Frequently Asked Questions

Federal criminal charges are brought by the United States government and generally involve violations of federal law, such as tax evasion, drug trafficking across state lines, or white-collar crimes. State criminal charges are brought by the state government and involve violations of state law, such as theft or assault.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

At an arraignment, the charges against you are formally read and you enter a plea of guilty, not guilty, or no contest. Your bail may also be set at this time. This is typically your first court appearance after arrest.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Misdemeanors are less serious crimes that are punishable by up to one year in jail, while felonies are more serious crimes that are punishable by more than one year in prison. Felonies carry more severe consequences and can affect your rights long-term.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A plea bargain is an agreement between the defendant and the prosecutor in which the defendant agrees to plead guilty in exchange for a reduced sentence or lesser charges. This can be an effective strategy in certain cases, but requires careful consideration of all options.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Our firm handles a wide range of federal and state criminal cases, including drug offenses, white-collar crimes, violent crimes, sex crimes, DUIs, fraud, embezzlement, assault, robbery, and other serious felony charges. We specialize in complex cases requiring sophisticated defense strategies.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

If you are not guilty, the burden is on the prosecutor to prove the case beyond a reasonable doubt. Your lawyer will work to challenge the prosecutor's evidence and show that there is insufficient evidence to support a conviction. This may involve presenting evidence, cross-examining witnesses, and making legal arguments to the judge or jury.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Yes, you can appeal a conviction if you believe that your rights were violated or that there was a mistake made in the trial process. Appeals must be filed within specific time limits and require skilled appellate advocacy.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

If you violate your probation, you may be sent back to jail or prison to serve the remainder of your sentence. A probation violation hearing will be held to determine if a violation occurred and what consequences should follow.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Probation is a period of supervision that is given as an alternative to jail time, while parole is a period of supervision that is given after a person is released from prison. Both involve conditions that must be followed.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

If you are facing federal charges, it is critical to contact a criminal defense lawyer who has extensive experience handling federal cases. Federal cases are often more complex than state cases and require specialized knowledge of federal law, procedure, and sentencing guidelines.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A grand jury is a group of citizens who are convened to decide whether there is enough evidence to bring criminal charges against a person. Grand jury proceedings are secret and only the prosecution presents evidence.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A public defender is a lawyer appointed to represent defendants who cannot afford to hire their own lawyer. Private criminal defense lawyers are hired directly by the defendant and can often provide more personalized attention and resources for your case.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

The length of a criminal trial varies significantly depending on the complexity of the case, the number of witnesses, and the amount of evidence presented. Simple cases may take a day, while complex federal cases can take several weeks or months.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

If you are found guilty, you will be sentenced by the judge. The sentence may include fines, probation, community service, restitution, or imprisonment. The specific sentence depends on the nature of the crime and other factors.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A preliminary hearing is a court hearing in which the prosecution presents evidence to show that there is enough probable cause to believe that the defendant committed the crime they are charged with. This determines whether the case proceeds to trial.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

An expungement is a legal process in which a criminal conviction is removed or sealed from a person's record. This can make it easier for the person to find employment, housing, or professional licensing, though some limitations may still apply.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A bail hearing is a court hearing in which the judge decides whether to release the defendant on bail while they await trial. The judge considers factors such as the defendant's criminal history, the severity of the crime, ties to the community, and flight risk.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

In a bench trial, the judge decides the verdict, while in a jury trial, a group of citizens decides the verdict. The choice between bench and jury trial is strategic and should be made in consultation with your attorney based on the specific circumstances of your case.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A criminal case involves charges brought by the government against a defendant for a violation of criminal law, while a civil case involves a dispute between private parties, such as a contract dispute or personal injury lawsuit. The standards of proof and potential consequences differ significantly.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Yes, a conviction can be based on circumstantial evidence, witness testimony, or other types of evidence. Physical evidence is not required for a conviction, though it can certainly strengthen a case.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

A plea of no contest (nolo contendere) is a type of plea in which the defendant does not admit guilt but agrees to be sentenced as if they had been found guilty. This type of plea is often used strategically when there are potential civil liability concerns.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

Yes, you have the constitutional right to represent yourself in a criminal case, but it is strongly not recommended. Criminal cases are complex and require thorough knowledge of criminal law, evidence rules, and legal procedures. The stakes are too high to proceed without experienced legal counsel.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5

It is possible to be charged with a crime even if you were acting in self-defense, but self-defense can be used as a legal defense to argue that your actions were justified. The success of this defense depends on the specific circumstances and whether your response was reasonable and proportional to the threat.

Legal References: Miranda v. Arizona, 384 U.S. 436 (1966), California Penal Code §851.5