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  "author": {
    "name": "Law Office of Angelo J. Reyes, APC",
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  "headline": "Myths vs. Facts About Criminal Charges in California",
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    "name": "Law Office of Angelo J. Reyes, APC",
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  "articleBody": "Facing criminal charges can feel overwhelming, and there's a lot of misinformation out there that can cloud your judgment. Separating common myths from the truth is crucial to making informed decisions and protecting your future. Let's clear up some misunderstandings about the criminal justice process in California.\n\nMyth: If the police didn't read me my Miranda rights, my case will be dismissed.\nFact: Not quite. Miranda rights (the right to remain silent and to an attorney) only need to be read if you are in custody and being interrogated by law enforcement. If they don't read them and you make incriminating statements, those statements might be suppressed, but the entire case isn't automatically thrown out. Other evidence can still be used against you.\n\nMyth: I should talk to the police and tell my side of the story to clear things up.\nFact: This is a common and often damaging misconception. While you might think you're helping, anything you say can be used against you, even if you believe you're innocent. It's always best to politely decline to answer questions and state that you wish to speak with an attorney first. Don't risk accidentally incriminating yourself or providing inconsistent information.\n\nMyth: A public defender isn't as good as a private attorney.\nFact: Public defenders are often highly experienced attorneys who handle a high volume of cases and are very familiar with the local courts, prosecutors, and judges. While a private attorney might offer more personalized attention due to a smaller caseload, the quality of legal representation from a public defender can be excellent. The best choice depends on your specific situation and comfort level.\n\nMyth: If the victim wants to drop the charges, the case will go away.\nFact: Once a criminal complaint is filed, the decision to prosecute rests with the District Attorney's office, not the alleged victim. While a victim's wishes might influence the prosecutor's decision, especially in cases like domestic violence, it doesn't guarantee the charges will be dropped. The state can proceed with the case even if the victim no longer wishes to cooperate.\n\nMyth: I can just expunge my record later, so it's not a big deal.\nFact: While expungement (which is more accurately called a dismissal in California) can help clear your record for many purposes, it doesn't erase the conviction entirely. It can significantly improve employment and housing opportunities, but it doesn't remove the conviction from your criminal history for all legal purposes, such as certain licensing or subsequent criminal charges. It's always better to fight the charges upfront if possible. If you're navigating criminal charges in San Diego County, understanding these facts can be crucial, and professional legal guidance is always recommended.",
  "datePublished": "2026-08-26"
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