Criminal Defense, DUI & Domestic Violence Attorney Serving Palm Springs, Indio & the Coachella Valley

Not directly, the prosecutor controls that. But under California Penal Code 1219, the alleged victim cannot be jailed for refusing to testify. A witness who lied to police can invoke their 5th Amendment rights and stay silent. Whether that helps or hurts your case depends on the details — something you should walk through with a real attorney before anyone makes a move.

Rule #1: Shut up. They aren’t your pals. Police are not interviewing you; they’re building a case against you. Remember, they’ve been trained to get you talking. Your attorney should do all the talking with the police.‍

Rule #2: Save everything significant. Screenshots, messages, photos, social media — all of it. Upload it somewhere safe, like cloud storage, where an attorney can have access to it.

Rule #3: Talk to an attorney ASAP. Early mistakes can come back to bite you down the road.

Even a misdemeanor domestic violence case where nobody was injured (California Penal Code 243(e)(1)) can still blow up your life:

• County jail time
• 3 years probation
• 52-week classes
• Loss of 2nd Amendment rights (no firearms)
• Deportation consequences for non-citizens
• Losing custody or parenting time with your children

For first-time, no-injury misdemeanor DV cases where the client has no prior record, Mulligan Defense has a 99% “no actual jail” track record. And here’s the part other firms don’t tell you: even if you’re convicted as charged, any “jail” time in these cases is almost always served on the Sheriff’s Labor Program. You show up on your days off, do community service, and go home. No cells, no orange jumpsuit and no midnight count. A lot of lawyers use the fear of jail as a sales pitch; we’d rather just tell you how it really works.

Felony DV? Now you’re looking at potential state prison time. That’s when the stakes change, and this is not the time to wing it by trying to represent yourself in court.

Rule #1: Do NOT talk to the police under any circumstances.  Not today, not tomorrow, not “just to clear things up.” You will be doing more harm then good. Their job is to get a confession. Yours is to stay free, so let your attorney do the talking.

Sometimes. Many sex offenses carry a 10-year statute of limitations. Some more serious charges carry a statute of limitations up to 40 years.

Unfortunately, yes. Corroborating evidence isn’t required. That’s why these cases require an attorney like Joshua Mulligan who knows how to expose any gaps in the accusation, motives, and the missing pieces the prosecution hopes no one will notice.

Yes, it’s possible. If it’s simple possession for personal use, California Penal Code 1000 or California Penal Code 1001.95 might give you a shot at classes instead of a conviction that will follow you around forever.

Sometimes. It depends on your history, the judge, and the facts. Ultimately, Attorney Mulligan explores all possibilities to help the judge decide whether that path makes sense.

Under California HSC 11351 and HSC 11378(c) Distribution/sales charges carry heavy consequences, especially for drugs like fentanyl. First-timers might get a shot at probation. If this isn’t your first rodeo, now you’re talking about doing time in state prison.

A DMV APS (Administrative Per Se) hearing is a separate battle where the DMV tries to suspend your license before you ever see a courtroom. You’ve got 10 days to request it. Miss that? Automatic license suspension.

If you’re convicted of California VEH 21352 or the DMV finds a blood alcohol content of 0.08%+, yes your license will be suspended. That said, you may still qualify for a restricted license. That’s where Mulligan Defense comes in.

Click here to calculate your suspension and for instructions to get a restricted license.

In the state of California, first time DUI convictions usually carry a sentence of:

• 3 years of informal probation
• Thousands of dollars in fines
• DUI class
• 6-month license suspension

Not to mention your lost wages and an angry boss as you go to regular meetings with your probation officer and any other hoops that the court wants you to jump through.

First-time DUI convictions where no one else was injured favor probation over jail. Joshua Mulligan has a 99% success rate keeping first-time DUI clients out of jail, as long as they were no-injury cases. Conversely, third-time DUIs and injury cases are typically the ones sent to jail. Repeat offenses need to be treated with the utmost care by a top attorney like Joshua Mulligan who knows how to handle these cases.

Under California Family Code 6320 a restraining order can subject you to a battery of consequences.

In addition to the stay away order, you may have to face:

• 52-week batterer intervention class
• Loss of child custody
• Loss of 2nd amendment rights
• In some situations, a restraining order may impact employment

You file a DV-120 at least five days before the hearing. Tell your story clearly and fully. Attach witness statements, exhibits, and serve it properly.

You can serve the DV-120 by mail. Make sure to file the proof of service with the court.

Both sides present evidence and testify. Judges take these seriously, which is why your preparation matters. Mulligan Defense will help you every step of the way.

If you were on probation and finished without violations, the judge has to grant the California Penal Code 1203.4 dismissal. Getting your expungement petition granted is more about filing the correct paperwork—not sophisticated legal work, despite what other firms may claim.

Probation violations are another story. Now the dismissal becomes discretionary, and that’s when storytelling and proper advocacy matter.

Yes, changes in the law in recent years now allow for expungement after a state prison sentence.

An expungement after prison is discretionary. This means that the judge reviewing your case must be convinced that you have earned the expungement.

Yes, it is possible. If the charge has the potential to fall into either misdemeanor or felony territory (known as a wobbler), you can apply for a reduction after completion of probation.

Common wobblers are:

• Domestic Violence (California Penal Code 273.5).
• Assault with a deadly weapon (California Penal Code 245)

• Vandalism over $400 (California Penal Code 594).
• Commercial Burglary (California Penal Code 459).