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Can a Criminal Conviction Get You Deported? Immigration Consequences of a California Criminal Case
For non-citizens, the immigration consequences of a plea are often worse than the sentence. This guide explains crimes involving moral turpitude, aggravated felonies, drug, firearm, and domestic violence grounds, the 364-day rule, Padilla and Penal Code 1016.3, and how to vacate an old plea under Penal Code 1473.7.
Daniel Gramling, Esq.
Oct 2011 min read


Can You Withdraw a Guilty Plea in California? Penal Code 1018 Explained
A guilty or no contest plea is not always final. This guide explains when a California court will allow a plea to be withdrawn under Penal Code section 1018, what good cause means, the deadlines, the immigration-based motion under section 1473.7, and what happens to the plea bargain if the motion is granted.
Daniel Gramling, Esq.
Oct 1514 min read


Is Disturbing the Peace a Crime in California? Penal Code 415 Explained
Disturbing the peace under Penal Code section 415 covers fighting in public, loud and unreasonable noise, and fighting words. This guide explains the elements, the defenses, the penalties, the firearm and domestic violence wrinkles, and why a 415 plea is so often the goal in battery, resisting, and domestic violence negotiations.
Daniel Gramling, Esq.
Oct 1513 min read


What Does Pleading No Contest Mean in California? Penal Code 1016 Explained
A no contest plea under Penal Code 1016 is a conviction. Here is what it does and does not protect you from, how the plea is taken, Cruz, Harvey, and Arbuckle waivers, withdrawing a plea under Penal Code 1018, and the immigration and record consequences.
Daniel Gramling, Esq.
Oct 1210 min read


How Does California's Three Strikes Law Work? Penal Code 667 Explained
A plain-English guide to California's Three Strikes law: what counts as a strike, how a prior strike doubles your sentence, when 25 to life still applies after Proposition 36, and how a Romero motion asks the judge to strike a prior.
Daniel Gramling, Esq.
Oct 1113 min read


How Does a Criminal Jury Trial Work in California? A Step-by-Step Guide
From the trial readiness conference to the verdict: how jury selection, motions in limine, the prosecution's case, the defense case, closing argument, deliberations, and hung juries actually work in California criminal court.
Daniel Gramling, Esq.
Sep 2711 min read


How Does Sentencing Work in California Criminal Court?
A practical guide to California criminal sentencing: how judges choose between probation, county jail, and prison, what the felony triad means, how credits and restitution work, and how to prepare for the hearing.
Daniel Gramling, Esq.
Sep 2611 min read


How to Get Criminal Charges Dismissed in California
Criminal charges in California get dismissed for specific legal reasons, not because a defendant asks. This guide explains the ten paths to dismissal, from a declined filing to suppression motions, Penal Code 995 and 1385, speedy trial violations, diversion, and civil compromise, and what each one requires.
Daniel Gramling, Esq.
Sep 2512 min read


What Happens at a Pretrial Conference in California Criminal Court?
The pretrial conference is where most California criminal cases are actually decided. Here is what happens in the courtroom and the hallway, what a time waiver means, how offers move, which motions get set, and the mistakes that cost defendants leverage.
Daniel Gramling, Esq.
Sep 2411 min read


What Is a Wet Reckless in California? Vehicle Code 23103.5 Explained
A wet reckless under Vehicle Code 23103.5 is the most common DUI reduction in California. This guide explains what it is, what it saves you, what it does not, and when a prosecutor in Riverside, San Bernardino, Los Angeles, or Orange County will offer one.
Daniel Gramling, Esq.
Sep 2311 min read


Do I Need a Lawyer for a Misdemeanor in California?
A misdemeanor is a criminal conviction with jail exposure, a permanent record, and consequences for immigration, licensing, custody, and employment. Here is what a defense lawyer actually does in a misdemeanor case and how to decide between a public defender, a private attorney, and going it alone.
Daniel Gramling, Esq.
Sep 2011 min read


How Does Mental Health Diversion Work in California? Penal Code 1001.36 Explained
Mental health diversion under Penal Code 1001.36 lets eligible defendants get treatment instead of a conviction, with the charges dismissed and the arrest sealed on completion. Here is how it works.
Daniel Gramling, Esq.
Sep 1911 min read


How Does Misdemeanor Diversion Work in California? Penal Code 1001.95 Explained
A judge can pause most California misdemeanors for up to two years and dismiss them on completion, even over the prosecutor's objection. Here is how Penal Code 1001.95 diversion works and how to ask for it.
Daniel Gramling, Esq.
Sep 179 min read


Should You Take a Plea Deal in California? What Criminal Defendants Need to Know Before Accepting an Offer
One of the most stressful moments in a criminal case happens when the prosecutor makes an offer and suddenly asks: “Are you taking the deal?” For many people, this happens before they even fully understand: the evidence the charges the long-term consequences the weaknesses in the case or what actually happens if they fight. Fear starts taking over. People begin thinking: “What if I lose at trial?” “What if I go to jail?” “What if this gets worse?” “Should I just get thi
Daniel Gramling, Esq.
May 266 min read
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