FAQ

Generally, the police require an arrest warrant to execute an arrest. But per the state's PC 836 and VC 40300.5, a police officer can arrest a person without an arrest warrant. Specifically, placing a person under arrest without an arrest warrant is allowed if:

• A crime is committed in the presence of the police.
• The law enforcement officer has probable cause to believe the offender committed a felony irrespective of whether it occurred in the officer’s presence.

Finding an experienced criminal defense attorney is critical when accused of a crime. When determining who to hire for legal representation of your criminal case, you must hire a lawyer with extensive experience defending against charges similar to yours. Also, choose an attorney with a proven track record and one who will dedicate their time, energy, and resources to fight for your rights. At San Diego Criminal Defense Lawyer, we pride ourselves on providing dedicated, knowledgeable, and aggressive legal representation and counsel to our clients. Contact us today at 619-695-1677 for help if you have been charged with a criminal offense and have questions regarding your charges.

If the police want to interrogate you while in their custody, they must first read your Miranda rights. Miranda rights entail the legal right to stay silent and the warning that anything you say can and will be used against you in court, the entitlement to a lawyer, and the appointment of one if you cannot afford them. If the arresting officer takes you in and interrogates you without reading Miranda rights to you, any information you give them is not admissible in court as proof against you, and the judge ought to suppress it.

State criminal charges involve violations of state laws. These charges can be tried in the state court system. On the other hand, federal cases entail violations of federal statutes. These charges are pursued by the United States attorney’s office under the Federal court system.

Generally, misdemeanors are less severe criminal offenses. Under California law, these crimes are not punished by a prison sentence. They are punishable by a jail sentence, which in most cases is of one year or less, and a fine not exceeding $1,000. But under federal statute, misdemeanors can be punished by a prison sentence.

Felonies are more severe crimes. They are punished by one or several years of a prison sentence plus hefty fines. Under federal law, felonies are also punishable by a prison sentence, fines, and other penalties. The punishment for felony and misdemeanor crimes varies depending on the type of charges against you and your criminal record.

Generally, attorney fees vary depending on the lawyer’s experience, quality of work, and the type of crime committed. The legal fee for lawyers with extensive qualifications and experience will be higher than for attorneys with less experience and qualifications. Additionally, the legal fee for representation associated with severe charges will be higher than representation linked to a minor offense.

A dismissal occurs when the prosecution drops your criminal charges. This could happen after the D.A, or their assistant reviews the facts surrounding your case then decides that the proof against you is not strong enough to sustain a conviction or your case is not worth criminal prosecution. Under given circumstances, a judge can grant a case dismissal if you attend particular classes or do community service.

An expungement occurs when your criminal conviction record is deleted— all court records related to your criminal case are destroyed. After an expungement, you can honestly state that you have never been found guilty of a crime on a loan or job application. Expungements are challenging to obtain. If you need to know whether you qualify for an expungement or not, talk to a criminal defense lawyer.

A plea deal refers to an agreement where the accused agrees to enter a no contest or guilty plea, and in turn, they receive a lenient sentence or lesser charge. Prosecutors offer plea agreements to resolve criminal cases effectively. A plea deal could eliminate the likelihood of a trial or facing harsher consequences if you lose the court trial.

Only an experienced and seasoned criminal defense lawyer will know whether you can agree to a plea bargain. It takes knowledge and skill to see if you have hit rock bottom and when an idea can be put to a practical test. Any attorney could tell you to agree to any offered deal. However, it takes an experienced lawyer to obtain the absolute best plea deal for you.

Whether you should agree to a plea deal or not is based on the precise circumstances surrounding your case. After sound counsel and careful deliberation, you can decide whether the offered plea deal would be in your best interest. A dedicated lawyer will do all they can to negotiate the most favorable plea deal with the prosecution.

After being arrested, you are entitled to legal counsel and the legal right to remain silent. If a police officer pressures you to speak to them and you give them info without your lawyer's presence, they are violating your after-arrest rights. You could and should exercise your right to stay silent by invoking the Fifth Amendment right against self-incrimination. One of the most expensive mistakes you could make is giving information to law enforcement officers before consulting a lawyer.

The authorities (prosecutor, police, judge) can use any information you give to the police against you. Among the most detrimental proof in criminal-related cases is the defendant's statement. Generally, it is in your interest to refuse to respond to any questions that seem substantive and seek an attorney's advice immediately. Simply inform the law enforcement officer in charge that you decline to respond to any of their questions until they let you speak with your attorney.

Generally, if you are arrested, the arresting officer will take you to the nearest police station or jail, where you will undergo booking. By booking, it means the arresting officer will take your biographical, historical, and personal details. They will refer to this information when determining if you have any outstanding warrant against you or criminal history to assess whether you can be set free or not and whether you must pay bail.

After booking, the arresting officer will ascend your case to the prosecution's office, and the prosecutor will decide whether or not to file charges. Once charges are filed, the judge will require you to appear in court.  The police may also confiscate materials, records, and property as evidence during the arrest process.

When you have been charged with a crime, you will be required to appear in court to answer those charges and for other subsequent hearings. The first court appearance you make after the prosecution has pressed charges against you is called the arraignment. The judge will read your criminal charges during the arraignment and ask you how you plead. You are supposed to appear at the arraignment. But per PC 977, your lawyer can represent you if facing misdemeanor charges except if it is DUI or domestic violence, and the judge has directed that you show up.

Even if the charges against you and the criminal court process are making you feel overwhelmed, do not say anything that will make you regret it along the way. Speak to your lawyer and prepare well for your arraignment. An experienced criminal defense attorney will ensure your arraignment goes well.

Generally, if you have been placed under arrest, you have to be arraigned in court, at which stage the judge will read to you your charges. After the judge reads the charges, you will enter a plea. You can plead guilty, not guilty, or no contest to the charges. If you plead no contest or guilty, your case proceeds directly to the sentencing hearing. If you plead not guilty, the judge addresses the bail issue. Note that you are entitled to a lawyer during the arraignment. If you cannot afford an attorney, one will be appointed for you.

After the arraignment, the pretrial process follows, which is the procedure from arraignment to right before your trial starts. A majority of cases are resolved during this process. For instance, the prosecution may drop the charges, or the accused may agree to a plea deal and advance to a sentencing hearing. The pretrial process can take up to forty-five days and longer for more complex cases.

Pretrial refers to all proceedings that can occur before a trial, including court appearances, discovery issues, motion filing, and negotiation/plea bargains. If your case is not resolved during the pretrial phase, it will proceed to trial. If you are found guilty after your trial, a sentencing hearing will be held where the judge will pronounce your punishment. Before the sentence is pronounced, your lawyer can represent mitigating factors to justify a lenient sentence. On the other hand, the prosecutor can present aggravating factors to justify a harsher punishment. If you are not content with the verdict at trial, you can appeal your case in the appellate court.

If you have heard there is a warrant for arrest against you, it counts whether it is an arrest or bench warrant. Most people are familiar with arrest warrants. A judge issues an arrest warrant to the police once sufficient proof has been collected that causes the police to believe an offense was committed and you may be responsible for that crime. This warrant empowers the police to arrest and detain you pending charge filing.

A bench warrant is similar to a warrant of arrest, but there is one significant difference. When it comes to bench warrants, the court is requesting the police to bring you into custody since the judge believes you have violated court rules or you have been in contempt of court. Prevalent reasons that could lead a judge to issue a bench warrant include:

• Failure to pay court-ordered fines or a ticket.
• Failure to show up for jury service.
• Violating probation.
• Failure to show up for a court hearing.
• Failure to pay child support.

Parole and probation do not mean the same thing. Parole is a shortened period spent in prison, while probation is an alternative to incarceration. When the judge imposes a probation sentence, it means they are suspending your incarceration period in exchange for obeying specific terms and conditions. These terms and conditions can include attending rehabilitation programs, attending your school/job, and regularly checking in with your probation officer. Parole is meant to help offenders complete their sentence out of prison if already they have served part of their sentence.

The state's Three Strikes law was passed in 1994 and notably amended in 2012. This law is meant to increase sentences for any violent felony repeat offenders. Per the current Three Strikes law version, a defendant found guilty of a violent and serious felony who has two or several prior strikes could face twenty-five years in prison to life imprisonment. The enhanced punishment is also imposed on individuals found guilty of a 2nd offense under this statute, even if they have not yet accrued three strikes.

You should anticipate that your lawyer understands the law and has experience defending against the kind of charges against you, plus experience in the court where your charges were brought and that they are a skilled negotiator and litigator. Not all defense attorneys have experience in both federal and state courts. Therefore, you want to determine where the lawyer has practiced and if they have defended similar charges to yours.

Additionally, you should anticipate the lawyer’s assistance with assessing your legal options, risk evaluation, and alternative scenario planning. By this, it means the lawyer will listen to your situation objectively and that they will assist you in understanding the potential scenarios, assess the cons and pros of the available options, assess properly any risks involved, and communicate with you clearly about the most favorable course of action.

You should anticipate that the lawyer's communication will be timely and open, that all copies of the records and filings produced by the government and lawyer on your case will be availed on time, and that the lawyer will return your calls within a reasonable timeframe. The lawyer must provide info regarding your case proceedings and potential outcomes on time, so you have the time to prepare for whatever results.

You should anticipate that communications between you and your lawyer will be confidential and that your lawyer will make you feel comfortable and not judge you when you open up to them with information regarding your case. Lastly, you should anticipate that your lawyer will be practical and creative so that they can find the most favorable resolution to your case.

If the judge has issued an arrest warrant against you, you want to reach out to an experienced criminal defense attorney. The lawyer will help you establish a solid defense strategy for what you are being accused of.

Based on the lawyer you have hired and your case, you may need to reach the criminal trial stage. When the prosecutor files charges against you and the court cannot reach a verdict in the early stages of the criminal process, your case has to proceed to trial. However, to avoid a court trial, your attorney may be capable of convincing the prosecutor that your case is not worth trying. Or, they may be capable of proving that the prosecutor did not file the charges on a legal basis. If that is the case, your case may be dismissed.