Facing any criminal charge can be a stressful and unnerving experience. However, when it comes to bail and release, those accused of a crime has statutory and Constitutional rights. Furthermore, a lawyer should be used to advise the accused in addition to friends and family on the best course of action regarding bail. In general,…
When a person gets arrested, there is an entry on their criminal record, also known as a “rap sheet”. The entry will list the date of the arrest, the location of the incident, and the code section that was reported to have been violated, such as Penal Code section 459 (a Burglary in California). If…
Another common question for San Diego criminal defense attorneys is, “How can you defend someone if you know they’re guilty?” Well, when a person is charged, or under investigation, they are #NOTGUILTY. Under the law, you are not guilty of any crime unless or until 1. You decide to plead guilty, or 2. You are…
One of the most common questions you get as a San Diego Criminal Defense Attorney is, how can you defend someone who committed X? It’s a great question. The short answer is in the Sixth Amendment, which says in part, “In all criminal prosecutions, the accused shall . . . have the Assistance of Counsel…
Under the Fourth Amendment to the constitution, people have a right to be free from unreasonable searches and seizures. The Fourth Amendment requires officers to have a warrant prior to conducting a search. There are some exceptions to the warrant requirement which we will discuss as well. Over the years, The United States Supreme Court has decided cases shaping our…
When officers make an arrest, they have the option of merely issuing a citation for the person to later appear in court, or take them into custody. That decision depends on how serious the crime is. Petty offenses warrant a citation, whereas violent crimes or serious felonies will likely land a person in custody. A…
The first hearing in a criminal case is called the arraignment. The primary purpose of an arraignment is to give the defendant (“the person accused of the crime”) written notice of the charges and for the defendant to enter a plea. Arraignments are usually held within 48 hours of a person’s arrest, if they’re in…
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