Criminal Law FAQs

A criminal defense lawyer is your primary advocate and protector within the justice system. Lawyers ensure that your constitutional rights are upheld and to build the strongest possible defense against the charges you face.

Here is a breakdown of their key responsibilities:
Case Investigation: They review police reports, interview witnesses, and examine the evidence collected by the prosecution to find inconsistencies or procedural errors.

Legal Strategy: Based on the facts, they determine the best path forward—whether that’s fighting for a dismissal, negotiating a plea deal, or preparing for a full trial.

Protecting Your Constitutional Rights: Criminal defense lawyers ensure you aren't subjected to illegal searches or coerced confessions by the police. If law enforcement violated your rights, they can file motions to have evidence suppressed (thrown out).

Negotiation: Often called "plea bargaining," lawyers work with prosecutors to reduce charges or lessen potential sentencing.

Courtroom Representation: If the case goes to trial, they select jurors, cross-examine witnesses, and present your side of the story to a judge or jury.

When Should I Contact One?
The short answer: As soon as you suspect you are under investigation. Don't wait until you are handcuffed to seek legal advice.

You should contact a lawyer immediately if:

The Police Want to "Talk"
Anything you say to police can be used against you. A lawyer can speak on your behalf and prevent you from accidentally incriminating yourself.

You Are Being Investigated
If you hear your name is involved in an investigation, a lawyer can often intervene before formal charges are even filed.

You Have Been Arrested
A lawyer is essential for your bail hearing to ensure you can go home while awaiting trial.

You’ve Been Served a Warrant
Whether it's a search warrant or an arrest warrant, you need immediate guidance on how to comply without compromising your defense.

In California, the primary difference between a misdemeanor and a felony is the severity of the crime and the harshness of the punishment.

While both will result in a criminal record, a felony is a much more serious "tier" of offense that can strip away certain civil rights permanently.

1. Misdemeanors: Less Severe
Misdemeanors are crimes that are more serious than a simple ticket (infraction) but less serious than a felony. Common examples include petty theft, simple assault, and most first-time DUIs.

Incarceration: Punishable by up to 364 days (one day shy of a year) in county jail.

Fines: Generally capped at $1,000, plus court assessments.

Probation: Often results in "summary" or informal probation, where you don't have to meet with a probation officer.

Rights: You typically retain your right to vote and serve on a jury.

2. Felonies: Most Serious
Felonies involve serious harm, large-scale theft, or dangerous weapons. Examples include murder, robbery, and certain drug trafficking offenses.

Incarceration: Punishable by one year or more. Depending on the crime, this is served in state prison or a county jail (under California’s "realignment" laws).

Fines: Can reach $10,000 or more.

Probation: Usually involves "formal" probation, requiring regular check-ins with a probation officer and strict travel restrictions.

Rights: A felony conviction leads to the loss of firearm rights (often for life) and the loss of the right to vote while you are currently incarcerated.

The "Wobbler" Exception
California is unique because of "Wobblers." These are crimes that can be charged as either a misdemeanor or a felony depending on the facts of the case and the defendant's criminal history.

The short, legal answer is no. In fact, it is almost always in your best interest to remain silent.
Under the Fifth Amendment of the U.S. Constitution, you have the right against self-incrimination. This applies whether you are being casually questioned on the street, pulled over in a car, or sitting in an interrogation room.

1. How to Properly Exercise Your Rights:
Simply staying silent can sometimes be interpreted as being uncooperative or suspicious, even if it's your right. The most effective way to handle this is to verbally invoke your rights. You should say:

"I am exercising my Fifth Amendment right to remain silent, and I will not answer any questions without my attorney present."
Once you have clearly stated this, the police are generally required to stop questioning you. If they continue to talk, you should continue to remain silent.

2. The "Identifying Yourself" Exception
While you don't have to answer questions about a crime, California law (and many other states) generally requires you to provide basic identification if you are being lawfully detained or arrested.
You should provide your legal name and identification/driver's license.
Refusing to identify yourself during a lawful detention can sometimes lead to an additional charge of resisting or obstructing an officer.

3. Why Silence is Your Best Defense
It is a common misconception that "only guilty people stay silent." In reality, innocent people often accidentally provide conflicting information when they are nervous or under pressure.

The Police are Not Your Friends: Even if an officer seems sympathetic or says they "just want to clear things up," their job is to gather evidence to build a case for the prosecution.

Context Matters: A harmless comment you make could be taken out of context and used as "consciousness of guilt" in court.

Anything You Say Can Be Used: Note the wording—it's "used against you," not "used to help you." Prosecutors rarely use a defendant's voluntary statements to prove their innocence.

Knowing your rights is the best way to protect your future while navigating the legal system. In the United States, these rights are designed to prevent government overreach and ensure you receive a fair process.
Here is a breakdown of your fundamental rights immediately following an arrest:

1. The Right to Remain Silent (5th Amendment)
You are under no legal obligation to answer questions about the alleged crime. As we discussed, once you state that you are exercising this right, police questioning must stop.
Note: This includes "casual" conversation in the patrol car or comments made to other inmates. Everything is recorded.

2. The Right to an Attorney (6th Amendment)
You have the right to consult with a lawyer before and during any questioning.
If you cannot afford a lawyer, the court must appoint one for you (a Public Defender).
You have the right to a private conversation with your attorney that the police cannot monitor.

3. The Right to Know Why You Are Being Arrested
The police must inform you of the charges against you. While they don't have to provide a full evidentiary breakdown on the sidewalk, you have a right to know the "nature and cause" of the accusation.

4. The Right to a Phone Call
In California, you have the right to make at least three completed local phone calls within three hours of being arrested. These calls are typically used to contact:
An attorney.
A bail bondsman.
A family member or friend.

5. Protection Against Unreasonable Search and Seizure (4th Amendment)
While police can search your person and the immediate area around you during an arrest (a "search incident to arrest"), they generally cannot search your home or your digital devices (like your phone) without a separate search warrant or your explicit consent.

6. The Right to Reasonable Bail
Unless you are charged with a very serious violent crime or are considered a significant flight risk, you generally have the right to be released on bail. The Eighth Amendment protects you from "excessive" bail—meaning the amount shouldn't be used as a punishment, but rather as a guarantee that you will show up for court.

Missing a court date or violating bond conditions is a serious situation that requires immediate action. Courts generally view these actions as a sign that you are either a "flight risk" or unwilling to follow the law while your case is pending.

Here is a breakdown of the typical consequences:
1. Missing a Court Date (Failure to Appear)
If you don't show up when required, the judge will likely take the following steps:
Bench Warrant: The judge will issue a warrant for your arrest. This means you can be picked up at any time—at home, at work, or during a routine traffic stop.

Bond Forfeiture: Any money or property posted for your release may be kept by the court. If you used a bail bondsman, they will likely come looking for you to avoid losing their money.

New Criminal Charges: In many jurisdictions, "Failure to Appear" (FTA) is a separate crime. Depending on the original charge, an FTA can be a misdemeanor or a felony.

2. Violating Bond Conditions
Bond conditions are the rules you must follow to stay out of jail (e.g., "no contact" orders, drug testing, or travel restrictions). If you break them:

Bond Revocation: The judge can "revoke" your bond, meaning you must stay in jail until your trial is over.

Increased Bond: The judge might allow you to stay out but significantly increase the amount of money required, or add stricter conditions like GPS monitoring or house arrest.

Contempt of Court: You could face additional fines or jail time for disobeying a direct court order.

Immediate Steps to Take:
If you have already missed your date or violated a condition, do not wait for the police to find you.

Contact Your Attorney: This is the most important step. They can often "quash" (cancel) the warrant by scheduling a new hearing or explaining the situation to the judge.

Turn Yourself In (With Counsel): Voluntarily showing up to address the mistake looks much better to a judge than being caught by the police.

Document the Reason: If you missed court due to a genuine emergency (e.g., a medical crisis or a car accident), gather hospital records or police reports immediately.

Note: Every jurisdiction handles these situations differently. What might be a warning in one county could lead to immediate jail time in another.

I only practice criminal law because it's my passion and it's important to be proficient in one things--my clients rely on my knowledge for their freedom.

I have handled everything from simple misdemeanors to serious felonies. The most numerous are DUI's, shoplifting and domestic violence. However, I have successfully handled manslaughter, rape, kidnapping and assaults with a deadly weapon as well!

Absolutely! Because I control my geographic area of practice, I am routinely in front of the same judges and prosectors. This affords me in-depth understanding of their personalities, propensities and their expectations.

Both! You have to assume you're going to war by preparing for it accordingly while keeping a vigilant eye on the quickest and best resolution where possible!

If you have been charged with a crime or arrested, we offer and initial free case evaluation for 15 minute. If you need legal advice and have addition questions, there is a nominal fee for one hour.