Prosecutors may wait until the criminal activity reaches a certain volume especially in white-collar crime. It is not unusual for criminal suspects to be under investigation for several years before they are even aware of it. The higher the dollar loss or quantitative volume, the bigger the case and the longer the potential sentence.

Many prosecutors tout above a 90% conviction rate. This is primarily because most cases never make it to trial. Most defendants end up taking a plea bargain rather than risk a potentially much greater prison sentence if they actually went to trial and lost. However, every case is different and you should not be discouraged by these statistics. A good attorney will significantly increase your chances at trial. Your chances of winning are based upon the evidence, the law and the experience, skill and preparation of your attorney.

In State Court, if you are sentenced to County jail, you will do 50-66% of your sentence, depending on the County. In State prison, you will do closer to 50% of your sentence for most non-serious crimes. In the Federal prison system there is no parole and you will serve at least 85% of that time.

In some situations, you first become aware of the investigation at the time of your arrest. However, many times you are aware of the investigation early on. In this situation, you need to immediately retain a good attorney. Usually when prosecutors are ready to make arrests, they send sheriffs or marshals along with investigative agents, bright and early, to the residences or places of employment. A favorite ploy of the government is to attempt to arrest you on a Thursday or Friday so that you will at least spend the weekend in jail before you can be released on bail. If you retain a good attorney early enough this situation can be avoided.

Yes, the police can stop a person, and ask questions, without “arresting” the person. Upon seeing suspicious activity, the police may temporarily detain people to request that they identify themselves. The police may ask questions but the person does not have to answer. The scope of the detention is limited to investigation of the specific suspicious activity, and if the police detain people to question them about additional matters, the stop can turn into an “arrest.” The police can perform a “weapons frisk” on the outside of a person’s clothes during most detentions.

An arrest occurs when a person no longer reasonably believes that he is free to leave. This is true whether the police have told you that you are under arrest. If a person is handcuffed, or locked in the back of a police car, or is otherwise restrained from leaving, the person will ordinarily be considered to be “under arrest.”

No, you can refuse the police permission to conduct a search. Remember that the only reason the police officer wants to perform a search is to obtain evidence of criminal activity. The fact that he is asking reflects an expectation that he will find something. You are entitled to say “No.” If the police officer has the legal right to perform the search, he will do so whether or not you agree. However, if he does not have the legal right to perform a search, your consent gives him that right. During an investigative stop, or a traffic stop, a police officer may ask if he can search you or your car. If you give the police officer permission, he can perform the search even if he otherwise has no legal right to do so.

The police have no obligation to announce, “your under arrest” when the arrest occurs, or to read a suspect his “Miranda Rights.” Typically, at some point the police will inform a suspect that he has been arrested. However, many defendants never receive their “Miranda Rights,” which relate to the validity of police questioning of suspects who are in custody, and not to the arrest itself.

For most misdemeanor offenses, a police officer can only make a warrantless arrest of a suspect if the offense was committed in the officer’s presence or has been directed to arrest you by a private person that witnessed the alleged crime. A notable exception is “domestic violence,” where the police are typically required to make an arrest, despite the fact that “domestic violence” charges are usually misdemeanor offenses. Officers can arrest people for felonies based upon witness statements, or where a warrant for the person’s arrest has been issued.

It is important to note that an “illegal arrest” does not mean that a person can’t be charged with a crime. If a person is arrested illegally, and is searched or questioned by the police, evidence gained through the search or questioning may be declared inadmissible. An experienced attorney will be able to determine whether the detention or arrest was without legal cause. However, there are circumstances where that evidence can be used despite the illegality of the arrest. Further, if a person has outstanding warrants for other charges, he may be detained on those charges, even though his initial arrest was illegal.

When the police make an arrest, they are entitled to search the suspect and his immediate surroundings “incident” to that arrest. If the police arrest a person who was driving a car, they ordinarily get the right to search the entire passenger compartment of the car. If the car is impounded, the police may perform an “inventory search” that includes the entire car and trunk.

The prosecutor will probably file at least two charges against you: Vehicle Code 23152(a), driving under the influence, and Vehicle Code 23152(b), driving with a blood alcohol of .08% or more. Although these charges are related, each is a separate misdemeanor offense and each carries a maximum penalty of 6 months in jail and a $1000.00 fine. If you have any prior convictions for DUI, the penalties are even more severe. If there was an accident and anyone was injured, the charges could be felonies. The officer will confiscate your license and give you a temporary one good for 30 days. After that, the DMV will suspend your license for four months (on a first offense), one year on a second offense, no matter what happens in court. To attempt to avoid this from happening, a DMV hearing must be immediately schedule. The DMV is completely separate from the courts and follow a lower standard of proof. There are only a few technical issues the DMV will consider. Your chances with an experienced attorney on your side are much better.