When you face criminal charges, many thoughts are likely to pass through your mind. You might be wondering whether you will end up in jail and how the criminal conviction will affect your career and other areas of your life. It's normal to worry about your future, freedom, and rights. Below are some of the frequently asked questions regarding California criminal defense:
FAQS
After an arrest in California, the law enforcement officers must read out your Miranda rights before they start questioning you. If the police fail to read your Miranda rights, you may use this as a basis to fight the criminal charges. The Miranda rights outline that a suspect has the right to remain silent. The law requires the police to give the suspect the admonition that everything they say could and will be used against them in a court of law. You have a right to legal counsel or to have your attorney present during the police questioning.
If you can't afford a criminal defense attorney, you have the right to have the court appoint an attorney for you. What should you do if the police arrest you and place you in custody without reading your Miranda rights? The judge may declare the statements you provided to the police inadmissible, meaning they won't count as evidence against you. You need the help of an experienced attorney to prove that the police violated your Miranda rights and negotiate for the exclusion of the illegally-acquired evidence from your case.
Typically, California law requires the police to have a warrant before arresting a suspect. However, in certain circumstances, the police can arrest you without a warrant, as outlined by California PC Section 436 and California VC 40300.5. The police do not require a warrant to arrest you if you commit an offense in the police's presence. The police can also arrest you without a warrant if they have probable cause to believe that you committed a felony offense. If the police believe you committed a felony, they can arrest you even if you didn't commit the felony in their presence. However, if you feel that the police violated your constitutional rights during the arrest, you should request your attorney to investigate.
Just like in the case of a criminal arrest, the police are required to have a warrant before searching your home or your vehicle. However, in some cases, the law allows the police to search your home or car without a warranty. This may happen if the police believe that you committed a crime or you are in the process of committing a crime. Many criminal cases are based on evidence acquired through illegal searches. With the help of an excellent criminal defense attorney, you can have all illegally obtained evidence excluded from your case.
When the police arrest you, you have the right to remain silent and to be represented by an attorney. The police will be violating your rights if they pressure or force you to speak in the absence of your attorney. You should exercise your Fifth Amendment Right against self-incrimination. The worst mistake you can make is giving a statement to the police without contacting your attorney. You might end up incriminating yourself even if you aren't guilty.
It's important to know that the police will be keen to note everything you say during the questioning. Your statements could have a devastating effect on your criminal case. You should refrain from answering any questions. If the police start questions, tell them that you would like to contact your attorney. Do not answer any substantial questions before you seek legal counsel. The fact that you have a right to remain silent doesn't mean that you should be rude to the police. You should cooperate with the police and not resist an arrest. Resisting an arrest could lead to additional charges.
The first appearance in court after being arrested for a crime is the arraignment. During the arraignment, your criminal charges will be read out to you. The law requires you to be present at the arraignment hearing. However, if you have committed a misdemeanor offense other than driving under the influence of domestic violence, your attorney can attend the arraignment on your behalf. However, if the court orders you to appear during the arraignment, you have to be present.
It's essential to prepare adequately for the arraignment. You should not say anything that you might end up regretting, even if you feel a bit overwhelmed by the court process. Your attorney will guide you and help you prepare adequately for the arraignment. As long as you seek the assistance of a reliable attorney, the initial hearing will go smoothly.
You don't have to remain in custody after an arrest. You can be released on bail as you await to attend a court hearing at a future date. The bail amount will be deposited with the court. The money serves as a guarantee that you will be available during future court hearings. You can place the cash bail if you have enough cash. You can use a bail bond company if you do not have the full bail amount. If you choose to use a bail bond company, the bail bondsman will post bail on your behalf. You will then pay a premium, a non-refundable fee of up to 10% of the bail amount.
In California, different counties have different schedules that the judges use to determine the bail amount. The bail amount will vary depending on several factors, including the type of offense. The bail amount is set after you are booked; you can pay the bail right away and get out of jail. There is a likelihood that the bail amount might change after the first court appearance. Therefore, it's essential to ensure that you speak to an experienced attorney before you even post bail.
Some of the factors that the judge considers when setting the bail amount are:
- The severity of the offense
- Your likelihood of not showing up in court after your release
- Your criminal record
If you feel that the bail amount is too high, you may request a bail hearing with your attorney's help. During the bail hearing, your attorney will negotiate to have the bail reduced or to have the amount waived.
The judge will consider several factors when deciding whether to release you on your own recognizance. He or she will assess your likelihood to appear in court when needed, your ties to the community, and whether you are a risk to yourself or the community.
If you are to attend a bail hearing, you should ensure that you communicate adequately with your attorney. Your attorney will help you gather all the necessary evidence to prove that you are eligible for a bail reduction or waiver.
In some instances, you may be released on your own recognizance. This means that you won't pay a bail amount. Instead, you will commit in writing to appear in court during the future court hearing. An OR (Own Recognizance) is a promise that you will appear in court. The judge will consider your criminal history and the severity of the crime while deciding whether to release you on your own recognizance. As long as the judge is convinced that you won't compromise public safety or fail to appear in court when necessary, you may get an own recognizance release.
When you commit an offense, the prosecutor may charge you with a misdemeanor or felony offense. A misdemeanor offense is a less severe offense than a felony. The maximum jail time for a misdemeanor offense is one year. Depending on the severity of the crime, the judge may order you to pay a fine not exceeding $1,000. The other potential penalties for a misdemeanor offense include informal or misdemeanor probation. While on misdemeanor probation, you don't have to keep meeting with the probation officer. The common types of misdemeanor crimes in California are petty theft, prostitution, and public intoxication.
A felony conviction is more serious and carries a severe penalty. If you commit a felony crime in California, such as murder or the penalties are harsh and may even include life imprisonment. Other potential consequences for a felony offense include hefty fines, paying restitution to the victim, and felony probation.
When you commit an offense, the prosecution has the discretion to decide whether to charge the offense as a misdemeanor or felony. The prosecutor must have enough evidence to back up the charges they intend to assign. At times the prosecutor may decide that your case is not worth pursuing, especially if the case has inherent flaws or you have a strong defense. The prosecutor will drop the case if they don't have enough evidence against you. The prosecutor will consider the factors of your offense and your criminal record when deciding whether to charge you with a felony or misdemeanor. It's crucial to involve a criminal defense attorney early in your case. An attorney will look for flaws in the prosecutor's evidence and negotiate with the prosecutor to reduce your charges or offer a plea bargain.
The prosecutor can only prosecute the defendant once for a particular offense. Therefore, the prosecutor must be careful when deciding how to assign charges.
A grand jury refers to a group of people responsible for deciding whether there is enough evidence against the defendant for the case to proceed to trial. When you are arrested for a crime, the grand jury will determine whether the prosecutor has enough evidence against you. When making this determination, the grand jury will consider several factors, including documentary evidence, witness testimony, and other available evidence. After considering all the elements, the jury will decide whether the case should proceed to trial. Your case will not move forward if the jury feels that the evidence is not adequate. However, the grand jury doesn't participate in all cases. It comes in serious felonies and federal offenses.
The penalties you will face after committing an offense will vary depending on:
- Your criminal history
- The type and seriousness of the offense
- The presence of aggravating factors
- The presence of mitigating factors
Most misdemeanor offenses are punishable with a jail time not exceeding one year and a fine not exceeding $1,000. The penalties for violations like felony crimes like rape and murder are more serious. You face the risk of hefty fines and incarceration if you are charged with a felony offense in Santa Ana. Grave felonies may even be punishable by death.
The California Three-Strikes Law is a sentencing scheme that gives the offender a jail sentence of 25 years to life imprisonment upon conviction of three violent offenses. The California PC 667 outlines the Three-Strikes Law. If you have a strike on your record and commit an additional crime, you will get double sentencing. You can fight sentencing under the California Three-Strikes law in several ways. You can file a Romero Motion with your attorney’s help and request the judge to remove a strike prior. You can also strive to have a felony offense reduced to a misdemeanor.
A plea bargain is an arrangement whereby the prosecutor agrees to reduce your charges, and you agree to plead guilty or no contest to a crime. Prosecutors offer plea bargains to be able to resolve cases efficiently. A plea bargain is worth it because it often takes away the risk of having your case proceed to trial, where you end up with harsher sentencing if you don't win the case.
However, you shouldn't accept a plea bargain blindly. You should consult your criminal defense attorney for counsel on whether the plea bargain is appropriate. It takes legal experience to determine when you should accept a plea bargain and when you should not. It takes an experienced attorney to negotiate with the prosecutor and get you an excellent plea bargain deal.
Whether to accept or not accept a plea bargain will depend on your case's specific circumstances. You require sound counsel and deliberation to determine whether a plea bargain is the right move.
A white-collar crime is an umbrella term that refers to several types of financial crimes commonly committed by professionals. The crimes revolve around theft, mishandling of money, and manipulating commodities, mortgages, stocks, and taxes. Unlike some crimes, white-collar crimes do not involve the use of force or violence. In most cases, white-collar crimes revolve around the misuse of trust and power. These crimes are known as white-collar crimes because they are perpetrated by non-violent criminals who hold professional positions, mainly in the finance industry.
All white-collar crimes have one thing in common. They are non-violent crimes mainly involving professionals seeking unlawful financial gains. A white-collar crime can involve a small or a large amount of money. The penalties for a white-collar crime will vary depending on the crime's extent and the money involved. White-collar crimes can attract both felony and misdemeanor charges. The typical white-collar crimes include:
- Bribery
- Fraud
- Forgery
- Counterfeiting
- Money Laundering
In most cases, white-collar crimes are prosecuted in federal court because they involve significant sums of money. The other reason why white-collar crimes are handled in the federal court is the increasing number of computer-related white-collar offenses involving sending sensitive information across several states. The federal investigators have the necessary expertise and resources to handle the complex white-collar crimes.
However, not all white-collar crimes are handled in the federal courts. Some of the crimes are handled in state courts if you are currently facing white-collar crime charges, which should work with an experienced criminal defense attorney who has handled a similar white-collar crime in the past.
It's essential to understand the potential consequences of a white-collar crime conviction. Therefore, you should not attempt to fight white-collar crime charges alone without the help of an experienced criminal defense attorney. In the past, most people charged with white-collar crimes only had to pay fines and restitution. However, this is not the case today. Many individuals have been sentenced to many years in prison for committing white-collar crimes.
Before the arrests of the criminals are made, investigators conduct long and in-depth investigations. The investigations may involve insurance investigators, internal audits, and federal law enforcement. You should contact a criminal defense attorney immediately if you suspect that you are a suspect of a financial crime investigation. Even if you did not commit a crime, you might find yourself facing charges because of another person's actions.
Every white-collar crime is unique, and the best defense strategy will depend on the specific crime you commit. Some of the common white-collar defenses include:
- Lack of Criminal Intent – Most white-collar crimes require the prosecutor to prove that the perpetrator of the crime had criminal intent. Therefore, you can fight white-collar crime charges by pointing out that you did not have criminal intent. For instance, you can state that you didn't intend to commit tax fraud, but you just made a genuine mistake while filing taxes.
- Police Entrapment – If you feel that you are a victim of police entrapment, you can fight the charges based on this fact. Entrapment is the most common defense for white-collar crimes. Whenever the police suspect that a person or a group of people are involved in a white-collar crime, they set up a sting operation to trap the suspect. However, it's against the law for the police to induce criminal activity.
Other common defenses that you can use to fight white-collar crime charges are:
- Incapacity
- Non-fraudulent schemes
- Plea agreements
- Intoxication
Yes, you can still face charges for possessing a controlled substance even if you did not consume the drugs. However, committing a drug possession crime doesn't necessarily mean that you will go to jail. Instead of jail time, the judge may recommend drug rehabilitation or drug addiction treatment. Other potential penalties include payment of hefty fines.
Yes. Even if prescription drugs aren't controlled substances, it is unlawful to possess the drugs without a valid prescription. Even if you possessed the drugs for personal use and you didn't intend to sell the drugs, the prosecutor might still charge you with drug possession if you have no prescription.
A drug conviction could have adverse immigration consequences, especially if you are a non-citizen. If a non-citizen commits a drug crime, the possible consequences include deportation, loss of visa, exclusion, and loss of Green Card. The adverse immigration consequences will apply even if you aren't convicted for the crime. If you find yourself in this predicament where your immigration status is at stake, you need an experienced attorney to defend you. You should go for an attorney who understands both California criminal law and immigration law. With the right legal representation, you will reduce the risk of being deported from the US.
You might be surprised to learn that you could face charges for possession of drug paraphernalia for possessing legal household items. What matters is the context in which you possess the items. Certain household items may qualify as drug paraphernalia. The items include pagers, highlighters, and flashlights. If the prosecutor proves that you possessed the household items in relation to a drug crime, you can face charges.
What are some of the common legal defenses to drug crimes? At the California Criminal Lawyer Group, we know how to scrutinize the prosecutor's evidence and find lapses. We will consider the arrest and questioning process and identify areas where the law enforcement officers might have made some mistakes. For instance, we will consider whether you are a victim of illegal search and seizure. We will also consider whether the police read out the Miranda rights to you. If the police violated the California entrapment laws, which is a common occurrence when drug crimes are involved, we would use this as a basis for your defense. However gross your drug crime charges are, you should not feel discouraged. You should contact California Criminal Lawyer Group for reliable legal representation.
When the police suspect that you are driving under the influence and stop your vehicle, they will check to see if you have intoxication signs. Some physical signs of intoxication include red or watery eyes, drowsiness, and alcohol odor. The police may also request you to perform several field sobriety tests (FSTs) and see how you perform the tests. The police may then require you to submit to a DUI breath test or a PAS test. If you record a BAC test of 0.08% or more, you are deemed to be under the influence. It's not mandatory to submit to a PAS test, especially if you are above 21 years. When determining whether you are under the influence of drugs, you will be subject to a blood test or a mouth swab test. A Breathalyzer can't detect the presence of drugs in a driver's system.
According to the California PC 1203.4, a defendant can withdraw a plea of no contest or guilty and re-enter a plea of not guilty to have their case dismissed. When granted an expungement, you will be free from any negative consequences that may arise from your criminal conviction. For you to be eligible for an expungement, you must have completed probation for the crime. You shouldn't have served time in state prison for the crime committed. You can still qualify even if you served time in state prison. However, it should be evident that you would have served jail time in county jail if you had committed the crime after the implementations of Proposition 47 Realignment.
You can't be eligible for an expungement if:
- You are facing charges for a criminal offense
- You are on probation after committing a crime
- You are serving a sentence for a criminal offense
After the expungement of your criminal record, the employer can't discriminate against you based on the expunged convictions. It will be easy for you to obtain a state professional license. Your expunged records can't be used to impeach your credibility as a witness in court. Expungement can help you avoid adverse immigration consequences.
Upon being charged with a crime, you might wonder whether you should hire an attorney or represent yourself. It can be challenging to navigate the California justice system, especially if you have never faced criminal charges before. The best thing you can do to protect yourself is to contact a criminal defense attorney immediately after an arrest. Your attorney will speak to the prosecutor and the criminal defense attorney on your behalf. They will evaluate the evidence against you and help you create a comprehensive defense. You have a better chance of getting a good outcome for your case when you work through an attorney instead of going it alone.
Even if you plan to take a plea bargain, it is still important to hire a criminal defense attorney. An attorney will help you to determine if a plea bargain is the right option for you. The attorney will also consider the prosecutor's evidence to determine if the prosecutor has ample evidence to offer you a plea bargain for your specific case. The prosecutor might offer you an unfavorable deal if you do not have an attorney because they might assume that you intend to plead guilty.
Yes, you still need legal representation even if you believe that you are innocent. Whether or not you committed the crime, you will be subject to the same punishment as everyone else in case of a criminal conviction. You will have a heavy burden of proving that you are innocent, and you might not make it without the help of an attorney. However, with the help of an experienced attorney, you can fight aggressively to ensure that your rights are protected.
At California Criminal Lawyer Group, we have an aggressive team of attorneys who can help you handle a wide range of criminal offenses. We are committed to protecting our client's rights and interests. We have successfully defended many clients facing misdemeanor and felony charges throughout Santa Ana. We have vast experience handling the following offenses:
- Drug crimes
- Sex Crimes
- Theft Crimes
- Homicides
- Murder
- Property Crimes
- Kidnapping
- Domestic violence
- Traffic offenses
- White-collar crimes
- Federal crimes
- Juvenile crimes
- Expungement of criminal record
- Violations of restraining orders
How can you identify the best attorney to represent me with so many criminal defense attorneys in Santa Ana? When you face criminal charges, your choice of a criminal attorney will play a crucial part in determining your case's outcome. You should look for an attorney who has extensive experience in handling cases similar to yours. Other essential qualities of a reliable attorney include:
- Someone who is committed and devoted to ensuring that they get the best outcome for your case
- An attorney with a good reputation and a proven track record
- An affordable attorney
Accused of a Felony or Misdemeanor?
Our Attorneys Will Fight For Your Reputation and Freedom.
Arrested and Accused of a Criminal Charge?
Get Aggressive and Relentless Criminal Defense Attorneys to
Fight For You.
Contact California Criminal Lawyer Group Today
Our criminal defense attorneys will help you find a way out if you are facing criminal charges in Santa Ana. We have the right skill and experience to yield a favorable outcome for your case. Our attorneys are available 24/7 and always ready to discuss your case. Call California Criminal Lawyer Group today and schedule a free consultation at 714-844-4151.