Being charged with a crime could be a frightening experience. Understanding your rights and options to navigate through this phase of your life can be difficult. You probably have many questions going through your mind, for example, “What is going to happen?” “What are the potential consequences?” “How can I defend myself?”
This FAQ answers some of the most frequently asked questions about the California criminal justice system. For personalized legal advice and skilled representation, contact CCLG: Los Angeles Criminal Attorney today to discuss your specific situation and build a strong defense.
What Are My Rights If I’m Arrested?
Upon arrest, police must notify you of your Miranda rights, the most famous of which include the right to remain silent and the right to an attorney.
You have the right to remain silent. Anything you say can and will be used against you in court. On the other hand, the right to an attorney means having a lawyer present during questioning. When being questioned, the best thing you can do is clearly and politely say that you are invoking your right to remain silent and your right to an attorney. You must make it clear that you are invoking your right to silence. Merely remaining silent is not enough. You must say so. When you assert your rights, the police cannot question you until your lawyer arrives.
When you are arrested, it is strongly advised not to answer questions from law enforcement other than providing basic identification information (name and address) without the presence of your attorney. Seemingly innocent questions can be designed to gather information harmful to your case.
Remember that law enforcement officers are trained to gather evidence, and whatever you say may be used against you.
Can I Contact an Attorney or Family Member After Being Arrested?
Under Penal Code section 851.5, a person arrested and booked has the right to complete at least three phone calls within three hours. These calls can be made to a lawyer, bail bondsman, friend, or family member.
Law enforcement cannot listen to calls made to an attorney. It is critical to exercise this right at the earliest possible moment. Calling a loved one will let them know of your situation, and most importantly, you should contact a criminal defense attorney. They can advise you of your rights and work on your case immediately.
What Does the Booking Process Involve?
After you are arrested, police officers will take you to a police station or county jail to be processed. The jail administrative process usually involves several steps. Police officers will:
- Collect your personal information
- Take your mugshot
- Obtain your fingerprints
- Search you and inventory your property (which is then stored)
- Check if there is any warrant for your arrest
A health screening will generally occur after booking to assess your medical and mental condition. This process takes a couple of hours or a lot longer, depending on the facility’s workload. After booking, you will generally be put into a holding cell.
What Happens at the Arraignment?
Arraignments are usually the first court-related event after an arrest. During the arraignment, you will be told what crime the prosecution charged you with. You will also be asked to enter a plea, which could be any of the following:
- A guilty plea — With this plea, you admit to the charges
- Not guilty — Refers to your denial of the charges, and the case will move on towards potentially a trial
- A no contest plea or Nolo Contendere — A no contest plea is like a guilty plea, although it usually cannot be used against you in a connected civil case. However, it usually cannot be used against you as an admission of guilt in another civil lawsuit based on the same facts.
If you plead not guilty, the judge will address the issue of bail or your release on your own recognizance (O.R.). At this stage, hiring an attorney to advise you on the plea and argue for the release terms is highly recommended.
What is the Bail Process, and Can I Be Released Without It?
Bail is money or collateral you give to the court to be released from custody. California has fee schedules that recommend amounts based on the criminal charges. You can pay the bail either fully in cash or use a bail bondsman who charges a fee of 10% of the bail’s value. The fee is non-refundable.
The judge can change the schedule based on several issues, including public risk, previous criminal records, potential of fleeing Los Angeles, and community ties.
Alternatively, the judge could grant you your recognizance (O.R.) release. That means you would be released from custody on your own promise to appear for all court dates. You would not have to post bail. Factors considered for an O.R. release include:
- Your ties to the community
- Your current job
- Your criminal record, if any
- The nature of the current charges
What is the Difference Between a Preliminary Hearing and a Grand Jury?
In felony cases, unless waived by the defendant, there must be a process of determining whether there is sufficient probable cause before the case can proceed to trial. This means there must be enough evidence to believe that a crime was committed and that the defendant committed it. This can happen through a hearing or a grand jury indictment.
- A preliminary hearing — This is an adversarial court proceeding where the prosecution presents the evidence and witnesses. The defense lawyer has the right to question witnesses and present limited evidence. A judge presides and decides if probable cause exists.
- A grand jury indictment — The prosecution presents evidence privately to a group of citizens (the grand jury). The defense is not present, and the proceedings are secret. The grand jury has to determine if there is sufficient proof to issue an indictment.
Unlike the grand jury proceeding, which is not adversarial, preliminary hearings are more common. Moreover, these proceedings give the defense a preview of the prosecution’s case. Further, they allow the defense to challenge the prosecution’s evidence.
What is a Plea Bargain, and Should I Consider Accepting One?
A plea bargain is when your lawyer and the prosecutor negotiate so you can resolve your case without going to trial. The prosecutor and the defendant agree to a specified conviction as part of the defendant’s plea of guilty or no contest to one of the original criminal charges. Often, this is in exchange for the defendant’s plea to a lesser charge than the one filed initially or with a recommended sentence.
Taking a plea bargain could save you from receiving a harsh sentence. However, you will be giving up your right to a trial. Disadvantages of taking a plea deal include:
- Waiving the right to trial
- Admission of guilt
- A possibility of facing significant, albeit lesser, penalties than those you could have faced.
Your criminal defense attorney will help you decide whether or not to accept a plea bargain. So, engage your lawyer to advise whether the evidence against you is strong, what will happen if you fight the charge, and whether the plea deal is in your best interest.
What Are The Typical Steps Before A Potential Trial?
The case will proceed to trial if the parties cannot settle it through a plea bargain. The pre-trial phase involves several steps aimed at preparing the case, specifically:
- Discovery — The evidence, which will be presented at trial, will be exchanged between the parties to prepare for trial/plea at this stage.
- Pretrial motions — Sometimes, an attorney will file a motion asking a judge to rule on various issues. For example, your attorney could file a motion to suppress evidence obtained unlawfully, like bringing a motion under Penal Code 1538.5 to suppress evidence obtained in a wrongful search. Your attorney could also file a motion challenging the sufficiency of the evidence, like a Penal Code 995 motion to dismiss charges after a preliminary hearing.
- Pre-trial conferences — These are meetings between the attorneys and the judge that address the status of the case and the potential to resolve or try the case.
- The actual trial — The prosecution will present its case at this stage, and your defense attorney will challenge the evidence. The prosecution must prove beyond a reasonable doubt your guilt to secure your conviction.
What Are the Penalties for Driving Under the Influence (DUI)?
DUI (driving under the influence) is one of the more common misdemeanor charges. Since DUI is a vehicle-related crime, the Vehicle Code governs this crime.
According to Vehicle Code 23152, you are not allowed to drive if you:
- Are under the influence of any alcoholic beverage (CVC 23152(a))
- Have a Blood Alcohol Content (BAC) of 0.08% or higher (CVC 23152(b))
A limit of 0.04% is set for commercial drivers, and for drivers under 21, a limit of 0.01% is imposed.
While typically misdemeanors, the consequences for first DUI offenses are significant. Potential penalties can include:
- Spending up to 6 months in county jail, though often suspended with probation for first-time DUI offenses
- A fine of between $390 and $1,000. However, due to court fees and added assessments, the amount can go over $2,000
- 3 to 5 Years of summary probation
- Mandatory enrollment and completion of a state-certified DUI program. First-time offenders need to enroll in a state-approved DUI course that lasts a minimum of 3 months.
- If you are arrested for DUI and no injury is involved, your license will probably be suspended for 6 months. You can receive a restricted license after 30 days. You could also request a restricted license. You can apply for a restricted license after 30 days. The license allows you to drive to and from work, school, and the DUI program.
- You may have to install an IID. This is especially true in counties with stricter DUI penalties. Also, it is common if it is not your first offense.
A key point is the two-pronged process that involves a criminal court case and an administrative action with the DMV.
If you fail to request a hearing with the DMV within 10 days of your arrest, your license will be automatically suspended. If you refuse a DUI test, your license will be suspended for one year. This action by the DMV stands regardless of the outcome of the court process.
Prosecutors sometimes use the “wet reckless” (Vehicle Code 23103) charge as a plea bargain offense. A wet reckless under Vehicle Code 23103.5 counts as a prior DUI for enhancement purposes if you are charged with another DUI after your wet reckless.
What Happens If I’m Charged With a Drug Crime?
California drug laws cover a wide range of substances and activities. When addressing drug laws, it is best to first differentiate between simple possession for personal use and possession with intent to sell or actual sales.
Simple possession charges fall under Health and Safety Code (HSC) section 11350. This law covers drugs like cocaine and heroin. On the other hand, HSC 11377 addresses possession of meth. Possession of a usable amount of these drugs is unlawful without a prescription. It is worth noting that Proposition 47 reclassified many simple possession offenses from felonies to misdemeanors, which has a profound effect on penalties for many, meaning you could face less severe charges now than in the past for simple possession.
Possession with intent to sell or drug sales charges are typically classified as felonies under HS 11351, 11352, 11378, and 11379. Because selling drugs causes more harm, the penalties are harsher.
Punishments can differ a lot depending on what drug you had, the quantity, your record, and what you are charged with.
- If you are charged with simple misdemeanor possession of drugs, please note that it carries a potential jail term of a maximum of 1 year. Furthermore, the fines could go up to $1,000.
- Possessing a controlled substance that is not covered under Prop 47 or with a prior felony conviction is punishable by 16 months, 2 years, or 3 years in state prison.
- Depending on the type and amount of drug as well as your prior record, possession with an intent to sell, which is a felony, is punishable by a state prison sentence of 2, 3, or 4 years or far more.
- You could face fines that range from $1,000 up to $20,000 or more for sales charges.
The most common substances are cocaine, heroin, meth, ecstasy, and illegally obtained prescription drugs. If you are an eligible defendant charged with simple possession, you may qualify for the drug diversion program under Penal Code (PC) 1000. If you complete the treatment, your case could be dismissed. This means you receive treatment instead of a conviction and jail time.
What is the Difference Between Theft and Burglary Charges?
Theft and property crimes are common offenses. Theft laws classify the different types of theft by the value of the property taken.
Penal Code (PC) 484 is the general theft statute. Stealing something worth $950 or less is petty theft. According to Penal Code (PC) 487, grand theft is when property is worth over $950 or for specific property like a firearm. The $950 threshold is a critical distinction.
If you enter a store during business hours and plan to commit a theft (that is under $950), you will be charged with shoplifting.
On the other hand, burglary occurs when you enter the home of another intending to commit a crime. This is a violation of PC 459. It is a crime to enter to steal, whether or not anything is stolen.
Residential burglary is a felony and a strike offense that occurs when a person enters an inhabited dwelling. Commercial burglary (second degree) involves other structures and can be charged as a misdemeanor or felony, a wobbler.
Your penalty is determined by the specific charge you will face, the amount involved, and your criminal history.
- Petty theft (misdemeanor) — 6 months in county jail and fines of up to $1,000
- Grand theft (felony) — If you are convicted of grand theft, you will face 16 months, 2 years, or 3 years in prison. You could also pay a fine of $10,000
- Petty theft with a prior — If you have been convicted of certain thefts, you may be charged with petty theft as a felony. The penalties can be as high as 3 years in state prison
- Commercial burglary — This is a misdemeanor. The offense is punishable by up to 1 year in county jail and fines up to $1,000
- Commercial burglary — Convictions for this felony offense result in 16 months, 2 years, or 3 years in state prison and a fine of $10,000
- Residential burglary — This first-degree felony results in two to six years in prison if convicted. Furthermore, it is a strike offense.
Penalties could also include probation and restitution.
What is the Difference Between Assault, Battery, and Domestic Violence?
Violent crime laws shield citizens from physical harm and related threats from others. Assault laws (PC 240) and battery (PC 242) are distinct offenses often charged together.
Penal Code 240 defines assault as an unlawful attempt coupled with a present ability to commit violent injury on another person. It is about the attempt or threat of force and not the actual application of force. On the other hand, Penal Code 242 defines battery as any willful and unlawful use of force or violence upon the person of another. There must be the use of actual and wrongful force, however slight.
Assault most often is a misdemeanor, as is simple battery. Although assault and battery can become aggravated felonies if you cause serious bodily injury as outlined under PC 243(d) or use a deadly weapon, a crime under PC 245.
The laws on domestic violence address crimes against an intimate partner. Forms of domestic violence include:
- Corporal injury upon a spouse, cohabitant, or fellow parent, defined by Penal Code (PC) 273.5. This crime is always a felony.
- Domestic battery, a crime under Penal Code 243e 1. This occurs when a person makes unwanted touching against an intimate partner. However, there are no visible injuries. Most battery charges are misdemeanors.
The potential penalties you face depend on the specific charge.
- Simple assault/battery (misdemeanor) — Up to 6 months in county jail and fines of up to $1,000.
- Aggravated battery — If you caused great bodily injury, you can be charged with misdemeanor or felony aggravated battery under Penal Code 243(d). This felony version will result in a state prison time of upwards of four years or more that you could end up serving.
- Domestic battery — In the case of domestic battery, you may face fines as high as $2,000 with a potential prison term of a year.
- Corporal injury on a spouse or cohabitant — Per PC 273.5, the felony could result in 2, 3, or 4 years in state prison, a fine of up to $6,000, a mandated attendance of a batterer’s program, and loss of gun rights.
What is the Defense Attorney’s Role in Case Preparation and Investigation?
The defense attorney’s investigative role is crucial. In preparing your case, a defense lawyer first obtains and reviews all the discovery provided by the prosecution: all police reports, statements from witnesses, and lists of evidence.
Beyond this, an independent investigation is often vital. The role of a criminal investigator can be helpful in:
- Interviewing witnesses, a criminal defense attorney could call those who were not contacted by the police
- Going to the scene of the alleged crime
- Consulting with experts
Criminal defense investigation is important because the prosecution could overlook or ignore critical facts. This can allow the defense to create a more accurate picture of the incident in question.
Moreover, part of the defense attorney’s job also entails analyzing evidence for flaws or illegality. The defense team must assess how the evidence was collected, handled (chain of custody), and documented.
Furthermore, defense attorneys thoroughly research the relevant laws, precedents, and possible defenses.
What Types of Evidence Are Crucial in California Criminal Cases?
In a criminal case, police officers gather different types of evidence, including:
- Physical evidence, like an object recovered from the scene, weapons, drugs, or beer bottles. It also consists of the victim’s blood or the offender’s DNA
- Testimonial evidence, for example, witness accounts
- Digital evidence, including phone records, social media posts, and email exchanges
- Official reports, like police and lab reports
Not all evidence can be used in court. There are rules for when evidence can be used.
Can Illegally Obtained Evidence Be Used Against Me in a Criminal Case?
The U.S. The Fourth Amendment protects you against unreasonable search and seizure. If evidence has been obtained in violation of this right or other procedural rules, it will be subject to the exclusionary rule, meaning the prosecution cannot use it against you.
Filing a motion to suppress evidence is a common and effective defense tactic in a case based on illegal searches and other constitutional violations. To challenge evidence, you can question:
- The source
- How the evidence was collected
- The chain of custody
- Whether the evidence is authentic
How Do I Choose the Right Criminal Defense Attorney for My Case?
When facing criminal charges, carefully considering your choice of legal representation can heavily impact the outcome of your case. Choosing a criminal defense lawyer requires understanding your options and knowing what qualities to look for in a lawyer.
One of the most crucial considerations is whether to use a public defender or hire a private lawyer. You could hire a public defender if you cannot afford a private lawyer. If you qualify, you will be assigned a public defender at no charge.
Public defenders have lots of experience and expertise and handle many cases. However, the number of cases could limit the time spent on individual cases compared to a private lawyer. When you hire a private attorney, you can choose the attorney based on their experience with your type of charge and reputation in the local court. Although it will cost you financially, a private lawyer will have the time and resources to devote to your defense.
Whether to hire a public defender or a private attorney depends on your finances and priorities.
It is important to note key qualities to find the best criminal defense attorney. Search for a criminal attorney with years of experience and, hopefully, some experience in the Los Angeles County court systems. Demonstrated expertise in handling your particular charge type is crucial. Furthermore, the lawyer should:
- Have excellent communication skills
- Be reachable
- Give timely updates
- Clearly explain any complex legal concepts
While a successful track record should not be the primary consideration, it is still a good indication of the lawyer’s skills.
Understanding criminal lawyer costs is a significant consideration. An honest lawyer will not hesitate to talk about fees. The cost of a criminal defense lawyer often ranges widely depending on the case. The factors that influence costs include whether the allegation is a misdemeanor or felony, the penalties you might face, and whether the case is likely to go to trial, which increases costs. A lawyer could charge:
- An hourly fee depending on their experience level and location
- A flat fee for the whole case, typically for less complicated matters
- A retainer, which is an upfront sum that is credited against hourly work
There are many cost factors for a criminal defense attorney, making a straightforward comparison difficult without speaking with a lawyer. During consultation, practical discussions based on experience aid in evaluating lawyers, and their cost transparency builds trust.
Can My Criminal Record Be Cleared After My Case is Over?
Having a criminal background can make securing a job, a home, and more difficult. California law has ways to clear or change certain records after the end of a case. It helps you understand expungement laws and navigate life after a conviction.
What Does Expungement Mean, and What Are Its Effects?
You can have your records expunged under Penal Code 1203.4. If you were found guilty of a misdemeanor or felony and completed probation, you may be able to withdraw your guilty or no contest plea, plead not guilty, and have the case expunged. You may be able to expunge your records if your sentence did not include state prison time.
A Penal Code 1203.4 dismissal means the court records are updated to show the case was dismissed. However, this does not erase the conviction. The primary benefit is that you can tell most private employers that you do not have a criminal record. However, the process will:
- Not restore gun rights if you were convicted of felony charges
- Not affect the licensing board’s decision since they consider criminal records
- Retain the record for future criminal proceedings. The conviction can still be used as a criminal prior
Who Qualifies for Expungement?
To be eligible for expungement under Penal Code section 1203.4, you must have completed your probation term and paid all required fines and restitution, and currently you must not be charged with a new crime, serving a sentence, or on probation for another offense.
If you were sentenced to county jail and not prison, your offense may be eligible for felony expungement. California’s misdemeanor expungement process is relatively similar, usually requiring that you complete your probation or serve whatever jail time the court ordered.
If I Was Acquitted, Can My Arrest Record Be Sealed?
California law allows you to seal your arrest records if you were arrested but not convicted. You qualify for this if you were not convicted after arrest, like when your charges were dropped or you were found not guilty.
Under several statutes, it is possible to have your record erased. For example, under:
- PC 851.8, declaration of factual innocence, will be more difficult to obtain
- PC 851.87, certain arrests like misdemeanors after the statute of limitations has run
- PC 851.91, certain arrests without conviction happening after 1/1/18, many of which are now automatically sealed
When sealing occurs, the arrest record is not publicly available. This provides a layer of privacy.
Are There Other Ways to Deal With a Conviction Record?
There are other avenues for post-conviction relief for felonies that are too serious to receive a PC 1203.4 dismissal. You could apply for a Certificate of Rehabilitation or, in rare instances, a Governor’s Pardon. Working towards a certificate of rehabilitation could occasionally result in a pardon recommendation. These options will not erase your conviction, but can help restore certain civil rights and be strong evidence of your rehabilitation. They show your employer or a licensing board that you have moved on from your conviction.
Find a Criminal Defense Attorney Near Me
It can be a daunting challenge to face criminal charges like DUI, drug charges, theft, violent crimes, and more in Los Angeles. Knowing the laws, the worst penalties you risk facing, and what defenses you can use is important for your future. Whether building a solid defense strategy or exploring how to clear your name after the case, you need guidance for all stages.
At CCLG: Los Angeles Criminal Attorney, our knowledgeable and experienced criminal defense lawyers can offer you the required representation and advice.
Contact us today at 323-922-3418 for a confidential consultation to discuss your case and how we can help you fight for the best possible outcome.
