When should I hire a criminal law attorney?
It is never too early to hire a criminal defense lawyer if you are being investigated for a crime. Normally, a police report is generated right away and then forwarded to the district attorney’s office for review. A good defense lawyer can often persuade the reviewing district attorney from ever filing charges by simply providing the D.A. with positive and/or exonerating information about the suspect. By hiring a defense attorney during this “pre-file” stage of the case, a person may avoid charges and the immense stress of having to deal with the criminal court system.
What is the difference between a misdemeanor and a felony?
Felonies are more serious crimes and allow for punishment that includes stints in prison beyond one year. Criminal felony offenses also carry other possible punishments including formal probation, prohibitions from possessing firearms and the forfeiture of voting rights. The maximum penalty for a misdemeanor is generally county jail time between 6 to 12 months in duration. Some crimes, such as many theft offenses, are “wobblers” meaning they can be charged either as felonies or misdemeanors. Often a criminal defense lawyer can get either the prosecutor or the judge to reduce a “wobbler” felony offense to a misdemeanor.
How does bail work and how can a criminal defense attorney help with that process?
Upon being arrested for a crime, most people are taken into custody. (For some low level misdemeanors people are simply given a citation and/or a notice to appear in court and are not taken to jail.) For those taken into custody, bail is normally set based on the severity of the crime. Most counties in California have a bail schedule that indicates the typical bail amount for the crime at issue. However, the actual bail amount may deviate from the county bail schedule depending on a person’s prior criminal record, their perceived level of dangerousness, and a host of other factors. Persons can pay the bail amount in full themselves. They will get their bail money back at the conclusion of their case. However, often individuals do not have the money available to come up with bail themselves. As such, they can pay approximately 10% of the bail amount to a bondsman who will then put up the rest of the required bail money. Under that scenario, the 10% paid to the bondsmen acts as a fee that the defendant will never recoup from the bondsman even if their case is later dismissed. A good alternative to potentially spending a lot of money on bail right away is to hire an attorney who can work with the court in either getting bail reduced or, even better, persuading the court to release the defendant on their own recognizance.
What impact will a criminal conviction have on my employment and/or professional license?
Being a specialist in Sacramento, California administrative law cases, I know that even a misdemeanor may have serious consequences regarding a person’s employment and/or professional license. Most employers now ask on job applications whether a person has been convicted of either a misdemeanor or felony. A “yes” response on an application in today’s competitive job market will often end any chances of getting the job. Likewise, most professional licensing boards and agencies in California will investigate any license holder or applicant who has a criminal conviction in their past. The result of such investigations may be the denial, suspension, or revocation of the professional license. If you are dealing with a professional license investigation, it is advised that you have an experienced Sacramento, California administrative law attorney to assist you. Be aware that this is a distinct area of law that requires prior study and experience. Make sure your defense lawyer is a practicing professional license defense lawyer with a history of successful cases. It is important that everything be done, including hiring an experienced Sacramento, California professional licensing attorney, to avoid any criminal conviction when you are being investigated for, or charged with, a crime. Likewise, if you have an old conviction, you may get that conviction set aside and dismissed (“expunged”) with the assistance of a professional licensing attorney.
Can I mount my own criminal defense in court? Why do I need a criminal defense lawyer?
The short answer is “yes”- a court will allow a criminal defendant to act in his or her own defense. However, that does not imply this is a smart way to proceed. Criminal defense law is a complicated discipline, one that requires extensive study and deep experience. The court system is built on specific rules and procedures most people never encounter outside of the legal profession. Criminal defense lawyers are aware of the many pitfalls and dangers inherent in this complicated system where a simple mistake can mean the difference between jail and freedom, impact the defendant’s ability to hold a job and completely disrupt family life for years to come. The risk of not having an experienced criminal defense lawyer is simply too high.
For personal protection and justice, it is critical that people rely on a criminal defense lawyer to provide advice, advocacy and representation. As a defense lawyer in Sacramento, I am committed to providing my clients with the information and guidance they need to move confidently through the often challenging judicial process. Please call me directly for a personal conversation at 916-471-6506.