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Can Police Lie to You During an Interrogation in California? Miranda Rights Explained
Police can legally lie to you about evidence, witnesses, and what your co-defendant said. What they cannot do is question you in custody without a Miranda warning or coerce a confession. Here is how the rules actually work in California.
Daniel Gramling, Esq.
Nov 411 min read


Can Police Search Your Home Without a Warrant in California?
Police generally need a warrant to enter your home, but consent, emergencies, hot pursuit, probation and parole terms, and arrests create exceptions. Here is where the lines are drawn in California and how a 1538.5 motion can keep an illegal search out of court.
Daniel Gramling, Esq.
Oct 2812 min read


A Detective Called Me: Do I Need a Lawyer Before Talking to Police in California?
A detective called and wants your side of the story. Here is what that call usually means, what happens if you talk, what happens if you do not, and how a lawyer can intervene before charges are filed in Riverside, San Bernardino, or Los Angeles County.
Daniel Gramling, Esq.
Oct 1913 min read


What Is a Pitchess Motion in California? Evidence Code 1043 Explained
When a criminal case comes down to an officer's word against yours, a Pitchess motion under Evidence Code 1043 can open the officer's personnel file for prior complaints of excessive force, dishonesty, or planted evidence. Here is the standard, the procedure, and how defense lawyers use it in resisting arrest, DUI, and drug cases.
Daniel Gramling, Esq.
Oct 1611 min read


Are DUI Checkpoints Legal in California? Your Rights at a Sobriety Checkpoint
Sobriety checkpoints are legal in California, but only when police follow the Ingersoll rules. Here is what you must do, what you can refuse, and how a defective checkpoint stop can get evidence thrown out.
Daniel Gramling, Esq.
Oct 1011 min read


Is Evading a Police Officer a Felony in California? Vehicle Code 2800.2 Explained
Evading a police officer can be a misdemeanor under Vehicle Code 2800.1 or a felony under 2800.2 when the driving shows willful or wanton disregard. Here is what the prosecutor must prove, the defenses that actually work, the sentencing range, and the license, firearm, and immigration consequences.
Daniel Gramling, Esq.
Oct 111 min read


Is Carrying a Concealed Gun a Crime in California? Penal Code 25400 Explained
Carrying a concealed firearm without a license is a crime under Penal Code section 25400, and it becomes a felony in several common situations. Here are the elements, the vehicle and home exemptions, the defenses, and the consequences.
Daniel Gramling, Esq.
Sep 3011 min read


Can the Police Use Your Text Messages Against You in California?
Most people understand that police may look at: drugs weapons surveillance footage fingerprints witness statements during criminal investigations. What many people do NOT realize is that modern criminal cases increasingly revolve around: phones. And more specifically: text messages. Today, prosecutors regularly use: text messages Instagram DMs Snapchat messages deleted conversations screenshots group chats call logs iPhone extractions social media messages as major
Daniel Gramling, Esq.
May 297 min read


Can Police Search Your Car in California? What Drivers in San Bernardino and Riverside County Need to Know
One of the biggest misconceptions people have during traffic stops is: “If I say no, the police can’t search my car.” Unfortunately, it is not always that simple. Every day throughout: San Bernardino County Riverside County Redlands Rancho Cucamonga Ontario Fontana the Inland Empire drivers are searched during: traffic stops DUI investigations probation checks drug investigations firearm investigations warrant investigations And many people never fully understand: wha
Daniel Gramling, Esq.
May 276 min read
Understanding Your Rights When Questioned by Police in California
If you are being questioned by police in California, your instinct may be to explain yourself. However, this instinct can often lead to damaging your own case. The truth is simple: once law enforcement is involved, you cannot talk your way out of a criminal case. Your Right to Remain Silent You have the right to remain silent. This right exists for a reason. It protects you from making statements that can later be used against you. Using this right does not make you look gu
Daniel Gramling, Esq.
Apr 263 min read
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