Criminal Defense FAQ: Know Your Rights and What to Expect
Navigating the criminal justice system can feel overwhelming and uncertain, especially if you’re facing criminal charges. At Chastaine Jones, we understand you have questions and concerns. We’ve compiled answers to some of the most frequently asked questions about criminal defense and your rights to help you better understand what to expect during this process. For personalized guidance, our experienced attorneys are here to support and advocate for you every step of the way.

What happens after a person is arrested?
After an arrest, a person is usually booked into a local jail. While some people may be released with a promise to appear, other people may have to pay bail to be released. If a person does not bail out, they must be taken to a magistrate within 48 hours – but this time period may be longer if a person is arrested on Friday night, or on the weekend.
Do I have to speak to the police after being arrested?
No. You have an absolute right to remain silent and request an attorney. If you request an attorney, the police must stop questioning you.
What is an arraignment in criminal court?
An arraignment is the first court appearance where charges are read and a plea is entered. Almost always, the plea is “Not Guilty.”
Can a criminal defense lawyer guarantee a specific outcome?
No. A good attorney will work toward the best result, but cannot promise outcomes.
How much does a criminal defense lawyer cost?
It varies based on the complexity and severity of the case. The location of the court and the experience of the attorney will also be factors that influence the cost. Both, flat fees or hourly rates are common. Attorneys will often work with clients to make payments.
Can I seal or expunge my criminal record?
Sealing and expungement are different. Sealing means that all records of arrest and any documents or related information are erased from the criminal history. Expungement means that you are allowed to withdraw your plea and the records will show that you were not convicted. However, the record of arrest will remain. Depending on the nature of the conviction, whether you completed probation, you may be eligible for expungement, sealing, or both. Both require a petition to the court.
What are my rights if I’m arrested?
You have the right to remain silent, you have the right to request to speak with an attorney, and to be informed of the charges.
What should I bring to my first meeting with a criminal defense lawyer?
You should bring any paperwork that you have. Any papers that you get from law enforcement, the bail bonds company, or jail. You should be prepared to discuss the facts of the case, and any potential witnesses that may be of assistance.
Will I get arrested when I go to court?
Occasionally, after a person is arrested, if the District Attorney decides to add charges, it may result in a request to increase bail. Having an attorney at an arraignment can assist with preventing an arrest at the arraignment.
When can I get out?
If bail is set and you are able to post bail you should be able to get out on the same day. If you cannot post bail, you will be brought to court for an arraignment where you may ask for release or a bail reduction.
Will I have to do jail time?
Not always. Outcomes vary by case depending upon the seriousness of the offense. Non-jail outcomes may include probation, diversion, or dismissal.
Will I lose my gun rights?
Convictions for felonies or domestic violence often result in permanent loss of gun rights.
Will I lose my job/license?
Possibly, especially in licensed professions. Your attorney may help minimize impacts.
How can I have this expunged/cleared from my record?
File for expungement or record sealing, if eligible. Laws vary by state.
Will they raise my bail and take me into custody if they add or change charges?
Yes, courts can adjust bail or custody status if charges are modified.
What is the statute of limitations?
The time limit to file charges varies by crime type. Felonies have longer limits, and some crimes, such as homicide, have no statute of limitations.
When can I get my property back from the police?
Once it’s no longer needed as evidence, you can request return. Legal help speeds this up.
Do I have to tell my job I was arrested?
Not always, unless required by contract or license terms. Ask an attorney to be sure.
What You’ll Learn from Our Criminal Defense FAQ:
This FAQ covers key aspects of the criminal justice process, including what happens after an arrest, your rights when dealing with law enforcement, and what to expect at your first court appearance. It also addresses practical questions such as how bail works, whether you could face jail time, and how your employment or professional license might be affected.
You’ll also find information about legal fees, options for expunging or sealing your record, and what steps to take when preparing to meet with a criminal defense attorney. Whether you’re currently facing charges or helping a loved one through the process, these answers are designed to provide clarity and peace of mind.
Take the First Step Toward Protecting Your Future:
At Chastaine Jones, we understand that facing criminal charges is one of the most stressful experiences a person can endure. Our award-winning attorneys bring decades of experience, a deep understanding of California law, and a personal commitment to defending your rights. Whether you’re being investigated, have already been arrested, or are preparing to go to court, we’re here to help—without judgment, and with your future in mind.
Don’t wait until it’s too late. Call us today at (916) 932-7150 or request a complimentary confidential consultation online. The sooner you reach out, the more we can do to help.