Frequently asked questions regarding Criminal Arrests
To speak with our experienced San Diego criminal defense attorney about the specifics of your situation, contact Superior Law Center immediately at (800) 823-0943 so that your rights are not compromised.
What if I have been contacted by a detective or investigator?
If you have been contacted by a detective or investigator for alleged criminal misconduct, you must contact an experienced and aggressive DUI and Criminal defense attorney now. Our experienced and aggressive DUI and Criminal defense attorney may be able to >prevent an arrest or the filing of criminal charges against you. Time is of the essence. Contact Superior Law Center now so that your rights are not compromised.
Now that I’ve been accused of a crime, what’s going to happen to me?
Once you have been accused of a crime, several different things may happen to you. First, if you have not already been arrested, the authorities may ask you to surrender to their custody so that you may be booked into jail for the crime you are accused of committing. Other times, no arrest may be made, and you will face the charges after a complaint has been filed against you by the District Attorney. Still, other times a warrant may issue for your arrest and the authorities will pick you up on the warrant. Whatever your circumstances may be, our experienced Criminal Defense attorney will work to see that the process goes as smoothly as possible and that you remain at liberty pending the outcome of your case.
What is the process in Court?
Arraignment – Should I appear without an attorney?
Your first court appearance is called an arraignment. This appearance date is either listed at the bottom of a citation or on a piece of paper given to you when released from jail. The arraignment is your opportunity to answer the charges that have been leveled against you. This typically comes in the form of a guilty or not guilty plea. Bail may also be set or adjusted at the arraignment hearing. Because so much is as stake, it is not advisable to appear at the arraignment without representation. You may unknowingly give up your rights or compromise your case.
To speak to our experienced, aggressive DUI and Criminal Defense attorney, contact Superior Law Center now so that your rights are not compromised.
Most Criminal cases are resolved at the pretrial stage. Following the arraignment, our attorney will be provided with arrest reports and other information about your arrest. A pretrial or readiness hearing is then set for a date several days or weeks after the arraignment, depending on the type of case. The purpose of the pretrial or readiness hearing is to attempt to resolve the court case or reach a plea bargain agreement. There may be several pretrial appearances while the attorney is gathering records and information and negotiating with the prosecutor and/or judge.
In some cases, our San Diego Criminal defense attorney can file a motion to resolve an issue in your case. A motion is essentially a report that is submitted to the prosecutor and the judge arguing a certain position. The motion oftentimes is accompanied by an evidentiary hearing in the courtroom where the attorney can present evidence or hear evidence presented by the prosecutor.
If your case is a felony, and our San Diego Criminal defense attorney is unable or unwilling to settle your case a pretrial conference, the attorney may set a date for a Preliminary Hearing. At the preliminary hearing, a judge will decide if there is enough evidence to hold you accountable for the charges at a jury trial.
Most cases do not result in a jury trial. Instead, cases are typically resolved on a pretrial basis. However, if you are not satisfied with the results of pretrial negotiations, and there is a good cause to contest your case, you and your attorney may elect to take your case before a jury. The jury trial takes place in a courtroom in front of the judge and jurors. Evidence may be presented by both the prosecutor and defendant. If your case goes before a jury, our San Diego Criminal defense attorney will work tirelessly to see that the most beneficial possible case is presented in your defense.
How long will it take to resolve my case?
The length of a criminal case depends on whether it is a misdemeanor or felony and the seriousness of the conduct alleged. In some instances, a prosecutor may delay filing a complaint against you, thus causing a delay in the court process. Once a complaint is filed, the average case will take 60 -90 days to resolve if no jury trial is involved. If a jury trial is involved, your case will take longer because we want to make sure we’re prepared to defend you in the most competent way.
What are the fees for hiring Superior Law Center?
Depending on the type & severity of your particular case, access to justice can sometimes be costly. But one of our goals at Superior Law Center is to not allow fees to stand in the way of getting you all the help that you need. The amount of the fee depends on the type and severity of you or your loved ones case. We can accept little or no money down and offer payment plan as well. We accept all major credit cards. To get an accurate estimate of your fees, you must contact Superior Law Center immediately about the charges against you. We are available 24 hours per day, 7 days per week to help you.
Will I have to serve jail or prison time?
Depending on the number of offenses and the particular circumstances surrounding your arrest, jail or prison time may be required. The possibility of jail or prison time is one of many dramatic examples of an accused person’s need to enlist the help of an experienced Criminal Defense attorney. Superior Law Center will fight to provide you with the best possible chance of avoiding jail or prison time. Because so much is at stake, you must contact Superior Law Center now to avoid compromising your rights.
How come my charges in court are different than my booking charges?
If you are arrested for a crime, the officer will tell the jail what you are being booked into jail for. These charges may change or expand once the District Attorney has filed a case against you because it is the District Attorney and not the arresting agency that controls the charges against you. Regardless of the charges you are facing, our experienced San Diego attorney can help you after a Criminal arrest to effectively defend your rights.
What happens if I injure somebody?
If you have been arrested for a crime involving injury of another person, you can be charged with an enhancement to the base charge. An enhancement is something that makes the punishment worse. The enhancement can apply to either a misdemeanor or a felony. The seriousness of the case often depends on the extent of the injuries involved. Because so much is at stake, you must contact Superior Law Center now to avoid compromising your rights.
What if I have prior convictions for the same thing I’m charged with in my recent arrest?
Having prior convictions for the same or other offenses can increase the potential punishments someone faces on a new charge. These punishments can increase with each successive conviction.
I feel like I’m guilty. Should I bother fighting the charges?
Yes, fighting your Criminal charge is always a worthwhile endeavor, if ever there was one. With the help of an experienced Criminal defense attorney, criminal convictions can potentially be prevented altogether. There are many factors that play into a Criminal arrest. The circumstances of the arrest are sometimes unclear and, even if the facts appear to point towards guilt, the rights of the accused may have been violated. Officers are often prone to error, the traffic stop may not have been legal, a search of your house may not have been legal, and scientific evidence may have produced a distorted result, and a host of other issues could apply. Regardless of your feelings or circumstances, an attorney is an invaluable resource.
Do I have to appear in court?
In most San Diego misdemeanor cases, Superior Law Center can represent you in court without your attendance. In fact, you may not have to set foot in court at all. There are some notable exceptions to this rule. For example, you must appear in court for a domestic violence case even if it is a misdemeanor. If your case is a felony, you must appear at every court hearing.
In a misdemeanor case, does it make me look bad if I don’t appear in court?
No, it does not hurt your credibility if you do not appear for pretrial court appearances. This is because your credibility is not assessed during pretrial motions. If a jury trial is carried out in your case, your presence will be important.
Will I have to go through a jury trial?
Most cases do not result in a jury trial. However, in some cases, there will be valid reasons to bring your case before a jury. If you and your attorney are displeased with the outcome of pretrial negotiations, and there is a good case to be made on your behalf, a jury trial may be the most beneficial course of action.
Is it possible for me to win my case outright?
Yes. It is entirely possible to win your case and avoid significant fines, jail or prison time, and a criminal record. More often, however, the charges are reduced to lesser offenses. By achieving a victory in court or obtaining a reduction in the charges against you, Superior Law Center is potentially able to prevent an arrest and conviction from ever appearing on your record. Even with a lesser charge on your record, jail or prison time can be reduced or avoided altogether, fines can be reduced, probation periods can be shortened, court ordered programs lessened, registration avoided, and your arrest will have much less of an impact on your life. Because so much is at stake, you must contact Superior Law Center now to avoid compromising your rights.