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.

No. You have an absolute right to remain silent and request an attorney. If you request an attorney, the police must stop questioning you.

An arraignment is the first court appearance where charges are read and a plea is entered. Almost always, the plea is “Not Guilty.”

No. A good attorney will work toward the best result, but cannot promise outcomes.

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.

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.

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.

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.

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.

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.

Not always. Outcomes vary by case depending upon the seriousness of the offense. Non-jail outcomes may include probation, diversion, or dismissal.

Convictions for felonies or domestic violence often result in permanent loss of gun rights.

Possibly, especially in licensed professions. Your attorney may help minimize impacts.

File for expungement or record sealing, if eligible. Laws vary by state.

Yes, courts can adjust bail or custody status if charges are modified.

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.

Once it’s no longer needed as evidence, you can request return. Legal help speeds this up.

Not always, unless required by contract or license terms. Ask an attorney to be sure.

In a federal criminal case, the process begins with an arrest and an initial court appearance within 48 hours. A detention hearing follows to decide if the defendant stays in custody. Charges are filed through a grand jury indictment or information. At arraignment, the defendant pleads, usually not guilty, and the court sets a trial schedule. The pretrial phase includes evidence exchange, motions, and plea negotiations. If the case goes to trial, the government must prove guilt beyond a reasonable doubt. After conviction or plea, a presentence investigation is conducted, and the judge imposes a sentence based on federal guidelines.

Facing federal money laundering charges in the U.S. is a serious offense with severe consequences. Accused individuals often lose access to banking, face IRS scrutiny, and risk business shutdowns. Professionals may lose their licenses, and a criminal record can block future employment. Penalties vary based on the amount laundered, the defendant’s role, and ties to other crimes like drug trafficking or terrorism.

If you are facing bribery charges, it’s crucial to understand the legal definition of bribery, which involves offering or receiving something of value to influence an official’s actions, and to build a strong defense by hiring an experienced white-collar criminal defense attorney who can challenge the prosecution’s evidence, investigate the allegations, and explore legal strategies such as lack of intent, entrapment, insufficient evidence, or coercion, all while aiming to create reasonable doubt and protect your rights, reputation, and future.

Assault and battery are distinct legal offenses that are often confused but differ in keyways. Assault is the intentional act of causing someone to fear imminent harm or offense, and no physical contact is required. Battery involves actual physical contact that is intentional and unlawful, such as slapping, pushing, or spitting on someone without consent. Assault is sometimes described as an attempted battery.  In many cases, both charges may apply if someone threatens and then physically harms another person.

Health care fraud is considered a serious federal offense due to its widespread impact on government-funded programs like Medicare and Medicaid, as well as its potential to cause patient harm, financial damage, and systemic abuse. These fraudulent schemes often involve false billing, unnecessary medical procedures, and even illegal drug distribution, such as opioid trafficking. Such actions not only compromise the integrity of the health care system but also drain resources meant for vulnerable populations. That is why it is very important talk to a criminal defense attorney.

If you are wondering, “Do I need a lawyer to accept a plea deal?” the answer is absolutely yes. Even when pleading guilty, having a criminal defense attorney ensures you fully understand the legal consequences, protects your rights, and helps negotiate the most favorable terms. Plea agreements can involve complex legal language, long-term impacts on your criminal record, and sentencing conditions that may not be obvious. Without legal counsel, you risk accepting a deal that could lead to harsher penalties or missed opportunities for reduced charges.

The most common reason criminal cases are dismissed is a lack of sufficient evidence. Prosecutors must prove guilt beyond a reasonable doubt, and if they cannot present reliable, admissible evidence, such as physical proof, credible witness testimony, or legally obtained materials, the case may be dropped. In many instances, evidence is excluded due to constitutional violations, such as illegal search and seizure under the Fourth Amendment or failure to read Miranda rights. Other frequent dismissal factors include procedural errors, uncooperative or unavailable witnesses, and prosecutorial discretion. Hiring an experienced private investigator who works closely with your attorney can significantly improve your chances of winning your case. A detail-oriented legal investigator brings critical insights, uncovers hidden evidence, and strengthens your legal strategy, making a powerful difference in achieving a favorable outcome.

To file criminal charges, a prosecutor must have enough evidence to establish probable cause, a reasonable belief that a crime occurred, and the accused is responsible. This can include police reports, witness statements, physical evidence, or surveillance footage. In felony cases, prosecutors may present evidence to a grand jury to secure an indictment.  While probable cause is sufficient to initiate charges, a conviction at trial requires proof beyond a reasonable doubt, meaning the evidence must be strong enough to eliminate any reasonable doubt about the defendant’s guilt. At least 12 grand jurors must agree that sufficient evidence exists to proceed.

The legal process for felony charges in the United States involves six key stages that uphold constitutional protections and ensure fair prosecution. First, law enforcement investigates reported or observed criminal activity, collecting evidence and submitting it to the prosecutor. If probable cause exists, the suspect may be arrested with or without a warrant and advised of their Miranda rights. Next, the prosecutor formally files charges through a criminal complaint or seeks a grand jury indictment for serious offenses. The defendant then attends an arraignment, where charges are read and a plea is entered, and bail may be addressed. During pretrial proceedings, both sides exchange evidence, file motions, and may negotiate a plea deal. If no agreement is reached, the case proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt. If convicted, sentencing follows; if acquitted, the defendant is released. This structured process, from accusation to resolution, is designed to protect individual rights and maintain the integrity of the criminal justice system.

When a person is arrested and contacts a criminal defense attorney from jail, the first legal advice is not to speak to anyone about your case. This includes law enforcement officers, fellow inmates, friends, and even family members, especially over recorded jail phone lines. Jail calls are always monitored and recorded, and anything said can be used against the individual in court. Instead of discussing case details, Sacramento defense attorneys advise clients to focus on confirming legal representation and requesting a private, unrecorded consultation.

Miranda rights play a vital role in protecting individuals during police interrogation by ensuring they understand and can exercise their constitutional protections. The core components of the Miranda warning include the right to remain silent, the warning that anything said can be used against you in court, the right to an attorney, and the right to have an attorney appointed if you cannot afford one. These procedural protections are designed to shield individuals from self-incrimination and prevent coercive or manipulative questioning tactics. By invoking Miranda rights, a suspect can stop police questioning until legal counsel is present. This helps ensure that any statement made is voluntary and legally admissible. If law enforcement fails to issue a proper Miranda warning before interrogation, any statement obtained may be excluded from evidence in court.

Yes, criminal charges can be dismissed before trial based on a variety of legal and procedural factors. Prosecutors have the discretion to drop charges if they determine the case lacks sufficient evidence to support a conviction. In many instances, charges may be dismissed during a pretrial hearing, especially if the defense successfully challenges the credibility or admissibility of the evidence or identifies procedural errors. Common grounds for dismissal include insufficient evidence, where the prosecution cannot meet the burden of proof beyond a reasonable doubt. Constitutional violations such as unlawful searches, failure to issue Miranda warnings, or denial of a speedy trial can also lead to dismissal. Additionally, procedural mistakes, like errors in filing charges or improper arrest procedures, may invalidate the case. One of the strongest reasons for dismissal is the unavailability or unwillingness of key witnesses, which can severely weaken the prosecution’s case. In some situations, defendants may qualify for diversion programs, which allow charges to be dismissed upon successful completion of court-approved rehabilitation or education efforts.

Facing criminal charges while knowing you are innocent can be an overwhelming experience, but it is common in the justice system. In many cases, innocent individuals are charged due to mistaken identity, false accusations, misleading evidence, or procedural errors by law enforcement. Eyewitnesses might identify suspects under stress, and accusations can stem from personal conflicts, misunderstandings, or intentional deceit. Sometimes, limited or circumstantial evidence is used to justify charges, even if it doesn’t conclusively prove guilt.  If you’re in this situation, it’s crucial to contact an experienced Sacramento criminal defense attorney immediately, avoid discussing your case publicly, and begin gathering documentation or evidence that supports your innocence. Protecting your rights early on can make a significant difference in the outcome.

Even if you admit guilt, it is still often worth fighting criminal charges. The legal system provides various strategic ways leading to reduced penalties or lighter sentences, or even alternative outcomes that protect your future.  Defense attorneys can negotiate plea bargains that lower the severity of the charges, argue for leniency based on mitigating circumstances, or recommend participation in diversion programs that may result in the dismissal of charges after completion. Legal errors can still be challenged in court and may lead to reduced or dismissed charges.  Protecting your criminal record is crucial, as convictions can impact job opportunities, housing applications, and immigration status. Even when guilt is admitted, every person is entitled to a fair process and a qualified legal defense.

No! Criminal defense attorneys cannot ethically or legally guarantee that you won’t go to prison. If a lawyer claims they can guarantee no jail or prison time, it’s a red flag. Instead, a skilled defense attorney will evaluate your case, identify weaknesses in the prosecution’s argument, and advocate for the best possible resolution. While experienced lawyers can significantly improve your chances of avoiding jail time through strategic defense, plea negotiations, or alternative sentencing options, the outcome depends on many factors outside an attorney’s control, including the strength of the evidence, the nature of the charges and the negotiation stance of the DA.

In most situations, arrest records and criminal charges are considered public records in the U.S., meaning they can be accessed by law enforcement, courts, background check companies, and even private individuals. These records are often available online or through public records requests and may appear in background checks, even if no conviction occurred, depending on state laws. Juvenile records are typically private, and some adult records can be sealed or expunged by court order, making them inaccessible to the public. In California, individuals who were arrested but not convicted may be eligible to have their records sealed. This includes cases where charges were dropped, never filed, or resulted in a non-guilty verdict. Once sealed, the record is removed from public databases and generally won’t show up in background checks.

Choosing between accepting a plea bargain or going to trial in California is a crucial decision that depends heavily on the specifics of your case and profoundly affects your future. A plea bargain allows you to resolve your charges to a reduced offense or receive a lighter sentence, which can minimize jail time, lower legal costs, and shorten the overall process.  Yet, going to trial means challenging the prosecution to prove your guilt beyond a reasonable doubt. While trials carry more risk and can be time-consuming, they also offer the opportunity for acquittal or dismissal if your defense is strong. Factors like the quality of the evidence, potential penalties, your prior record, and advice from your defense lawyer should guide your decision. Evidently, while plea bargains may offer certainty and leniency, a trial could be the better option if your case has strong legal defenses or procedural flaws.

Criminal charges can deeply impact your life beyond the courtroom. Families may face emotional stress, financial strain, and changes in custody or visitation. Professionally, charges can lead to job loss, revoked licenses, and limited career options due to background checks. For immigrants, the risks are even greater. Charges may result in deportation, visa denial, or green card ineligibility or inability to become a citizen, especially for serious offenses. To protect your future, consult experienced criminal defense and immigration attorneys in Sacramento or Roseville.

Violating probation or bail conditions can lead to serious legal consequences, including the possibility of jail time. Courts view these violations as breaches of trust and may respond swiftly by issuing a warrant for your arrest. If you broke the terms by missing required meetings, failing drug tests, or committing a new offense, you could face a probation violation hearing. Depending on the severity, the judge may revoke probation and may also impose jail or prison. Likewise, violating bail terms can result in the court revoking your bail and ordering you back into custody. In some cases, the judge may set a higher bail amount or deny bail altogether, leaving you incarcerated until your next hearing.

A criminal arraignment is the defendant’s first formal court appearance after being charged with a crime. There are several steps during the arraignment process. The judge reads the charges aloud, informs the defendant of their legal rights, and asks for a plea, typically guilty, not guilty, or no contest. If the defendant is in custody, the court may address bail or release conditions. The arraignment also serves to schedule future court dates. To prepare, a defendant should secure legal representation, understand the charges against them, familiarize themselves with their rights, dress appropriately to show respect for the court, and arrive on time with necessary documents. This stage sets the tone for the legal process, so approaching it thoughtfully and with proper guidance can make a significant difference.

In California, refusing a breathalyzer test after a lawful DUI arrest is illegal under the state’s implied consent law. By holding a California driver’s license, you have already agreed to submit to a breath or blood test if arrested for driving under the influence. Refusal triggers automatic penalties, including a one-year license suspension for a first offense, two years for a second, and three years for a third. These penalties apply even if you are not convicted of DUI.

Additionally, refusal can lead to enhanced criminal penalties, such as extra jail time and mandatory DUI education programs. Prosecutors may also use your refusal as evidence of guilt in court.