Santa Cruz and Monterey Criminal Defense Lawyer

ARRESTED & ACCUSED OF A CRIME
IN MONTEREY, SANTA CRUZ OR SAN BENITO COUNTIES?
Call Now (831) 373-3151 (Monterey) or
(831) 475-3151 (Santa Cruz)

THE CRIMINAL DEFENSE SPECIAL REPORT*
7 THINGS THAT THE YOU MUST KNOW ABOUT YOUR CASE

THE MONTEREY BAY EDITION

1. WHAT IS THE DIFFERENCE BETWEEN A FELONY AND A MISDEMEANOR?
- In California there are two types of crimes. A felony is a crime which is punished as imprisonment in the state prison. A misdemeanor is a crime which is punished as imprisonment in the county jail not exceeding one year. In California many crimes are punished as either a felony or a misdemeanor. These types of crimes are called “wobblers.” Depending upon the facts of a particular case, it is not uncommon to have the charges reduced from a felony to misdemeanor.

What If I have been charged with a Felony?
- There are two processes in California when someone has been charged with a felony. One, which is rarely if ever used, is through grand jury indictment. The other is through the filing of a criminal Complaint. Once a Complaint is filed, you are brought to court and arraigned on the Complaint. You have the choice to enter a guilty or no contest plea, or a not guilty plea. You may also ask for more time to hire a criminal defense lawyer. If you enter a guilty or no contest plea, you will most likely be sent to probation for preparation of a pre-sentence investigation report. If you enter a not guilty plea, a preliminarily hearing will be set. A preliminary hearing is simply a check on the prosecutor’s power to charge a person with a serious crime. At the preliminary hearing a judge sits as a magistrate and determines two issues:

(1) Was it more likely than not a crime was committed? and
(2) Was it more likely than not that it was the defendant who committed that crime?

This is a preliminary finding and is not the “beyond a reasonable doubt” standard needed to convict an accused. If there is sufficient evidence produced at the preliminary hearing, then the defendant is held to answer and a new document called an Information is filed. The defendant is then arraigned on the Information and a trial date is usually set. As you can read, a felony accusation is very serious.

What if I have been charged with a Misdemeanor?
A misdemeanor is still a very serious matter. Typically a Complaint is filed and you are notified of the arraignment date. At the arraignment, the charges are read to you and you have the choice of either entering a guilty or no contest plea, a not guilty plea or you can ask for more time to speak to a defense lawyer. At the arraignment a pretrial hearing may be set followed by a trial, if necessary.

2. CAN I GET THE BAIL REDUCED OR CAN I BE RELEASED ON MY OWN RECOGNIZANCE?
- Everyone accused of a crime has the right to reasonable bail pursuant to the Eighth Amendment of the Constitution. The posting of bail is to reduce a flight risk and to ensure public safety. Bail is typically set according to the county bail schedule; however, depending on the facts of the case, a motion to reduce the bail or have the accused released on his own recognizance (O/R) may be appropriate. If you have questions regarding this procedure, please contact a Monterey criminal defense lawyer at our office.

3. DO I HAVE TO GO TO COURT?
- If you have been charged with a felony, you must personally appear in court. However, depending upon your circumstances the judge may allow you to execute a waiver of personal appearance pursuant to Penal Code section 977. This form must be executed in open court.

If you have been charged with a misdemeanor other than domestic violence, an attorney can appear for you. You never have to go to court if you do not want to.

4. DO I REALLY NEED A LAWYER?
- Hiring a good criminal defense lawyer is always to your advantage. Remember, the district attorney is a lawyer. Having a defense lawyer on your side who is looking out for you is the safest way to make sure that you are treated fairly in this whole process that you are in the middle of; be careful. There are a lot of slick sales people out there who will take your hard-earned money and then immediately plead you guilty. You need a criminal attorney who is experienced and who will actually fight for you. You need a lawyer who has access to private investigators and independent experts who will fully investigate your case.

Will the lawyer personally handle your case?
- You will also need a lawyer who will personally work on your case. There are a lot of big city lawyers who advertise that they can represent you. Most of these lawyers refer the case out to another criminal attorney who goes to court and you will never really know who is handling your case. Again, make sure that the criminal defense lawyer you hire will personally handle every aspect of your case. You and your case deserve a lawyer who will provide the highest level of professional service.

- You also need a criminal lawyer who is known by the prosecutors, the judges, and the court clerks. A good local lawyer will make sure that your case does not get assigned to a particular judge that may punish you more severely than other judges. An out-of-town lawyer will not know which judges to avoid.

Will the lawyer keep out illegally seized evidence?
- You have Constitutional rights. If you have been arrested and the evidence has been seized in violation of your Constitutional rights, your attorney can ask the court to exclude this evidence. It is important to ask the attorney if he or she routinely makes these motions pursuant to California Penal Code section 1538.5. You and your case deserve a criminal defense attorney who actually understands the law in this area. A good way to find out is to ask the attorney if he or she has ever done appellate work with regard to search and seizure law.

Will the lawyer represent me for the entire case?
- Most lawyers only represent their clients through the conclusion of the criminal proceedings. After conviction, your case may have many confusing and time-consuming aspects, ranging from enrolling in court mandated programs, enrolling in a work alternative program, home confinement, or formal probation. You should hire a lawyer who will handle the entire case. You and your case deserve a criminal defense lawyer who will help you through the entire process from beginning until the end.

Will the lawyer evaluate my case for free and tell me truth about my case?
- It is unethical for an attorney to guarantee the outcome of a case. If your lawyer promises you a specific result, then he or she is behaving unethically and you should find another criminal lawyer to represent you. Most attorneys will offer you a free consultation or evaluation of your case. You should take them up on it. Do not feel pressured to hire them if you do not want to. Bottom line: You should at least consult with a criminal attorney before your first court appearance.

Will the lawyer take payments or credit cards?
- In today’s society, even lawyers take payment plans and credit cards. Ask the lawyer if he or she takes payments or credit cards. Lawyers are expensive. You should find a lawyer who will work with you regarding the manner of payment. Remember, you also get what you pay for.

5. CAN I PARTICIPATE IN A DRUG TREATMENT PROGRAM?
- Depending on the facts of your case, you may be eligible to participate in the following programs:

• Deferred Entry of Judgment
  • If you complete the program the entire case could be dismissed
• Proposition 36

• Drug Court

- If you have questions regarding your drug case, please contact our qualified criminal defense lawyer.

6. WHAT IF I HAVE BEEN CHARGED WITH DOMESTIC VIOLENCE?
- If you have been charged with a crime involving domestic violence, you need to consult a domestic violence law defense attorney who is experienced in:

• Contesting criminal protective orders
• Contesting move out orders
• Contesting restraining orders
• Contesting prior “bad acts”

7. WILL I GO TO JAIL OR PRISON?
- That is always the most difficult question to answer. However, depending on the facts of your case and your particular background (i.e. first criminal offense vs. violation of parole) you may be able to participate in programs such as:

• Alcohol or drug rehabilitation programs
  • Our firm has referred many clients to these types of programs and our clients have received credit against their jail sentences
• Work Alternative/ Community Service

• Electronic Monitoring/ House Arrest
  • You would be allowed to go to work

Additionally, our firm has access to private companies who can set up electronic monitoring if necessary. If you are concerned about your liberty, please contact our office to discuss your case with our qualified California criminal defense attorney.

A NOTE FROM THE AUTHOR
I hope that this Special Report has helped answer some of the questions that you may have had regarding your criminal case. Of course, all of the answers cannot be contained in this Report. If you have any questions about your case and would like a free and honest evaluation of your case, you must contact me as soon as possible or I may not be able to help you as much as you deserve.

Call now to schedule your free evaluation before it is too late!
(831) 373-3151

The facts of your case may be different than those listed below. As such, you should not take action based upon the examples listed below. However, the results are from actual clients’ cases litigated by me in Monterey, Santa Cruz and San Benito Counties. This list simply demonstrates that there is hope in every criminal case.

Recent Results:

* EMP = Electronic Monitoring / Home Confinement in lieu of Jail
** C/S = Community Service in lieu of Jail

For your convenience, I will schedule after hours and Saturday appointments. You can email me 24 hours a day, 7 days a week. We offer competitive rates and payment plans in some cases. My staff and I are here to help you.

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Representing clients in Monterey County, Santa Clara County, Santa Cruz County, and San Benito County, including the communities of Monterey, Carmel, Pacific Grove, Pebble Beach, Seaside, Salinas, King City, Watsonville, Santa Clara, Santa Cruz, Scotts Valley, Capitola, Aptos, Soquel, Hollister, California, Santa Cruz, Capitola, Scotts Valley, Boulder Creek, Felton, Aptos, Rio Del Mar, Watsonville, Corralitos, Live Oak and Los Gatos.