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Criminal Lawyer Oakland, CA
Your heart may race when you see flashing lights behind you or hear the click of handcuffs being placed on your wrists as fear and confusion fill your mind.
Felony Criminal Cases
defending probation violations, Probation modification & termination
Asset Forfeiture Cases
Criminal Defense Lawyers in California
Your heart may race when you see flashing lights behind you or hear the click of handcuffs being placed on your wrists as fear and confusion fill your mind. You might wonder whether you will go to jail or how the arrest would affect your job and your family.
In California, Penal Code statutes define what is considered a criminal offense and what criminal procedures should be followed if someone is accused of one. Being charged with a crime should always be taken seriously, no matter the offense in question. You may end up with a permanent criminal record, spend time in jail and pay fines.
Having criminal charges filed against you can be a stressful experience. You may not know what to expect or what to say. However, an Oakland criminal defense lawyer can guide you through the criminal justice system and help you fight for the best outcome.
How Does Criminal Law Work?
According to the California Penal Code (section 15), “a crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it.”
If a person is convicted of committing a crime, they can face punishment such as removal from office, disqualification to hold and enjoy any office of honor, fines, imprisonment, and even death.
Classification of Crimes in California
Criminal offenses in California are divided into the following categories:
Infractions are the most minor offenses and are generally punishable by fines. In contrast, misdemeanor and felony cases are considered serious offenses requiring legal representation from Oakland criminal defense attorneys.
A misdemeanor is a criminal offense with a maximum sentence of a year in jail and a fine of up to $1,000. If the defendant in a felony criminal case is convicted, they could spend several years in prison and be fined harshly. In addition, some felonies have mandatory minimum sentences, which means that a defendant has to spend a certain amount of time in prison if convicted.
Certain crimes in California are considered ‘wobbler’ crimes. That means the crime can be prosecuted either as a misdemeanor or a felony, depending on the circumstances of the case. In such cases, the prosecutor considers the defendant’s criminal history when deciding how to prosecute the crime. Domestic violence, forgery, and assault with a deadly weapon are examples of wobbler crimes.
What Happens After an Arrest?
When a person is arrested on a criminal charge, they will be taken to jail. In some cases, defendants could post a bond and be released from jail, pending criminal trial. But, if criminal charges involve violent crimes, defendants will most likely stay in jail.
The prosecutor has to file charges within 48 hours after the arrest. At the arraignment, the defendant can hear the nature of the criminal charge and plead guilty, not guilty, or no contest.
A qualified criminal defense lawyer can run your defense and help you with all the legal matters relating to criminal procedure. As part of the pretrial motions, the criminal lawyer will attempt to mitigate the criminal charges and fight to get the charges dropped.
People vs Javiar D. – 2019 – Alameda Superior Court
Charges: Probation Violation and Driving under the influence of alcohol
Action: File and argue motion to suppress evidence based on lack of probable cause to detain defendant
Result: All charges dismissed.
People vs Matthew F. – 2019 – Alameda Superior Court
Charges: Invasion of the Privacy with Camera
Action: File and argue motion for violation of speedy trial rights
Result: Charges dismissed
People vs Andeas S. – 2019 – Alameda Superior Court
Charges: Felony Vandalism and Unauthorized Entry of a Dwelling
Action: Prepare and present mitigation package, negotiate with prosecution, repayment of damages
Result: Case dismissed after 6 months of informal diversion
People vs. G.M – 2018 – Alameda Superior Court
Charges: Carjacking with a Deadly Weapon, Special Allegation for Use of a Firearm in the commission of a felony
Action: Prepare and present mitigation package and heavy negotiation with prosecution
Result: Plea Bargain to Felony reducible charge of Accessory to a Crime with 6 months of Electronic Home Detention and Probation
People vs. Nikhil D. – 2018 – San Mateo Superior Court
Charges: Driving under the influence of Marijuana
Action: Trial by way of Jury
Result: Case dismissed
How Can a Criminal Defense Lawyer Help You?
Oakland criminal defense lawyers can provide help in several ways. They can first evaluate the prosecution’s evidence against you and tell you what options are available to you.
An excellent criminal defense lawyer may be able to meet with the district attorney and discuss your case with them, sometimes even before charges are filed. This may lead to the prosecutors filing charges as a result.
Overall, your Oakland criminal defense attorney can suggest a criminal defense strategy, negotiate a plea bargain or provide aggressive defense and legal counsel if the case advances to trial. They can also advise you about sentencing alternatives that may be available in your case.
Rebecca Fiegelson Law offers legal representation and handles several areas of criminal law, including:
- Drug charges
- Domestic violence
- Theft and White-collar crimes
- Probation violation hearings
If you have already been convicted of a crime, we can also assist you with getting your criminal record restricted, especially if you are seeking employment. Don’t let past mistakes ruin your chances of future employment opportunities.
Need a Criminal Defense Law Firm?
Reach Out to Rebecca Fiegelson Law
The California criminal justice system is complex, so if you ever find yourself caught up in it, you may need all the help you can get to navigate it, mitigate the charges, and get your life back on track.
Whether you are charged with drug offenses, DUI, domestic violence, or other criminal charges, remember that a guilty verdict carries potential lifelong consequences. Rebecca Fiegelson Law can help you lift the burden off your shoulders and to fight fiercely to protect your rights.
In addition to criminal cases, we also handle asset forfeiture, an oppressive legal process through which the state or federal government can take away your private property.
Call us at (415) 562-5541 for a free consultation so we can discuss your case and present your legal options.
Frequently Asked Questions
Should I Hire A Criminal Defense Attorney If I’m Charged with a Crime?
An individual charged with a crime is almost always better off with the help of an attorney. Although some people choose to represent themselves, it is challenging for a layperson to handle their own cases competently. If a police officer questions you without an attorney present, your answers can be misconstrued, making a bad situation even worse.
It is best to hire a criminal defense attorney as soon as possible if you have been arrested or are being investigated as a suspect.
What If I Can’t Afford a Criminal Defense Lawyer?
If you’re under investigation or facing criminal charges, you shouldn’t make any decisions about your case without consulting criminal lawyers. If you can’t afford to pay a criminal defense lawyer, the court system may appoint one for you if you qualify for it. However, you may need to provide information regarding your assets, income, and expenses.
Although a court-appointed public defender may be good at their job, they may have too many cases already. As a result, they may not be able to give your case the time and attention required to deal with the intricacies of your case that a private criminal defense attorney would.