FAQs

Typically, when you are arrested for a crime, the police will take you to the nearest police station or jail, where you share your personal information. By doing so, the police can find out if you have any criminal records or open warrants.

Suppose you have been arrested for a minor infraction or misdemeanor. In that case, the arresting officer might choose not to book you in jail but instead issue you with a citation, which is a notice requiring you to appear in court at a future date. The officers will book you in jail for serious crimes like felonies, and a bail hearing will be scheduled.

The arresting officer doesn’t need to recite your Miranda rights. Fortunately, failure to read these rights means everything you say is null and cannot be used against you in criminal court. If they don’t read your rights, you are free to speak after arrest because they can’t record the information and use it as evidence against you. However, if your Miranda rights are read, you should keep quiet until your attorney is present because whatever you say will hold up in court as evidence.

If you suspect you will face criminal charges, the best move is to consult with a criminal defense attorney. A legal representative will protect your legal and constitutional rights and provide the best representation in court to ensure a favorable ruling. Remember, everybody facing criminal accusations needs an attorney regardless of whether they are innocent because even innocent people are wrongly convicted.

Not everyone can afford to hire an attorney. Therefore, if you can’t raise the money you need to hire a legal representative, you can request the court to appoint a public defender.

Every person in California faced with criminal charges has a right to legal representation. If you cannot afford one, you must request a court-appointed one, and this often happens at the bail hearing or arraignment when the judge reads the formal charges against you and asks to take a plea. Note that even if it’s your right to have legal representation when faced with criminal charges, one will not be automatically assigned to you without requesting. You must express your interest in a public defender.

Unfortunately, not everybody is eligible for a public defender. To be assigned a court attorney, you must meet particular criteria by demonstrating that you can’t afford to pay one. You must present financial documents in court showing your financial position and inability to retain an attorney’s services. If the court is satisfied that you meet the court-appointed attorney’s criteria, they will appoint one for you immediately and proceed to arraignment. Other courts will take their time to evaluate the evidence presented and make a decision, meaning it might take a while before knowing whether you qualify for a court-appointed attorney.

Different courts have varying rules regarding the persons eligible for a public defender. However, the rule of thumb is, if the court finds you needy, and there is a high possibility your case will end up with a conviction, they will appoint an attorney on your behalf.

In other instances, you might have income, but it’s not enough to pay the legal fees. In cases like these, the court might declare partial indigency, where you will be assigned an attorney, even though you will be required at the end of the case you will be required to compensate the state or county government for a fraction of the legal fees paid to the public defender.

At the arraignment phase of your case, you need legal representation. However, you still have the option to waive your right to legal representation and choose to represent yourself. Unless you are a legal expert or have in-depth knowledge and experience of criminal law, it’s a bad idea to represent yourself in court, especially if it’s your first time in court. You don’t understand the court process, and you are likely to make a mistake that will cost your case. An experienced attorney understands all court processes and will navigate through them easily and enhance the chances of a positive outcome.

If you can afford a private attorney, contact one right after your arrest or charges have been filed or before arraignment. It allows the attorney to adequately evaluate your case and reach out to the prosecutor for a negotiation. Unfortunately, not every criminal attorney out there is trustworthy because not all will reach out to the prosecutor before arraignment, conduct an independent investigation, and fight to have the case dismissed or charges lowered.

If you can afford private counsel, you need to take time and evaluate your options before hiring. California is flooded with criminal attorneys, but they are not all equal. With the many resources of finding an attorney available, it’s critical to do your homework on all the attorneys you consider and ask the relevant questions.

Being charged for a crime, especially for the first time, can be overwhelming and confusing. A simple mistake can result in a conviction that has severe consequences both in the short-term and long-run. Therefore, to enhance the possibility of a positive outcome and reduce the stress associated with a criminal court process, an experienced and reputable attorney will be crucial in your case.

You can commence hiring an attorney by asking for recommendations from friends, family, co-workers, and relatives if they have worked with a criminal defense attorney in the past. You should consider a recommendation if the person making the recommendation had a good experience in the hands of an attorney.

Besides, if you are working with an attorney specializing in a different law field other than criminal law, you can request a referral. Legal representatives know each other and the best person to give a referral is your real estate or family attorney.

After you get recommendations and referrals, you should look up these legal representatives in the California Bar Association. Any private counsel practicing in California must be a member of the bar association. The information is available for the public, so you can check whether the attorney you are considering is listed. If they are not, that’s a red flag, and you should move on to the next.

Alternatively, you can search for private counsel online. Every criminal attorney today has a website or online presence. From the comfort of your home and with a computer and internet, you can research the available attorneys in your locality and find the most experienced and reputable.

Once you have made a list of some of your favorite candidates for the job, the next step is to visit a local courthouse and sit in several hearings to have an experience of what you can expect from an attorney. If you are impressed by the manner a legal counsel presents their case or makes an argument, then you can request for their business card at the end of the hearing and arrange a meeting.

You can use referral services to locate a reputable attorney for your case. However, these services vary significantly because some conduct thorough background checks before listing. Others list attorneys that have a clean record with the bar association. Because of the different criteria applied in listing these legal counsels, it’s important to inquire from the referral service the criteria used in listing attorneys to ensure you are picking the best in the state.

If you have already been arrested for a crime, you don’t have the time to conduct all the research highlighted above. What matters is that you pick an experienced and confidential attorney who will ensure all communications and case discussions remain a secret.

Your expectations in a criminal attorney handling your case are that they possess the experience and knowledge defending clients facing criminal allegations or charges like yours. Further, the attorney must be familiar with the court processes where your case has been filed and must have litigation and negotiation skills.

Criminal cases involve a lot of planning and strategizing evaluation of legal options and risk analysis. It means you need an attorney who is willing to listen to your case and the events that unfolded, resulting in the charges, evaluate the merits and demerits of your legal options, assess the risk involved, and give the best course of action.

The communications between you and the legal representative should also be open and prompt. All the relevant copies of documents and filings should be provided promptly, and calls responded to on time. The legal representative should also keep you up to date with the various developments to avoid the anxiety associated with being in the dark.

A reputable attorney is expected to keep all communications confidential and not to judge the client based on the information they provide in the case. Further, you expect the person you hire for the criminal case to be creative and effective, develop the best strategies for a case dismissal, or fight the charges.

There are no definite answers on the legal fees for various attorneys. The fees an attorney charges depends on many factors. One of these factors is skills and experience. A more experienced criminal attorney will charge high fees because they consider their services valuable. The less experienced tend to charge more pocket-friendly prices to appeal to potential clients. Therefore, when choosing legal counsel, you can consider their services’ cost to determine their experience.

Another factor that determines the cost of legal representation is the severity of the crime. An attorney will charge higher fees when you are charged with a felony than a misdemeanor. A felony, in this case, refers to a crime punishable with 12 or more months in jail, while a misdemeanor is an offense punishable by less than twelve months in jail custody. Attorneys charge high prices for felonies because you are subject to stricter penalties which will involve more time and resources to prevent.

The geographical location of the attorney you are considering for your defense also affects the cost of their services. If the private counsel you want to hire operates their office in the city or urban areas, their legal fees will be higher than those with offices in smaller towns. The reason for the high prices in urban areas is the clients the attorneys deal with. Most of the clients are celebrities and rich people who can part with hefty fees. Further, the cost of operating an office in the city is higher compared to that of a small town.

Other aspects that determine the cost of legal counsel are:

• The time spent by an attorney on the discovery process
• The complexity of your legal issue
• The delegation of cases to paralegals and junior associates
• The possibility of the case proceeding to trial

Note that attorneys rarely charge flat rates for their services. However, in particular instances, like where you are charged with a misdemeanor, an attorney might charge a flat rate of between $1,000 and $3,000 for their legal services. You can pay a flat rate for traffic violation offenses like speeding, although there is no guarantee of a favorable outcome.

On the other end, some attorneys do not provide flat rates because no two criminal cases are the same. The crimes might be the same, but the case’s circumstances and facts are unique to each client, making it unviable to charge the same rates for cases. However, in rare cases, an attorney might agree to charge flat rates but on the condition that the rates will increase if the case proceeds to trial.

Also, no criminal defense attorney agrees on payment of contingency basis. They want a part, or full amount of the fees settled beforehand.

As mentioned earlier, self-representation is allowed only to people who have knowledge or practice criminal law. Other instances where you can represent yourself in court if you face a minor charge like a traffic violation and hiring an attorney isn’t justified. The less severe offense doesn’t necessarily require attorney consultation if the fine imposed upon conviction is less than the legal fees. However, if the court fines are more than the legal fees and there is jail or prison incarceration involved upon conviction, it’s critical to consult with an attorney.

Before deciding to represent yourself even in a minor case, it’s critical to know that the deal the prosecution will put on the table for defendants charged with non-violent crimes is like that of other offenders. Some minor offenses also have a jail sentence upon conviction which leaves you with a criminal record. The record will affect your life significantly after the sentence because you will have problems securing employment. A repeat offender’s consequences upon conviction are even harsher, making it crucial to hire an attorney for legal representation instead of self-representation.

It’s even riskier to represent yourself, considering the factor that the judge will treat you the same way as an attorney. The court will expect you to:

• Adhere to all deadlines
• Show up in court for all hearings
• Fill out all the necessary paperwork
• Abide by the court rules and regulations
• Understand the legal jargons
• Obey all evidence rules
• Speak for yourself in a formal setting

If you decide to represent yourself, make sure you understand what the judge expects of you to increase the chances of a positive outcome.

Yes. You can change, hire and fire your private counsel as you wish, but the court will rarely allow you to switch public defenders. Defendants disagree even with private attorneys despite these professionals usually giving their customers personalized attention. However, with public defenders, disagreements are more common, but it is hardly a reason for switching attorneys.

Remember, public defenders deal with multiple cases simultaneously. They rarely have time to develop the right strategies for specific cases or conduct thorough evaluations of the case’s facts. If the charges at hand are serious, having such legal counsel represent you is a risk to your freedom because you are likely to be convicted. If an attorney is incompetent or cannot maintain a professional relationship, the court might grant you a petition to change legal counsel.

Although you have the freedom to switch attorneys, doing so has its consequences. The first disadvantage is changing attorneys because you have to honor your obligations with the original attorney and pay a new attorney for the same case. Further, the attorney will request a continuance to have adequate time to prepare for the case, meaning you will spend more time behind bars if you are in custody awaiting trial.

There is a limit on your entitlement to change attorneys. Remember, the DA has the right to complete cases as scheduled. By switching attorneys, you delay the case further, affecting the DA’s schedule. Therefore, the prosecutor might oppose your move to switch attorneys because they will need to reschedule witnesses testifying in the case. In a scenario like this, the court might deny you the entitlement to change attorneys.

The United States constitution’s Sixth Amendment rule provides all criminal defendants with the right to legal counsel if they can’t afford one. It means a judge appoints legal counsel to represent you in court free of charge or at an affordable cost. The attorney appointed is called a public defender in the arraignment hearing where you enter a plea of guilty or not guilty.

A public defender is a legal counsel representing defendants who can’t afford an attorney to defend them in criminal charges. The legal professionals handle multiple cases at once and are in court every day, which gives them the experience you need to win the case. Working with defendants with cases like yours every day gives these attorneys the characters and prejudices of law enforcement officers, judges, and the DA, which are essential in evaluating the case or trial.

If you are unhappy with your current public defender, the court can assign you a conflict attorney who is a private counsel that volunteers to help in these situations.

If you enter a plea deal with the prosecuting team and plead guilty to the criminal charges against you, but on second thought, you realize the decision was erroneous, you can always take back the guilty plea but under strict terms.

As a defendant, California PC 1018 provides you the chance to withdraw your guilty or no contest plea through a motion to withdraw a plea. In particular situations, the court shall grant you the motion to withdraw a plea, and in other instances, it may or may not let you reverse the plea if you had legal representation. This makes it critical to have an attorney present in the arraignment hearing because any plea you take at this time will be with the guidance of your attorney.

In either of these cases, you must demonstrate good cause for breaching the agreement you had with the prosecutor to reverse the plea. Good cause primarily revolves around the idea that you lacked a proper understanding of your actions’ consequences or misinformed about the facts and circumstances surrounding the case. Examples of good cause include:

• You represented yourself when you took the guilty plea, and the judge didn’t inform you of your right to legal counsel or find out if you understood this right and voluntarily waived it. If you didn’t openly say in court, you would represent yourself and be allowed to reverse your plea.
• You were not aware of the ramifications of the plea
• You were coerced into entering the plea
• The legal cancel representing you at the time was incompetent
• Poor interpretation or language barrier interfered with your understanding of the plea

On top of showing good cause, you must file the motion before sentencing or within six months if you were sentenced to probation instead of jail time. Before entering a plea, ensure you discuss all the available options with your attorney, and only after you have exhausted these options should you consider entering a guilty plea.

After police officers have conducted their investigations and documented all the evidence, they present the case to the california District Attorney, who evaluates it to decide whether to file charges or not. During the evaluation, the prosecutor considers the soundness of the case. If there are many errors or legal problems, the prosecutor returns the file to the law enforcement officers for further investigations.

The prosecutor looks at whether the officers engaged in any misconduct when gathering evidence. If they did, the case would be thrown out because all the evidence gathered is inadmissible in court.

Similarly, if the prosecutor realizes the case lacks enough evidence after case evaluation, they won’t waste their time and resources on a weak case.

Note that when faced with criminal charges, the case will be between you and the government and not the victim. Therefore, even if the victim doesn’t want to press charges, the government will proceed with the case. However, in a few cases, the prosecuting team is forced to go with the wishes or put the victim’s thoughts into consideration.

You have no legal obligation to report a crime even if you were aware of the criminal activity in advance, witnessed the commission of a crime, or learned about the offense after it happened.

There is an exception to this rule. Specific individuals have a duty to report a crime if it involves child abuse and neglect or when you cannot aid or abet criminal activity.

If you report a crime out of goodwill, but it is discovered you gave police officers a false report, you can end up with criminal charges for a PC 148.5 violation.

If you end up with a conviction for a crime, the information will appear in your records. This can hinder your efforts to obtain employment, but it’s not very clear if your employer can use it as a basis for your dismissal.

Remember, your employer has a right to request to perform background checks on existing or prospective workers. The outcome of the employer’s background checks can be used to decide whether to hire or fire an employee.

Luckily, this rule has a limitation as the Fair Credit Reporting Act (FCRA) imposes particular responsibilities on employers who wish to run background checks on their workers. As per this federal statute, employers must do the following:

• Obtain the employers or applicant consent
• Notify the applicant or worker that they intend to disqualify or fire them based on the criminal report’s outcome.
• Avail a copy of the report to the applicant
• Notify the worker or prospective employee of the decision to disqualify or fire them because of the report results.

The Equal Employment Opportunity Commission (EEOC) states that employers who disqualify applicants based on their criminal record may be engaging in illegal employment discrimination, which is a violation of Title VII of the Civil Rights Act of 1964.

The EEOC also has laid down protocols that employers must adhere to when performing background checks. The commission requires employers to consider the gravity and nature of the criminal act that resulted in the record, the time that has elapsed after the offense or conviction, and the kind of job in question.

In Sacramento and California, employers are not allowed to inquire from employees about arrests that never ended up with a sentence or seek records regarding the arrest. California employers are further not allowed to conduct background checks on older cases regarding marijuana or participation in either pretrial or post-trial diversion programs.

California PC 1203.4 expungement law allows criminal defendants to withdraw their original plea and enter a not guilty plea to dismiss the case. When the expunction is granted, you are relieved from the consequences of a criminal conviction like problems finding a job or college admission.

Whether you have been charged with a misdemeanor or felony, you qualify for an expunction if you complete the probation for the crime, didn’t serve time in prison, or would not have served time in prison under Prop 47 realignment.

An expunction relieves you from all consequences arising from a conviction. The advantage of having a sentence cleared from your criminal record is that you don’t need to disclose it to potential employers during a job application.

Talk to a Criminal Defense Attorney Near Me

If you or a close friend has been apprehended for a crime or have questions regarding criminal law, don't wait to contact a criminal attorney. Call California Criminal Lawyer Group today at 916-775-7660 for a free consultation.