evidence of why you are not in violation. If you believe you may be in violation of probation, contact the Law Offices of Antonio R. Garcia so that we can determine your options and answer any questions you might have!