Criminal defense attorney Tina M. Barberi, PC

Law Offices of
Tina M. Barberi, PC

DUI | Criminal | Traffic Defense

(559) 447-1240

Call Today: (559) 447-1240

10 Things You May Not Know about Criminal & DUI Charges.

May 7, 2015

10 Things You May Not Know about Criminal & DUI Charges.

After the arrest or investigation of a criminal or DUI charge, law enforcement will write a police report, which details the officer’s version of the events.  This report is used to prosecute the accused and is unlikely to have all the details that could assist the suspect. 

Am I entitled to a police report if I am a suspect?

Anyone accused of a crime is generally not entitled to a report because it contained witnesses’ names and other relevant information that may lead to the witnesses’ identity.  Once a report is prepared, the police department will forward the report to the prosecutor for review. 

What is a criminal complaint?

A criminal complaint is a charging document that names a defendant and contains a short statement of essential facts about an alleged crime.  Prosecutors (sometimes referred to as district attorneys), and/or U.S. Attorneys will file most criminal prosecutions in federal or state court.  When a complaint is filed with the Court, it formally begins the criminal process.  At this stage, many constitutional rights attached, including the right to an attorney and the right not to testify against one’s self.

Where are criminal complaints filed?

State courts hear most DUI cases unless the crime occurred on federal lands or State boarders are crossed.  All law enforcement will submit police reports and requests for the issuance of a criminal complaint to the prosecutor.  Every report must be reviewed in a timely manner to determine if sufficient evidence exists to support the filing of a criminal complaint.  The district attorney should ensure they are able to prove beyond a reasonable doubt that a crime was committed and the defendant committed the crime.

What does filing criminal charges mean?

Prosecutors are not required to file a complaint for all requested charges.  They may reject or decline the request or send it back to the law enforcement agency with a request for additional investigation.  If the case is rejected, the file is closed and no additional work is done unless another request is received that contains additional evidence.

Does the District Attorney have to file all charges against me?

When the prosecutor elects to file a complaint, they are not required to file every charge.  In many cases, only the most serious offenses are filed. For example, if the officer pulls a person over for speeding and then arrests the driver for DUI, the district attorney may only file the DUI charges.  If the prosecutor files charges and later learns that there is not enough evidence to prosecute, the charges, or even the complaint, may be dismissed against the defendant.  Just because the DA does not file all charges does not mean that you do not have to defend the DUI.

What happens to my case if the DA fails to file all charges against me?

On the other hand, if the patrol officer did not request prosecution on certain crimes, but the prosecutor believes more crimes have been committed, the prosecutor may elect to file more charges than was requested by the officer.  The prosecutor may amend a complaint to add or remove charges at any time before trial, and in some instances, even during trial.  

What if I am in jail awaiting arraignment on the complaint?

Within two court days of arrest, the suspect will appear again for an arraignment if he's being held without bail. If he's been released from jail, the arraignment could be months or weeks after the arrest. Arraignment hearings require the judge to inform the defendant of the charges, including any prior offense allegations. At arraignment, the most common pleas are guilty, not guilty or no contest.If the suspect was jailed pending the issuance of a complaint, the suspect will be released from custody.  This can lead to a false sense of security by the suspect because jail officials may tell them no charges are pending or they were dismissed, which is not the case.  If the file is reopened, the District Attorney may file a complaint, without notifying the defendant.  This will result in an arrest warrant, many times without the defendant knowing of the case, the charges, or even the court hearing.

Can criminal charges be added to a criminal or DUI complaint?

Adding charged to a criminal DUI complaint has become a common practice with Fresno County District Attorneys in order to force a client to enter a guilty plea to a DUI. The most common charge that is added for a DUI is lying to a police officer in violation of Vehicle Code section 31 if the driver did not tell the officer he drank and the correct amount of alcohol that is consumed. 

What is the complaint used for in a criminal case?

In misdemeanor cases, the complaint is what is read to the jury at trial.  If the case is a felony, the compliant is a preliminary pleading that is used initiate a case.  Once a defendant is held to answer after a preliminary hearing, an information is filed.  An information is required in all felony prosecutions.  Much like an arraignment, it sets out the charges against the defendant.  The information is used at trial for felony cases only.

Do I have a Right to a Criminal and DUI Attorney?

A defendant's Sixth Amendment right to counsel attaches when the government initiates adversarial criminal proceedings.  Arraignments are the first of many criminal proceedings and thus, the assistance of counsel clause is guaranteed by all defendants in misdemeanor and felony cases.

Because you have a right to counsel, it is important to choose a criminal and DUI lawyer to represent you at your arraignment.  If you have any questions on your rights at an arraignment or would like to discuss your criminal or DUI case for free, please feel free to contact us and we will gladly give you all the information so you understand your rights.

criminal arraignment, criminal chages, criminal charges against me, criminal warrants, dui arraignment, dui case, DUI charges, filing criminal charges, filing dui charges

Tina M. Barberi, criminal defense attorney in Fresno, CA, defends clients when they are charged with a criminal, DUI, or traffic offense. If you are charged with a crime, contact her now for a free consultation.

Criminal Law Posts

Criminal
Hire an experienced Prop 36 attorney to get your Prop 36 case dismissed in California.
Proposition 36? What They Don't Tell You Can Hurt You!
Possession Charges? You may be surprised to learn that drug charges may be on your record after completing a drug treatment program under Prop. 36. Find out how to make those charges go any like they never happened.
Tina M. Barberi
August 11, 2017
Criminal
Plea bargaining in the Fresno superior court will benefit you if you have an experienced and published attorney that knows the right methods.
Plea Agreements in Fresno? Avoid the Pitfalls.
Plea bargaining is commonly used in the Fresno criminal courts by district attorneys and lawyers, but how do you know if it is right for you? If you have ever wondered why plea bargaining is used, do not miss out on this post.
Tina M. Barberi
May 25, 2016
Criminal
Criminal and DUI lawyer, Tina Barberi will file motions to dismiss your case if your rights are violated in Fresno.
Speedy Trial Violations: Dismissals are Possible
The government is required to prosecute you within a reasonable period of time, and when there is a violation of a speedy trial right, it is serious. See if your case should be dismissed when the district attorney violates the law.
Gonzalo Quezada
April 18, 2016
Criminal
Cell phone laws are complicated and you should not try to fight an illegal search and seizure on your own.
Cellphone Location Data and Privacy in Fresno
Should officers be able to search your phone in Fresno? What rights do you have when it comes to your phone? Find out if your phone is subject to being searched by law enforcement and what can you do to protect your privacy.
Gonzalo Quezada
January 16, 2016
Criminal
Fresno criminal defense law firm will fight your medical marijuana case if you are criminally charged with a drug case.
Saving Lives: Protecting Patients with Marijuana
Questions on medical marijuana in the state of California? See what the problems with production and transportation of medical marijuana in the state and see what you can do to protect yourself as a user and patient.
Gonzalo Quezada
October 6, 2015
Criminal
Fresno's best criminal lawyer will make sure you have your rights protected at reasonable rates. Free consultation.
I am Innocent! Why Should I Hire a Criminal Attorney?
If you are facing criminal charges, it is difficult to know what your attorney is required to do for you. Learn what your constitutional rights are in order to obtain the best possible lawyer that can help you with your defense.
Tina M. Barberi
August 12, 2015
Criminal
Fresno Proposition 47 cases are delayed without an experienced attorney to do the correct paperwork to reduce your felony.
Is Proposition 47 Appropriate for Your Felony?
Before applying for Prop 47 Relief, make sure you qualify. Most people do not understand the new California Prop 47 laws and it is important to get the relief you are entitled to by reviewing our info-graphic.
Tina M. Barberi
May 13, 2015
Criminal
Do not go to court alone without an experienced criminal lawyer in Fresno. Free consultations to discuss your criminal and traffic cases.
10 Things You May Not Know about Criminal & DUI Charges.
The criminal justice system is very complex. Here are the 10 things you need to know to defend yourself in court, including frequently asked questions that will help you when you are facing criminal charges in Fresno.
Tina M. Barberi
May 7, 2015
Criminal
If you were in a DUI checkpoint and received a citation for a DUI charge, call a DUI lawyer in Fresno for free consultation.
Avoid a DUI Conviction on Cinco de Mayo!
Fresno police will be patrolling heavily on Cinco De Mayo, so read these quick tips to avoid being arrested and accused of a DUI. See why police use this holiday as a major source of revenue and how you can stop them.
Tina M. Barberi
May 5, 2015
Criminal
Police cannot search your cell phone if it is locked with a password without a search warrant in Fresno. Fight your call phone case.
Can The Police Take My Cell Phone And Search It?
Would you mind others snooping on your cell phone? If not, you are not alone. See what the US Supreme Court said about the legality of searching your cell phone and what you can do to avoid the police from viewing your cell.
Tina M. Barberi
April 22, 2015
Criminal
Charged with petty theft and do not want to do a petty theft class, call the best petty theft lawyer in Fresno, CA
Fresno County Tough on Petty Theft Charges
Have you been arrested or accused of petty theft? If so, you need to read the steps you need to take to keep from getting a petty theft conviction in Fresno County. This blog will explain the charge and how you can fight it.
Tina M. Barberi
April 16, 2015
Criminal
Bail is complicated and you need to understand the ways to get bond so you do not have to stay in jail in Fresno.
Bailing out of the Fresno County Jail
What is bail and why do I need it? Learn the ins and outs of bail and how to stay out of jail in Fresno. When facing criminal charges, it is important to know what your rights are concerning bail and whether you should use it.
Tina M. Barberi
April 2, 2015
Criminal
Do you need an expungement in Fresno criminal court? If so, call an expungement lawyer now to clear your record up fast.
Spring Clean Your Criminal Record Now!
If you are looking to cleaning your record, this is the perfect time to start. Your criminal record will stay on your record until you do something about it. Find out how easy it can be to clear your record with an experienced lawyer.
Tina M. Barberi
March 30, 2015
Criminal
A Fresno lawyer can make sure your request for Proposition 47 relief is granted. Without the right help, you could be denied.
Making the Right Decision Under Proposition 47
Proposition 47 is a great for so many citizens in California, but how do you know if you qualify for it? The best way to know for sure is to read this summary so you can check if you can get Prop 47 relief in Fresno County.
Tina M. Barberi
March 23, 2015
Criminal
Do you want to know if you qualify for Proposition 47 relief? If so, call us today to discuss your case for free.
Reminder to Reduce Your Charges Under Prop 47
If you have a Proposition 47 case and you are eligible to apply, make sure to apply for relief. Failing to do so will result in your charge staying on your record and you will still be considered a felon. Don't wait, call us today.
Jeanne Slaven
March 18, 2015
Criminal
A Fresno lawyer will determine if you can disclose the criminal charges you were convicted of when you call for free consultation.
Disclose Criminal Convictions in California Schools
If you want to obtain employment in a school in California, make sure you know how to answer the questions regarding your criminal record. Find out just what is required to be disclosed when you apply for jobs in Fresno.
Tina M. Barberi
March 18, 2015
Criminal
Want out of custody? Retain an experienced criminal defense law firm to help you in your criminal case in court.
When Will I be Released from the Jail in Fresno County?
Do you know the laws when you are arrested and held in the Fresno County Jail? If not, you must read this blog to see how long the government can hold you in jail without bringing criminal charges against you.
Tina M. Barberi
March 18, 2015
Criminal
Fresno Bail Bonds companies can get you out of custody, and so can a criminal defense attorney that works with you.
Why Should I Bail Out of Jail in Fresno?
No one wants to go to jail, but do you know what your rights are to bail? Find out if you are entitled to bail before you contact a bail bonds company in Fresno. In some cases, you may not even need to post bail -see why in this post.
Tina M. Barberi
March 4, 2015
Criminal
Not all witnesses will testify at preliminary hearings in Fresno, unless your criminal defense attorney call them to the stand.
Fresno County Preliminary Hearings in Court
If you are facing felony charges in Fresno County, you may be required to attend a preliminary hearing. See what the difference between a preliminary hearing and a jury trial, including what witnesses will testify against you.
Tina M. Barberi
February 19, 2015