Frequently Asked Questions

Answers to common questions about criminal defense in California. Don't see your question? Contact us directly.

Your Rights

Remain calm. The most important thing you can do is invoke your right to remain silent. Say: "I am invoking my right to remain silent and I want an attorney." Then stop answering questions. Do not consent to searches. Call a criminal defense attorney as soon as possible — ideally before making any statements to law enforcement.
Generally, no. In California you are required to identify yourself to law enforcement if detained, but you have a Fifth Amendment right to remain silent beyond that. You do not have to answer questions about where you've been, what you were doing, or any other potentially incriminating subject. Police are legally allowed to lie to you — the only person whose advice you should trust is your attorney.
Yes. You have a Fourth Amendment right to refuse consent to a search of your person, vehicle, or home — unless police have a warrant or a recognized exception applies. Calmly state: "I do not consent to a search." If they search anyway, do not physically resist — but the lack of consent may become critical evidence in your defense.
Miranda warnings are required before police can conduct a custodial interrogation. However, police can ask questions before formally arresting you without giving Miranda warnings. This is why you should invoke your right to silence and ask for an attorney from the very first contact with law enforcement.

DUI Questions

Yes. Even a first-offense DUI carries serious consequences: up to 6 months in county jail, fines totaling several thousand dollars, license suspension, mandatory DUI school, and a mark on your record for 10 years. An experienced attorney can challenge the evidence, identify procedural violations, negotiate reduced charges, and potentially get the case dismissed.
You can refuse the preliminary alcohol screening (PAS) breath test at the roadside without penalty if you are over 21 and not on DUI probation. However, once arrested, California's implied consent law requires you to submit to a chemical test (breath or blood). Refusing the post-arrest chemical test results in an automatic 1-year license suspension.
A DUI conviction stays on your California driving record for 10 years and counts as a prior for any subsequent DUI within that period. Depending on the circumstances, you may be eligible for expungement after completing probation — contact us to discuss your specific situation.

Federal Charges

State crimes violate California law and are prosecuted by the District Attorney in California Superior Court. Federal crimes violate U.S. federal law and are prosecuted by the U.S. Attorney's office in federal district court. Federal cases carry stricter sentencing guidelines, mandatory minimums, a 93%+ conviction rate, and different procedural rules. You need an attorney with specific federal court experience.
A federal target letter means the U.S. Attorney's office has identified you as a target of a federal grand jury investigation. This is extremely serious. Retain federal defense counsel immediately — do not contact the government, do not speak to investigators, and do not discuss the matter with others. The decisions made in the days after receiving a target letter can significantly impact the outcome of your case.
Federal mandatory minimum sentences are fixed prison terms a judge must impose for certain crimes regardless of mitigating circumstances. Drug trafficking offenses are the most common — 5 grams of methamphetamine triggers a 5-year mandatory minimum; 50 grams triggers 10 years. An experienced federal attorney knows how to argue for safety valve provisions and other strategies that may allow a sentence below the mandatory minimum.

Working With KN Law Firm

Attorney fees vary depending on the complexity of the case, the charges involved, whether the matter is state or federal, and whether it goes to trial. We offer a free initial consultation so you can understand your options before making any financial commitment. We are transparent about fees from day one.
Yes. Everything you share with us during a consultation is protected by attorney-client privilege, even if you do not ultimately retain our firm. You can speak freely and honestly about your situation without fear that the information will be disclosed to anyone.
Our office is located in Glendale, CA and we serve clients throughout Los Angeles County, the greater Southern California area, and all of California for state criminal matters. For federal cases, we appear in the Central District of California and other federal courts. Attorney Nalchadjian is admitted to the 9th Circuit Court of Appeals and the U.S. Supreme Court.
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