FAQ

You could be confused when being arrested, especially when you don’t understand the reason for your arrest. During the state of shock, you could provide incriminating information to the police. Therefore, it would be wise not to talk to the police without your defense attorney’s presence.

You have the constitutional right to remain silent and are not obligated to provide any information to the police. Sometimes, the police could ask you questions that gear towards admitting guilt before you even go to trial. Therefore, you should be careful with the information you provide.

However, there is information that you need to provide, including your name and address. If arrested for an offense such as vehicular manslaughter or drunk driving-related crimes, you may be required to give your vehicle insurance information.

Police officers do not require definite evidence that you committed a crime for them to arrest you. Only if they have probable cause to believe that you committed the alleged crime will they make an arrest. A probable cause is a reasonable belief that you are involved in committing a crime. 

Before an officer obtains a search or arrest warrant, they must sign an affidavit indicating the conduct that warrants a search or your arrest. Probable cause for arrest exists when the circumstances and facts within the officer’s knowledge would cause one to believe that you committed a crime. Therefore, the police do not need to establish your guilt for you to be arrested.

When there is a probable cause for your arrest, the situation could play out in three different ways:

• The police will find you to make a lawful arrest and take you to custody.
• If there is reason to believe that you are not a flight risk, the district attorney court asks you to appear to court for arraignment.
• You could be asked to surrender to the police station voluntarily

Sometimes, you could face an arrest not only for committing a crime but also for failing to comply with a court order of attending a hearing.

If you are a first-time offender or are dealing with the justice system for the first time, you may expect a quick process between arrests and go to jail. The reality is much different. Several steps are involved in the California court process. Immediately after an arrest, the arresting officer will take you to the station for booking.

During the booking process, you will be searched for weapons or drugs, and the jailer takes away your personal belongings. During this time, you will not have access to a cell phone or your credit cards. The booking process involves fingerprinting and background checks. Also, the officers will do a mugshot of you. You will also be allowed a phone call on a payphone. Having a right to a phone call will be your opportunity to contact a criminal lawyer. In California, the booking process takes up to twelve hours. However, if you are arrested on a weekend, the process may take longer. 

An arraignment is the initial proceeding before you go to court for a criminal trial. During an arraignment, the court announces your charges. The arraignment takes place after you are arrested and criminal charges are filed. You will then enter a plea of guilty or not guilty. The plea you enter will significantly impact the course of your case. After you enter a plea, the prosecutor may ask the court to detain you or limit your freedoms if you are released.

A misdemeanor is a less severe crime and is punishable by a jail sentence not exceeding one year or fines of up to $1,000. Some of the most common theft crimes involving property worth less than $950. A conviction for a misdemeanor does not attract severe consequences on your life. 

On the other hand, a felony is a serious crime. Felonies include crimes such as, murder manslaughter, or other crimes that cause serious injury to the victims. Felonies are punishable by a prison sentence. Most felonies attract immigration consequences such as deportation or being rendered inadmissible.

If you are arrested and face felony charges in California, you will be required to attend a preliminary hearing. At this hearing, the judge determines if there is probable cause to believe that you have committed a crime. Your criminal defense attorney can take the preliminary hearing opportunity to dispute evidence geared towards a probable cause. Also, they could find inconsistencies in the evidence presented by the district attorney to protect you from going to trial.

If a judge determines that there is enough evidence to believe that you committed the crime, your case could be sent to trial. Once your case reaches trial, you will face charges for the crimes that the district attorney feels you may have committed. This could include charges that were not present during your arrest.

After the preliminary hearing and before you go to trial, the defense and prosecution teams appear before the court to present pretrial motions. The prosecution or defense uses Pretrial motions to set boundaries for a criminal trial. The importance of pretrial motions in your case depends on the severity of the charges and the strength of the prosecutor’s case against you. A successful motion could change the course of your case in your favor.

Some of the most common pretrial motions are:

• Motion to dismiss — If your attorney feels that the prosecution does not have enough evidence against you or made a settlement out of court, they could file a motion to dismiss. However, you need to successfully invalidate the crucial evidence that makes your criminal case strong. If the judge accepts the motion to dismiss, your case won’t go to trial.
• Motion to exclude evidence — When the evidence presented against you was obtained illegally, you can file a motion to exclude it from the trial. In California, police officers cannot search your house or property without a warranty. Also, in cases such as drunk driving, you have the right to refuse the chemical tests. If an officer coerced you to take a chemical test or evidence against you was collected in an illegal search, it can be excluded from the case. This will make the prosecutor’s case weak and increase your chances of winning the case.
• Exclusion of witness testimony — If a witness has a conflict of interest in your case, you can seek to have it removed.
• Motion to release evidence — If the prosecution is holding a piece of evidence crucial to the defense, it would be wise to file a motion to release that evidence.

The moments surrounding an arrest can be difficult for you and your family. During the state of shock, you may not make the right decisions. You need to contact your attorney when you are arrested or after learning of the existence of an arrest warrant. Your attorney will guide you on the right steps to take for your case to have the best possible outcome.

Criminal trials take from a few months to several years, depending on the case’s facts and complexity. Most people wish to resolve a case quickly, know their fate and move on with life. However, it is best to resolve your case in the right way. You need enough time to investigate the facts of your case to ensure there are no missing links. 

Also, you may need to look into the evidence presented by the prosecution and find ways to counter that evidence. Serious crimes such as murder or sex-related offenses may take a longer time to resolve than minor crimes. This is because the evidence for the serious crimes could require analysis from several experts.

Yes. In California, arrest and conviction records are public. As soon as you are arrested, the arrest will show up in your records. An arrest or conviction record can be detrimental to your life. Most employers will do a background check on you before offering a job. Unfortunately, an employer can use a conviction or arrest as a basis to deny you the job.

Also, most people do not have a positive attitude towards people who have been convicted. Therefore, it is common that you may find it challenging to find a decent place to live. Minors who have criminal records may not be accepted in good colleges or universities.

A criminal conviction in your record can impact your life for a long time. You can avoid the consequences of your conviction by filing a petition to delete the record. The petition asks the court to withdraw your guilty plea to that of not guilty and dismiss the case.

Whether you face a felony or misdemeanor conviction, you are eligible to expunge your record as long as:

• You have completed probation for the alleged crime. Successful completion of probation means that you adhered to all conditions set during the sentencing.
• You did not serve time in state prison for the crime.

An expungement of your criminal record releases you from all the consequences that accompany a criminal conviction. It is essential to understand that you cannot qualify to expunge your record if you are currently facing criminal charges. Also, you cannot erase a criminal record for a sex offense involving a child.

Some of the benefits you accrue from expunging your record in California include:

1. A potential employer cannot discriminate against you based on an expunged conviction.
2. An expunged conviction cannot be used to question the credibility of your testimony in a court case.
3. Expunging your criminal record can help you avoid immigration consequences.
4. With an expunged criminal record, you can truthfully answer no when you are asked about past convictions.

Even with the numerous benefits that result from expunging your records, there are things that the relief cannot solve. Even when you expunge a conviction, you cannot overturn a driver’s license suspension. Also, your duty to register as a sex offender will end with an expungement.

Bail is the amount of money that ensures a criminal defendant appears to court when released with a pending case. The main aim of bail is to ensure that you do not flee and avoid a criminal trial. Bail could be in the form of cash or through a surety bond. In most cases, the amount set in bail is too much to come up with in a short time. Fortunately, a surety bond company can post the bail on your behalf at a fee.

If you or your loved one faces an arrest and you cannot come up with the bail amount, it would be wise to contact a bail agent. The bail agent will post your bail for a 10% fee. However, you may need to offer the property to act as collateral. When a surety bond company posts your bail, they will be responsible for your appearance to court.

After your case is concluded, the court refunds the amount paid as bail. Failure to appear for a court hearing results in bail forfeiture. In this case, the surety loses their money, and you lose the property you put up as collateral.

There is no specific amount of bail you need to pay after an arrest in California. Bail amounts vary from case to case. Some factors that could be considered when setting bail amounts include:

1. Bail schedules ——Bail schedules are rules that indicate the amount of bail applicable for particular crimes. The bail schedules offer an overview of the amount you may be expected to pay for release with a pending case. However, it is crucial to understand that the court could adjust the bail schedule amounts depending on your case’s other factors.
2. Police practices — Many suspects want to bail out of jail after an arrest quickly. Unfortunately, the police can document your arrest to be that of a serious crime even when the court will later reduce it. This prompts the court to set a high bail amount for your release. For example, if you possess marijuana, the police would arrest you for possession of marijuana to sell which is a felony. Even though the judge could reduce your charge at trial, the nature of your arrest may reduce your chances of making bail.

No. Not all criminal defendants are entitled to bail in California. After an arrest and booking, the court will schedule a bail hearing. At the bail hearing, the judge could decide to grant or deny you bail. Whether or not you will be released on bail depends on the following factors:

• The severity of the crime you committed. For serious crimes such as murder, you could likely be denied bail.
• You are a flight risk. If the court believes that you are likely to flee and fail to appear for your trial, they could deny you bail.
• You do not have family ties. A person with no ties to the community is more likely to flee and not appear for a criminal trial.

If the court decides to release you on bail pending a criminal trial, you have to adhere to the following conditions of bail:

• No contact order. When you are out on bail pending a case that involves domestic violence, you will be required to stay away from the victim of the alleged crime. This helps guarantee the safety of the alleged victim.
• Pretrial Check-ins. While you are out on bail, the court requires you to regularly report your progress to the pretrial officer.
• Travel restrictions. The court tries to ensure that you show up for your trial by imposing travel restrictions. When you are released on bail, you cannot travel outside the jurisdiction without the court’s permission.

The statute of limitation is the time frame within which a prosecutor must file criminal charges. If you are charged with a crime after the statute has expired, you cannot be lawfully arrested or punished for the crime. In California, statutes of limitations vary from crime to crime. Often the statute of limitations increases with the severity of the crime.

When you are arrested and face charges of a crime, you have the right to do what you want. However, it is crucial to understand that a conviction could result in harsh legal consequences even for a simple misdemeanor. When you plead guilty to a crime without going to trial, you will lose your opportunity to defend yourself and avoid a conviction.

Sometimes, you may think that you are guilty, but the law is complicated, and enough evidence may not be available to convict you. Should you face a conviction, you can lose your professional licenses, your job and ruin your reputation. Therefore, before you decide on your case, legal guidance is crucial.

California law is stringent on repeat offenders. In most criminal trials, your criminal history is considered during sentencing. When deciding on the amount of your bail, the court will consider your past criminal activity. Some of the laws that address repeat offenses concerning sentencing include the three-strike law.

California’s three-strike law seeks to double the prison sentence for individuals with two prior convictions for a serious or violent felony. If you have two prior felony convictions and you face a third, you will receive a prison sentence of twenty-five years to life.

Fortunately, the court could decide to dismiss the strike in the interest of justice. If a prosecutor does not think that you should be treated as a striker, the past offenses will not be used as aggravating factors in your sentence. Another common aspect of the criminal law where past crimes play a role is in DUI. The sentencing of a drunk driving case depends significantly on your criminal history. If you have been convicted for drunk driving or wet reckless in the past, you could face harsher penalties for subsequent crimes.

Most crimes result from a violation of state laws and are prosecuted at the state level. However, if you violate a law tied to a national or federal issue, you could face federal criminal charges. Some of the most common crimes that lie under federal law include federal tax fraud, trafficking or contraband, or other crimes committed on federal property.

There are many differences in how federal and state criminal prosecutions are carried out. Federal crimes are investigated by the FBI or federal agents and prosecuted by the president’s judges. On the other hand, sheriffs and local police officers investigate state crimes.

A conviction for a federal crime attracts serious legal consequences. The prison time and fines are more than the state penalties for a similar crime. Sometimes, a defendant could be prosecuted at the state and federal levels. If you or your loved one faces federal criminal charges, it would be best to speak with an attorney with experience in representing people in federal court.

Yes. California law allows individuals who were arrested but did not face a conviction to seal arrest records. Sealing of a criminal record means that the arrest will not show up on your background. Also, the police reports, fingerprints, and booking photos obtained during the arrest are deleted. You have a right to seal your arrest record under the following circumstances:

• The charges against you were not filed, and the statute of limitations for filing the charges has expired.
• You were charged with a crime, but the charges were later dropped.
• The prosecutor filed criminal charges against you, but you were acquitted.
• You were convicted for a crime, and the conviction was vacated in an appeal.
• Your criminal charges were dismissed after you completed pretrial sentencing programs.

If you want to have your records sealed, you should file a petition in the superior court where your criminal charges were filed. Most California criminal records are public and can be accessed by anyone. Most employers may be reluctant to hire individuals involved in legal issues. Therefore, an arrest record could deter your chances of securing employment. If your arrest records are sealed successfully, potential employers cannot use your arrest record to deny you a job.

A plea bargain is an agreement between you and the prosecutor to plead guilty in exchange for a lighter sentence or dismissal of your charges. Most criminal cases in California are solved through the plea bargaining process. A plea bargain is often the quickest way to solve your case. However, not all plea deals offered by the prosecutor are in your best interests.

A key factor you need to consider before accepting the plea bargain is the strength of the prosecutor’s case against you. If the case against you is weak and the possibility of winning the case is high, it would not be a good idea to accept a plea. When you consider a plea in your criminal case, you will require input from our defense attorney. A competent lawyer will assess the situation to ensure the plea is in your best interests.

A conviction for a criminal offense in California will have a detrimental effect on your immigration status. Under the Federal Immigration and Nationality Act, a non-citizen may be deported after a conviction for certain crimes. You could be deported regardless of the duration you have spent in the United States and the status of your immigration status.

Fortunately, not all criminal offenses are deportable. Some of the offenses for which you could be deported include crimes involving firearms, domestic violence claims, and aggravated felonies, among others.

Another way that your immigration status may be affected after a criminal conviction is being rendered inadmissible. If you become inadmissible in the United States, you cannot receive any type of benefit from immigration authorities. When you are inadmissible, you cannot re-enter the United States after leaving. You will be inadmissible if you are convicted or admit to committing a crime of moral turpitude or are a repeat offender.

Before you face deportation, you will be required to attend a removal hearing. In a removal hearing, you are entitled to legal representation. A non-citizen must seek legal guidance from an attorney with an understanding of immigration law. This will help reduce the chances of facing harsh immigration consequences.

A crime involving moral turpitude is an offense involving dishonesty or fraud that is shocking to a reasonable person. Crimes of moral turpitude not only attract serious punishment but may significantly affect your life. Some of the common crimes under this category include:

• Assault to commit murder
• Lewd act with a child
• Assault producing serious bodily injury
• Domestic violence against a spouse
• Vehicular manslaughter 
• Trespass with intent to inner people or destroy property
• Felony possession of a firearm

A conviction for a crime of moral turpitude can cause you to be deported or rendered inadmissible. Additionally, you can be impeached as a witness with a criminal record under this category. Even when you were convicted for a misdemeanor, your testimony could be subject to distrust. A crime involving moral turpitude may cause you to lose employment or your professional license. Therefore, it is crucial to seek competent legal representation when you face crimes under this category.

California criminal statutes punish various illegal conducts through fines or imprisonment. If you or your loved one is facing criminal charges, you will want as much information as possible about the crime and its consequences. California criminal law is stringent on repeat offenders. You also want to understand how your criminal history will affect the current charges.

Criminal laws vary depending on whether you are charged with a misdemeanor or  felony. The issues surrounding an arrest, trial, and a criminal conviction are best understood with guidance from a competent criminal defense attorney. If you face criminal charges in Bakersfield, CA, we invite you to contact your attorney. At Bakersfield Criminal Attorney, our group of competent lawyers will guide you and offer legal representation to help you avoid harsh sentencing. Call us today at 661-750-8230 to discuss more details of your case.