Answering Common Questions About Criminal Cases 

California criminal law is very complex. As such, it’s normal for people dealing with the criminal justice system to have questions. We’re here to answer them. 

This guide answers 12 frequently asked questions (FAQs) about California criminal cases, such as “Will I have to go to jail?” and “Can the charges be dropped?” It also explains how a Marin County criminal defense lawyer can help you or your loved one. 

1. What Should I Do if There’s a Warrant Out for My Arrest?

An arrest warrant allows the police to take you into custody. Once a valid warrant has been issued, the police can arrest you at any time. 

If you think that there is a warrant for your arrest, call a Marin County criminal defense attorney. A defense lawyer can review the warrant and help you decide whether to challenge any legal defects in the warrant or turn yourself in. 

2. Do I Need a Lawyer if I’m Innocent?

Yes! Thousands of innocent Americans are wrongfully convicted every year. So, unfortunately, innocence does not guarantee a just outcome in a criminal case. A Marin County defense lawyer can help you protect your legal rights. 

3. Should I Talk to the Police or Give a Statement?

You should never speak to the police without an attorney present. NEVER. Words that seem harmless to you might be used against you in court. An attorney can prevent you from saying something that might help the prosecution. 

4. What’s the Difference Between a Misdemeanor and a Felony?

The biggest difference between a felony and a misdemeanor is the length of the punishment. The maximum punishment for a misdemeanor is 12 months in jail. Felonies usually involve more extensive or violent criminal behavior than misdemeanors. While one year is the maximum prison term for a misdemeanor, it’s the minimum amount of jail time for many felonies. 

5. What Happens at My First Court Date?

In California, within a few days of your arrest, you must appear in court for a proceeding called an arraignment. At the arraignment, the judge will read the charges against you and tell you about your legal rights. You’ll also be asked if you want to enter a plea, but you should not enter a guilty or “no contest” plea without first talking it over with your Marin County defense attorney. 

6. Will I Have to Go to Jail?

Possibly. This issue comes up twice in most criminal cases. At arraignment, the court will decide if you should be released before trial. The judge can let you go with a simple promise to return (release on your own recognizance (“OR”)) or require you to pay a certain amount of money (bail) that you agree to forfeit if you don’t appear for trial. Finally, the judge can decide that you must stay in jail until trial. Generally, people charged with serious crimes have to pay a high bail or stay in jail until trial while those facing less severe charges often receive OR. 

If you are convicted or plead guilty, the law will dictate which punishments are appropriate. However, California judges have some discretion to consider factors such as your background and  criminal history to determine the appropriate sentence. Your Marin County defense attorney can tell you more about the typical sentences in cases like yours. 

7. What Happens After My First Court Appearance?

After the arraignment, the case enters the pre-trial period. During this time, your defense attorney will interview witnesses, hire experts, and take other steps to build a strong case. Additionally, during pretrial, the prosecutor must give your attorney materials that could help your case. This is called “discovery.” Your attorney might also file a motion to exclude certain evidence from trial. The post-arraignment period is also when plea negotiations begin. 

8. Can the Prosecutor Drop the Charges Before My Trial?

Yes. There might not be enough evidence. A key witness might be unreliable. The police might have committed serious errors during their investigation. A defense attorney can tell you more about the likelihood of charges being dropped in your case. 

9. Can I Contact the Alleged Victim or Witnesses?

NO. California law makes it illegal to do anything designed to discourage someone from participating in a trial. While you might not think of trying to get someone to see your side of things as a big deal, if it seems like you are trying to persuade the victim to drop charges or not to testify – even if you didn’t think that was your intent – you could end up facing additional charges. So, do not contact any victims or witnesses. 

10. Can I Travel While I’m Out on Pretrial Release?

It depends. At the arraignment, some judges place conditions on pretrial release. If your conditions restrict travel, you should NOT leave the area designated by the judge. Even if your pretrial release conditions did not discuss travel limitations, you should talk to your Marin County criminal defense attorney and your pretrial release officer before leaving the county or state. 

11. Will My Case Go to Trial?

Probably not. According to the Marin County District Attorney’s Office, over 90 percent of criminal cases end in plea agreements. So, it’s highly unlikely for a criminal case to go to trial. 

12. Can I Represent Myself in a Criminal Case? How Can a Defense Attorney Help Me?

You can, but you shouldn’t. It is very difficult for a non-lawyer to win a case against a trained attorney. Multiple studies of civil case outcomes have found that people who represented themselves were far less likely to win than those who hired attorneys. You may be concerned with the cost, but with your freedom at risk, an attorney is a sound investment. An experienced Marin County defense attorney can help you protect your rights by: 

• Being present during any police interviews 
• Evaluating the strengths and weaknesses of the prosecution’s case 
• Filing motions to exclude illegally collected evidence from your trial 
• Advising you on the suitability of any plea offers  
• Arguing for the lowest possible sentence 

Contact a Skilled Criminal Defense Attorney for Immediate Assistance

If you’ve been arrested and charged with a crime in San Francisco or Marin County and need legal representation, contact Brownstein Law Group. Our attorneys have an established record of getting excellent results for our criminal defense clients. We can do the same for you. To learn more about how we can help you, call 415-965-6183 or use our online form to contact the Brownstein Law team today.