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The Timeframe Of Resolution For Criminal Cases In California

Interviewer: How long do criminal cases usually take to resolve, what’s the least amount of time and what’s the maximum amount of time they could possibly take?

Matthew Murillo:  There is no minimum or maximum, it generally depends on how quickly we can get through our investigation and how quickly we can use that, in turn, to negotiate a result that works for the client.  We have had cases that finish up in a month to 2 months, as well as cases that take a year and a half.  It ultimately depends on what evidence is available, and how long it takes to get that desired results.  Sometimes we can do it during negotiations, sometimes we have to file certain motions, sometimes we actually have to set a case ready for trial. But there is no magic timeframe for that.

The Role of Miranda Rights In a DUI Case in the State of California

Interviewer: Do they come into play when someone is arrested? For DUI? Does it on happen roadside or can they happen anywhere, what’s the story behind that?

Matthew Murillo:  There is no specific location where they would come into play – meaning, you don’t have to be on the roadside, you don’t have to be at the jail. It kind of depends on what is going on, but you do have to be in custody.  Most of the time, it’s when you are going to be arrested. Whether you are roadside, whether you are in jail, whether you are in your house, you just have to be in custody, and you are about to be questioned.  That’s when you have to be advised of your Miranda rights, before an officer starts questioning you.

In the Context of DUI an Officer Can Conduct an Investigatory Detention and Not Read the Miranda Rights

In the context of DUI, because that’s what you mentioned, there is an exception where the officer can contact you, and conduct an investigatory detention, and not have to read you your Miranda rights. Meaning that they do not have to read you your Miranda rights because, the argument goes, the officer is just investigating to see if there is anything going on. That doesn’t mean you cannot invoke them.  You can definitely say that your exercising your Miranda rights, and you will remain silent at any point of an officer contact. They don’t have to bring them up for you be able to say you’re exercising those rights.

Alternative Punishments to Jail for First Time Criminal Offenders in California

Interviewer: What are some of the alternative punishments to jail that someone might qualify for?

Matthew Murillo:   There are actually several options.  There’s house arrest, which generally speaking, most agencies that do the home detention, will let you go out to work, go out to satisfy any probation meetings that need to be done, like alcohol classes, AA meetings,, Community Service, etc. Home Detention is basically:  you go to work, you go to whatever probation required programs you need to do, any program meetings, and you come home and you have to be at home between certain hours.

There is a Work Release Option which is Basically Community Service Done through the County Sherriff’s Office

There’s also a work release option, which is basically community service, but it’s usually done through the county sheriff’s department.  This is where you enroll in the program and then they assign you a work site, which can be a school, it can be church, it can be working at the jail facility. And you basically go there and work for a day, regular 9 to 5 job, every day you have off from your normal job. Sometimes you can simply convert it to, just basic community service where you find your own place, and you keep your own track of hours.  What options are available, depends on the county, but usually those are the main ones.

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