Question 1

Can I represent myself in a criminal case?

Accepted Answer

You have the legal right to represent yourself, but it is almost always a bad idea. With your future at stake, you should have a defense attorney who will protect your constitutional rights, challenge weaknesses in the prosecution’s case, and advocate on your behalf in plea negotiations and at trial if necessary.
If you have questions that weren’t answered here, or if you need an experienced defense attorney, call (415) 824-4000 or contact Owens Defense, P.C. to schedule a consultation to get the answers and guidance you need.

Question 2

Will I have to go through a trial?

Accepted Answer

Many people are able to avoid a trial. In some cases, the prosecutor dismisses the charges, such as where there is a lack of evidence or the police made serious mistakes. Your attorney can tell you if that is likely in your case. In most other cases, criminal charges result in a plea agreement. Depending on the nature of the charges, your attorney may be able to negotiate a plea deal that keeps you out of jail or otherwise minimizes penalties that could affect your life moving forward.
In some cases, it’s in your best interests to go to trial. If your attorney determines that is true for you, they will protect your rights throughout the process and strategize to help you defeat the charges against you.

Question 3

Will I have to go to jail after arraignment?

Accepted Answer

Jail is a possibility depending on the circumstances. At your arraignment, you may be required to pay bail in order to assure your presence at trial (you forfeit your bail if you don’t appear). You might also be released on your own recognizance, which simply means that you are promising to appear. In some cases, you may have to go to jail while you await trial. As a general rule, the more serious the crime you are charged with, especially if you have a prior record, the more likely you are to go to jail. Your attorney will argue for alternatives to jail if possible.

Question 4

What should I expect at my first court date?

Accepted Answer

You will be arraigned at your first court date, which takes place within a few days of your arrest in California. At this proceeding, the judge will read the charges against you, explain your legal rights, and give you the opportunity to enter a plea. Unless your attorney has advised you to do so, you should not enter a guilty plea or “no contest” plea at this point. At your arraignment, the court will also decide whether you should be released while you await trial or not.

Question 5

What’s the difference between a misdemeanor and a felony?

Accepted Answer

A misdemeanor carries a smaller penalty than a felony. Whereas the maximum sentence for a misdemeanor is 12 months in jail, felonies, which are typically more serious crimes, can carry penalties of up to life in prison. Some crimes are considered “wobblers.” These crimes may be treated either as a misdemeanor or a felony depending on the circumstances. A criminal defense attorney may be able to present the prosecutor with evidence that influences them to charge a “wobbler” crime as a misdemeanor.

Question 6

Do I need a criminal defense lawyer if I’m innocent?

Accepted Answer

If you are accused of or charged with a crime, you need a defense lawyer even if you are innocent.  We have all heard of people who have been wrongfully convicted of crimes, many of whom spend years in prison. Innocence isn’t enough to protect you, but an experienced criminal defense lawyer can protect your rights and successfully challenge the charges against you.

Legal Insights

What Happens After an Arrest? Understanding the California Criminal Case Process