Criminal Defense FAQ
Counsel from a Southern California Criminal Defense Attorney
The legal system in California is full of complex decisions and laws, often
making it difficult to know how to proceed in your specific circumstances
or what you could be charged with. For concrete answers, take a look at
our frequently asked questions. If you're in need of personal representation,
a Southern California criminal defense attorney can work with you to aggressively
defend your case. Give us a call today!
What is arraignment?
Arraignment is the first opportunity you have to enter a plea. There are
typically three kinds of pleas, including not guilty, guilty, or nolo
contendere, also referred to as no contest. Not guilty pleas begin the
process of setting bail, while guilty and no contest pleas go directly
to a sentencing hearing.
What happens if I wasn't read my Miranda rights?
If the police neglect to read you your Miranda rights, this will most
likely not result in a case dismissal. It does mean that any evidence
obtained from your statements would not be allowed to be used in court.
If I am pulled over for drinking while driving, can I refuse a chemical test?
Refusing to take a chemical test will result in an automatic one year
suspension of your license and may also result in a jail sentence.
I was charged with a crime I know I'm guilty of. Do I still need a lawyer?
Yes. Even if you know that you committed the crime, your lawyer can take
your case to court and give you the defense you need to fight for reduced
charges or even overturn your charges altogether. A lawyer has the experience
and knowledge necessary in court.
If I refuse to make a statement to the police, will I be arrested?
No. You are allowed to remain silent under interrogation according to
the Fifth Amendment. If an officer is pressuring you into waiving your
rights, it is advisable to petition for your right to speak with a lawyer.
What will happen at my trial?
Prior to your trial, a jury is chosen. This jury is required to be both
fair and impartial during all court proceedings. Before any evidence is
presented, you can begin with an opening statement. During the trial,
evidence will be presented and the jury determine will determine the sentence,
declaring if you are guilty or not guilty.
Don't wait to get the defense you need for your case.
Contact our firm today!