Criminal What is a misdemeanor? What is a felony? A felony is a crime punishable by state prison. Misdemeanor and felony defendants are guaranteed certain rights because of the seriousness of the charges they face, including the right to an attorney and the right to a jury trial. Misdemeanors and felonies are different from "infractions", such as speeding tickets, because a misdemeanor or felony can involve the possibility of jail and large fines. _______________________ I've received a notice to appear in Court at an "arraignment". What happens at the arraignment? The first step of a California criminal prosecution is called an arraignment. This is your first appearance at the criminal court. At arraignment, the court usually asks the defendant to enter a plea of "guilty" or "not guilty." The court typically does not consider whether the charges are true or not, and no evidence is presented. Your attorney could appear for you at a California misdemeanor arraignment without your personal appearance. At the arraignment, the judge may consider whether to return to court without bail on your own recognizance, or set bail and it could be lower, or higher. The court may also make orders placing restrictions on the defendant, such as where he or she may live, who they can have contact with, whether they can drink alcohol, or drive. __________________________ What should I do after a DUI arrest? After a typical California DUI arrest, you usually have only ten days to request a hearing from the Department of Motor Vehicles to challenge the administrative suspension of your California driving privilege. If a hearing is not set, and a "stay" (or postponement) of the suspension is not requested, your license may be automatically suspended after 30 days if your blood alcohol level was at 0.08% or greater when tested. If this arrest is not your first arrest for DUI, your penalty are higher by law. ________________________ I want to avoid jail if at all possible. Can I avoid jail? An effective defense attorney strives for reduction or dismissal of charges, always seeking to minimize the impact of the case upon the accused. Revealing flaws in the prosecution case, together with skilled negotiation, can produce significant results upon reviewing discovery documents tendered to defense by Prosecutor. However, some types of cases can involve jail time, due to mandatory sentencing rules or because of the seriousness of the offense. A major role of the defense attorney is to explore and recommend alternatives to incarceration, where appropriate. These sentencing alternatives include in-house and outpatient treatment programs, counseling, volunteer, and work programs, formal probation, house arrest, fines, classes, and weekend confinement when it is available or could be obtained from the Court. These alternatives can sometimes be utilized in lieu of jail time, sometimes facilitating settlement of a case. ___________________________ What are my constitutional rights? A criminal defendant has important constitutional rights. Your rights include: 1) to be represented by an attorney of your choice or to have one appointed for you, 2) to have a speedy trial, 3) to have a public trial by jury, 4) to subpoena witnesses without expense, 5) to confront witnesses against you, 6) to testify in your own defense, 7) to remain silent, 8) to be sentenced in not less than 6 hours or more than 5 days from the time of plea, and 9) to appeal.________________________ What effect will a criminal conviction have on me? If you are not U.S. citizen, a conviction could impact one's non immigrant visa status as well as your immigrant status, pending immigration application, re-entry into the U.S., obtaining citizenship and could result in your deportation. A non U.S. citizen conviction may have severe immigration consequences. Our office deals with overlapping immigration consequences of criminal convictions. We will evaluate your case and advise whether it is safe to accept a plea or whether conviction result in being excluded from future immigration benefits. Many defendants will face immigration hold after release and serving their time in prison as a result of their criminal conviction or plea. Usually when there is an Immigration Hold, the individual will be transported to immigration detention by Immigration & Customs Enforcement (ICE) for deportation proceedings. We can discuss the impact a criminal conviction may have and how you can avoid facing deportation. After conviction for certain drug and alcohol offenses or convictions that generate points on one's driving record (principally DUI or driving on a suspended license), a conviction could result in the suspension of one's driver's license by DMV. Certain violent offenses can affect the right to bear arms. Also there are severe immigration consquences arising from Drug charges. Criminal records are sometimes compiled and sold by public search and records companies. An employer or future prospective employers might obtain this information and use it to determine hiring, termination, promotion, and benefits. A criminal arrest or conviction can also affect applications for state licenses, renewal of licenses, and application for business permits, among other things such as domestic violence or under influence of drugs and alcohol convictions. ___________________________ What is a "rap sheet" and how does it work? California Offender Record Information, "CORI," also know as "Rap Sheets," are documents maintained in a database by the California Department of Justice. Under Penal Code Section 13125, once someone is arrested, a record of that arrest and the subsequent activities in the resulting criminal prosecution may be recorded and maintained on their "rap sheet". This information is typically available only to local and state law enforcement personnel, courts, certain public entities, prosecutors, and federal law enforcement agencies. Even if a case results in a dismissal or acquittal, the information on the "rap sheet" may be preserved indefinitely. In other words, even if all charges are dropped, this does not necessarily cleanse the criminal record of the notations showing arrest and prosecution.
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