I am facing criminal charges, what do I need to know?
Are you unsure of what to do when facing criminal charges in California? This informative post is designed to ease your uncertainties by offering clear, actionable guidance on navigating these challenging circumstances. You’ll discover practical advice and gain a clearer understanding of the support available to you through the experienced attorneys at 805 Law Group.
Ready to start tackling those legal hurdles? Request a consultation with 805 Law Group and empower yourself with a team invested in your success.
What Does It Mean To Face Criminal Charges?
When you’re facing criminal charges in California, it indicates a formal accusation of a crime against you. This process usually begins with an arrest or citation. Afterward, the police provide their report to a prosecutor who initiates your criminal case. The prosecutor either decides independently what charges should be filed or calls upon a grand jury to investigate the case and determine the appropriate charges.
Top 3 Mistakes to Avoid When Facing Criminal Charges in California
The period following the acknowledgment of criminal charges can be stressful. However, your actions during this time can significantly affect the outcome of your case. It’s crucial to avoid some common pitfalls during this critical period.
Talking to Law Enforcement without an Attorney
Although it’s normal to want to clarify your situation and prove your innocence, communicating with law enforcement without an attorney can lead to unwanted consequences. Anything you say can be used against you in court, so it’s essential to maintain silence and ask for an attorney before responding to any inquiries.
Granting Consent to Search
If an officer asks for permission to search your property, understand that you have a right to refuse. Contrarily, consenting to a search doesn’t necessarily make you appear more cooperative or less guilty. Instead, you waive your Fourth Amendment protection against unreasonable searches and seizures.
Failing to Retain an Attorney
If your financial situation restricts you, the court will assign a public defender to your case. However, public defenders might lack the time or resources to dedicate to your case adequately. It’s crucial to hire a seasoned criminal defense attorney as early as possible. This enables them to start strategizing your defense, guaranteeing protection for your rights throughout the process.
Types of Offences
In California, criminal charges fall into three classifications: infractions, misdemeanors, and felonies. Your potential penalties—be it a fine or incarceration—depend on the classification. For misdemeanor or felony charges, it’s crucial to have legal advice from a seasoned Gold River criminal defense attorney to discuss your rights.
Infractions
Infractions represent violations of a less serious nature, usually resulting in nothing more than a monetary fine. Common infractions include minor traffic offenses and other minor misconduct.
Misdemeanors
Misdemeanors in California are crimes that are more serious than infractions but less so than felonies. They carry a potential punishment of up to one year in jail. Here’s a further look into some misdemeanors:
- Drunk Driving: Also known as Driving Under the Influence (DUI), it involves operating a vehicle while affected by alcohol, drugs, or both.
- Shoplifting or Petty Theft: These offenses cover stealing property or merchandise with a value up to a certain amount, typically regarded as smaller items.
- Assault and Battery: This includes intentionally inflicting physical harm or unwanted physical contact with another person without their consent.
- Reckless Driving: This involves operating a vehicle in a manner that shows a disregard for the safety of others.
- Simple Drug Possession: This means carrying a controlled substance for personal use without having any intent to sell.
Repercussions from misdemeanors in California can be serious, leading to jail time, fines, court hearings, and probation. Repeated offenses can escalate the charges to a felony level.
Felonies
Felonies are the most serious class of crimes in California, typically punishable by over a year in prison. Here are some examples:
- Sex Offenses: These involve crimes such as forcible rape, statutory rape, and child molesting.
- Murder: This represents the intentional killing of another person with malice aforethought.
- Burglary: Entails entering a building with the intention to commit a felony or theft inside.
- Fraud: Encompasses a broad range of offenses, including forgery, identity theft, and insurance fraud.
- Drug Trafficking: Covers the manufacture and distribution of illegal narcotics.
- Manslaughter: The unlawful killing of another without premeditation.
- Aggravated Assault: This is an attempt to cause severe bodily harm to another person, often involving a deadly weapon.
- Domestic Violence: Includes any abusive, violent, coercive, forceful, or threatening act or word inflicted by one member of a family or household on another.
Felonies come with significant long-term legal consequences, such as imprisonment for over a year, substantial fines, and additional restrictions post-conviction.
Dealing with felony charges requires the advanced know-how of a criminal defense lawyer. In California, a felony criminal conviction carries long-term consequences, which may include jail time, fines, probation, and post-conviction restrictions such as parole or sex offender registration.
The California Criminal Process
Facing criminal charges in California can be a daunting process. Understanding this process is essential for forming a robust defense strategy. Should you find yourself accused of a crime or involved in a criminal investigation, immediately consult with a seasoned criminal defense attorney.
The Allegation
An allegation is a notification to a law enforcement agency that you have committed a criminal act. The allegation can come from various sources, such as a citizen, a police officer, or even a regulatory agency like the Securities Exchange Commission or the Drug Enforcement Agency.
The Pre-Filing Investigation
During a pre-filing investigation, a law enforcement agency examines your case and determines if they can recommend filing charges against you. During this time, the police may question you or witnesses or even search your property.
The prosecutor has substantial discretion in deciding whether to file charges. They can choose not to pursue the case further if they feel the police haven’t provided strong enough evidence or request additional evidence.
The outcome of the pre-filing stage can be:
- The district attorney files charges against you
- The investigation ended with no charges
- The police conduct further investigation and return the matter to the district attorney for review and decision
Having an experienced attorney on your side during the pre-filing investigation is crucial. They can help prevent charges from being filed against you or negotiate lesser charges. Your attorney can also protect you from police questioning and inform you of your rights during the investigation.
The Arrest
If charges are filed, an arrest warrant may be issued. The police must have probable cause to arrest you. An experienced attorney can help negotiate a reduction in your bail or get you released on your own recognizance.
Arraignment And Bail
During the arraignment, the judge informs you of the charges against you and your available constitutional rights. The court will then schedule dates for future proceedings.
Bail Hearing
A bail hearing is where an attorney can argue for a reduction in bail, potentially saving you a significant amount of money. Defendants in custody on criminal charges have the right to reasonable bail.
Entry of Plea
During the arraignment, you may enter a plea of guilty, not guilty, or nolo contendere (no contest). You can also request a continuance to retain an attorney.
Act Now for Your Legal Defense If You’re Facing Criminal Charges in California!
Surviving the turbulence of a criminal charge requires a carefully developed defense strategy and unwavering commitment to your rights. If you find yourself facing criminal charges in California, you need experienced legal assistance on your side.
Remember, understanding the process is just the first step towards navigating your way through the complex justice system. It is critical to engage a professional defense attorney who can provide advice tailored to your specific situation, defend your rights, and guide you at each step throughout the proceedings.
Don’t wait. Contact us today, and let us start defending your rights and fighting for the best possible outcome in your California criminal charges.
