Kersey Law Criminal Defense Attorney in San Diego, California, Educating Clients on Their Rights and Options When Charged With a Crime

Your criminal record includes arrests, even if charges were dropped or you were acquitted, and convictions. These records are often available for public online search and view, and your criminal record is almost always part of a background search that may be required for certain jobs. Your criminal record is generally permanent, but it is possible to get a record cleared or sealed in the state of California. Whether this is possible depends on if you were convicted or just arrested and what the infraction was. The best way to determine if your record is eligible for clearing is to speak with a California criminal defense attorney.

The only way to get criminal charges dismissed or dropped against you is for the prosecution to choose to do so. This generally only happens if they don’t believe that they have enough evidence to secure a conviction, which can happen if the evidence is going to be thrown out for being illegally obtained — such as through illegal search and seizure — or if a key witness doesn’t want to testify. An experienced criminal defense attorney can discuss the details of the case with you, including what evidence the prosecution has and whether they may be likely to drop the charges.

To avoid a criminal trial, you will need to plead guilty or the prosecution has to drop the charges against you. Depending on your charges and the evidence the prosecution has, your defense attorney may be able to work out a deal with the prosecution for you to plead guilty to a lesser charge in exchange for a reduced sentence. While a plea deal isn’t the right option for every case, avoiding a trial can take the uncertainty out of what penalties you may face if convicted and significantly speed up the entire court process.

At your arraignment, the judge will decide whether to set a bail amount or to order that you be remanded into custody until the trial. Obviously, most people wish to be offered bail so they can avoid jail time while waiting for the case to be heard in court. Having a criminal defense attorney can increase the chances of being offered bail because they can argue that you have a clean record, aren’t a danger to the community, or aren’t a flight risk because of your family or other ties in the area. If you are granted bail, you will still need to pay the full amount to be released. If this is too expensive, you may be able to use a bail bondsman to assist.

If you’re convicted of a crime, you will be sentenced in a separate hearing. Depending on the specific charge, a sentence can range from a fine to jail time and sometimes both. More serious offenses have harsher sentences. If you’re convicted, your attorney will discuss with you the range of potential sentences. At the sentencing hearing, both sides will have the opportunity to argue for what they believe is appropriate before the sentence is determined. If you are sentenced to jail time, you will be taken to the facility immediately after the hearing.

While it’s technically possible to represent yourself in a criminal proceeding, it’s not a good idea. Criminal defense cases often hinge on technicalities, and an attorney has in-depth knowledge of the laws and police procedures that can help make or break your defense. A lawyer can also explain to you the pros and cons of each defense option and be there to appeal a conviction if applicable. If your case goes to trial, having a criminal defense attorney represent you can give you a significant advantage over representing yourself.

Yes, it is possible to appeal a case if you are convicted, but you have to have grounds to appeal. In most cases, you need to be able to argue that there was some miscarriage of justice or that the judge overlooked key evidence or testimony that would have reasonably changed the course of the case if the jury would have been able to hear it. There may be other reasons for appeal, such as a jury member not following orders. In general, it is difficult to overturn a conviction on appeal, and you will need to discuss this possibility with your attorney.

The most important thing to do when you’re arrested is comply with any orders from the police and refuse to answer any questions without an attorney present. Refusing to comply with orders during the arrest can lead to additional charges, such as resisting, and it can make it harder to be granted bail after you are arraigned. Investigators will also often try to talk to you about the case or get you to admit to things during questioning, and having an attorney present can ensure you don’t offer up more evidence or otherwise incriminate yourself.