FAQ - GEREIS LAW

"I got pulled over for DUI and my blood alcohol concentration (“BAC”) was above the legal limit. What should I do?"

First, and foremost, consider invoking your constitutional right against self-incrimination, exercising your right to remain silent, and request to have an attorney present during custodial interrogation. Secondly, there are two different tests conducted to determine a person’s BAC, namely the Preliminary Alcohol Screening Test, and the Evidentiary Test. Contact an attorney to inquire about the consequences of refusing each test. Further, you have the right to decline field sobriety tests, which are designed to measure whether a person is impaired. Finally, there are many factors that may potentially affect a person’s BAC, and many defenses to explain why tests yield high readings. Contact Gereis Law today for a free consultation.

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"What is the effect of a criminal protective order (“CPO”) being ordered against me? Is there a way to modify a CPO after it has been ordered by a court?"

A criminal protective order prevents the subject of the CPO from communicating with or contacting the protected person, whether that communication or contact is telephonic, electronic, written, or through a third person. However, a CPO can be modified to a No Force or Violence Order by having the protected person make a representation to the court requesting the modification, and the basis for it. Contact Gereis Law today for further information.

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"Are there any alternatives to serving a criminal sentence locally in the county jail?"

Yes! Misdemeanor sentences and some minor felony sentences are eligible to be served in the county jail pursuant to Penal Code section 1170(h). For those sentences participation in the Kern County Sheriffs Work Release Program is an alternative way a person can serve their sentence. Community service may also be a viable option in certain cases. Contact Gereis Law for further details.

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"Why am I being charged with possession of a controlled substance for sale, when I only possessed the controlled substance for personal use?"

In certain cases, the quantity of a controlled substance recovered on a person, in their vehicle, or residence, in and of itself can be the basis of a drug sales charge. In other cases certain indicia of sale may have been recovered at the scene. Contact Gereis Law for a free consultation today for further information.

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About Gereis Law:

Gereis Law prides itself on our commitment to vigorously representing our clients at trial. We have tried a variety of cases ranging from DUI’s and receiving stolen property to domestic violence and elder abuse. Being in the business of fighting for justice, we are relentless in ensuring that we provide diligent, dedicated, defense at every stage of the litigation process.

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“Make decisions every day that never allow another person to decide that the debt you owe to society for your decisions is your liberty.”

– Henry G. Gereis

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Frequently Asked Questions

Frequently Asked Questions