Frequently Asked Questions
Most times we are able to keep the client out of jail. For the prosecutors and judge jail is the ultimate punishment they have. Therefore they save it for people who actually deserve it because of their criminal record and current case.
You should definitely let your attorney be your guide in your criminal case in Los Angeles. I would say trust but verify. In other words, ask questions and challenge your attorney, but if you feel they have your best interests at heart and you should trust them.
You should verify that your attorney has the locals experience in the courthouse where your case is pending. Also once you sit down and go face-to-face with your attorney and ask the appropriate questions you will get a feel for whether they are right for you. If you feel comfortable with your attorney and comfortable they have handle cases in the court your case is pending then you should allow them to do their job. The best attorneys are the ones that have successfully walk the path you are about to walk.
Most times prosecutors will file a criminal case within a year of the subject conduct being committed. However more realistically they should file it within 30 to 60 days, because people’s memories fade and it is hard for a defendant to defend themselves when they’re starting so far behind. There’s also caselaw that defense attorneys can use to get cases dismissed if the prosecutors wait too long and evidence disappears.
Many people coming to the office thinking they can win their case because the police did not read them there Maranda rights. However it is usually not that big of a deal if the Miranda rights were not read. If the person was in custody and direct questions are being asked then the Miranda rights should be read. If they’re not read then the person’s statement simply cannot be used against them. As long as the prosecutors have other evidence they are still able to usually make their case.
In general in order for the police to search somebody’s person or property They need a search warrant. However there are ways to get around this. If the person gives them consent to search or if there’s exigent circumstances that could permit a search. This is definitely a scenario where you want to sit down with a criminal defense attorney and give them all the details to get an accurate answer.
If the police wait too long to file a case, this can be grounds to get the entire case dismissed. However if they have a good reason to wait that long then they may be able to get around a dismissal. Sometimes the police are extremely busy or by the nature of the case it takes a certain amount of time to fully investigate it.
There is definitely always a chance bail can change when you make your first appearance in front of the judge. The judge is typically looking at whether you are a danger to the community or a flight risk. If a solid argument can be made that you are not a danger of leaving the jurisdiction or committing any other offenses then you are in a strong position to get a reasonable bail or even be released on your own recognizance.
The main thing a judge will look at when setting a bail is what the bail schedule is for the particular crime or crimes. They will also look at the person’s prior criminal record and what damage they have caused to the community on the current case. Finally they will listen to the defendant’s attorney and the prosecutor and then decide what the reasonable bill should be.