Guide to Finding California Criminal Defense Lawyer

If you are charged with a crime, it is important to have a lawyer who can help you fight the charges. California criminal defense lawyers offer many different services to help those in legal trouble. The specifics of every case differ, but the overall structure of the trial procedure remains roughly the same. Here is an overview of what you should know if you find yourself in need of a CA criminal defense lawyer.

What kind of charges could I face?

In California, there are three kinds of crimes: felonies, misdemeanors and infractions. Felonies are the most serious kinds of crimes, such as murder and rape, and can be punishable by the death penalty. Misdemeanors cover lesser infractions, such as drunk driving or domestic abuse, and can result in up to a year in jail. A third, lesser category of criminal charges consists of “infractions,” which includes such offenses as traffic and noise ordinance violations. When you are cited for such charges, you are generally not entitled to a trial by jury or a court-appointed lawyer.

Depending on your criminal history, the categories of classification can become blurred. For example, if you are a repeat violator, your misdemeanor may be prosecuted as a felony. This is known as a “wobbler” crime.

Can California criminal defense lawyers help me before I’m arrested?

In some cases, an attorney’s intervention can stop you from being arrested before charges are ever filed. If you believe you are in danger of being arrested, it’s possible to hire a CA criminal defense lawyer to conduct an investigation on your behalf. This may help uncover evidence that makes the case the police have insufficient evidence to arrest you, forestalling their actions.

When do I need to consult a CA criminal defense lawyer?

After you are charged with a crime, your first appearance in court will be for an arraignment hearing. Unless you are charged with an infraction, you are entitled to have legal representation at this time. In nearly all cases of felony or misdemeanor charges, you are entitled to a court-appointed public defender to represent you if you cannot afford to hire a California criminal defense lawyer.

During this first hearing, you’ll learn what specific offenses you’ve been charged with and be given the chance to plead guilty, not guilty or no contest. The strength of the evidence against you and the severity of the charges will determine whether you receive bail or are kept in custody.

What help can California criminal defense lawyers offer during an arraignment hearing?

From the moment you are charged with a crime, your legal counsel’s job is to prevent the prosecution from moving forward as much as possible. At the arraignment, your California criminal defense lawyer will present the case for releasing you from jail on bail if you are still being kept in custody and help you decude how to respond to the charges, if at all. If the prosecutor offers a plea deal, your attorney can advise you what your best .

What if I cannot afford bail?

In cases where you cannot afford the bail you are charged by the court and aren’t facing charges punishable by the death penalty, it may be possible for CA criminal defense lawyers to argue that you can be safely released on your own recognizance without paying a fee. However, keep in mind that attempting this kind of “O.R. release” requires a thorough investigation of your background by the court, including interviews with family and friends.

If I plead guilty, what happens next?

At this time, you and your CA criminal defense lawyer must prepare for a sentencing hearing. Depending on whether you’re charged with a felony or misdemeanor, you will have as little as 6 hours or as long as 20 days to prepare for this hearing. Here, California criminal defense lawyers offer character statements, review evidence or point towards procedural errors to weaken the prosecutor’s calls for a harsh sentence.

What if I go to trial?

Many cases are resolved in pretrial negotiations between CA California defense lawyers and prosecutors. Your attorney may help you get a plea bargain for a lesser sentence or charge. Alternately, California criminal defense lawyers may file a “motion a dismiss,” arguing that the charges against you lack enough evidence to make a reasonable case. If the judge agrees, some or all charges may be dropped. Charges may also be filed against illegal search and seizure. The state’s “Pitchess motion” also makes it possible for CA California criminal defense lawyers to ask for the arresting officer’s full police records to see if there’s any history of bias or misconduct.

If no plea bargain suiting both sides can be agreed upon and your attorney cannot stop the case, you are entitled to a trial by jury. Here, California criminal defense lawyers argue the case for your case, present expert witnesses, dispute evidence and otherwise shield you from the prosecution’s argument.

If sentenced, is it possible to clear my criminal record?

Some sentences can’t be expunged from your criminal record, including any convictions that sent you to state prison and nearly all charges of child molestation. For most people, it is possible clear their criminal records after they successfully complete their sentence and/or probation and avoid further arrests. This is helpful when applying for employment, since many companies now routinely perform background checks on employees. While CA criminal defense lawyers can help expedite this process, many people may choose to defend themselves.

Am I required to hire a CA criminal defense lawyer?

At nearly all times, you are entitled to defend yourself. However, it is advisable to have legal counsel experienced with the often complicated legal process, especially in technical matters such as disputing evidence or police procedure. As with any legal relationship, it’s important to be honest and forthright with your California criminal defense lawyer, and to be wary of any attorney who promises you seemingly unrealistic outcomes.