Nigel Villanueva Frequently Asked Questions

Typically, police need a warrant to make an arrest. However, according to California Vehicle Code 40300.5 and Penal Code Section 836, police can make an arrest without a warrant. Specifically, an arrest without a warrant is permitted: (1) when an offense is committed in the presence of law enforcement, or (2) if the police officer has probable cause to believe the person committed a felony regardless of whether it took place in the officer’s presence.

For more information about warrants or a restraining order in Torrance, CA, call us today.

If law enforcement wants to ask you questions while you are in custody, they first must inform you of your Miranda rights. Miranda rights include the right to remain silent and the admonition that any statements you make will be used against you in your case, the right to have an attorney present during police questioning, and the right to have an attorney appointed if you cannot afford one. If the police take you into custody and conduct an interrogation but fail to advise you of your Miranda rights, the statements you provide to the officers are inadmissible as evidence against you in court and should be thrown out.

If you are in custody due to a drug crime or a restraining order in Torrance, CA, call the Law Office of Nigel Villanueva today.

After you have been arrested, you have the right to remain silent and the right to an attorney. If you are pressured to talk to the police and give them information without your attorney present, your rights after an arrest are being violated. You can and should exercise your right to remain silent by asserting your Fifth Amendment right against self-incrimination. One of the costliest mistakes you can make is providing statements to the police before consulting with an attorney.

Anything that you say to law enforcement can be used against you. Some of the most damaging evidence in criminal cases is the accused’s own statements. It is generally in your best interest to decline to answer any substantive questions and immediately seek legal counsel. Simply tell the police that you will not answer any questions until you can talk to your lawyer.

For more information about your rights after an arrest or a restraining order in Torrance, CA, call us today!

A misdemeanor in California is a crime for which the maximum sentence is up to one year in county jail. Depending on the severity of the crime, those accused of one of these offenses could have to pay a fine of up to $1,000 or more. Examples of misdemeanors include prostitution charges, public intoxication, and petty theft.

Felonies are more serious and carry with them much stricter penalties. If you commit a felony – such as murder – in California, you face up to life in prison, hefty fines, and a tarnished reputation that will follow you around forever.

If a restraining order in Torrance, CA is violated, it is a misdemeanor for a first offense. It can be a felony if the defendant has prior restraining order offenses. 

California’s Three Strikes sentencing law was enacted in 1994 and significantly amended in 2012. The law is intended to enhance sentences for repeat violent felony offenders. Under the current version of the law, defendants convicted of a serious and violent felony who have two or more prior strikes can be sentenced to 25 years to life. Increased penalties are also assessed for people who are convicted of a second offense under this law, even if they have not yet accrued three strikes.

For more information about the Three Strikes law or the felony for a restraining order in Torrance, CA, call the Law Office of Nigel Villanueva.