Can I Get Arrested If the Police Don’t Have an Arrest Warrant in San Diego?
It’s possible. In general, under California law, the police can arrest you without one if they believe you’ve committed a crime in their presence or if they have probable cause that you’ve committed a felony. Blair Defense Criminal Lawyers scrutinizes the circumstances of any arrest, but particularly the ones made without a warrant.
Can the Police Conduct a Search Without a Warrant in San Diego?
In some California criminal law cases—yes. An obvious one is if you consent. Beware of police who seem to be just striking up a casual conversation or being unusually friendly. They sometimes will try to get you to just let them “have a look around.” It can be tempting to agree, especially when you have nothing to hide.
Police can also conduct a warrantless search if there are “exigent” circumstances. That just means they can perform a search when they reasonably believe that someone is in danger or a suspect could possibly disappear if they don’t enter or search the premises immediately. The laws surrounding search and seizure—particularly with regard to digital evidence—are constantly evolving. Blair Defense Criminal Lawyers is on top of the latest developments in the law and knows what the police can and can’t get away with.
The Police Didn’t Read My Miranda Rights – Will My Case Be Dismissed?
Not without a fight. If you’re placed in police custody, you are supposed to be advised that any statements you make can be used against you and that you have a right to speak to a criminal defense lawyer near you. But they are not going to voluntarily admit they failed to read your rights, and the DA isn’t going to just drop the case.
If you made statements while detained by police (meaning you weren’t free to leave) without being advised of your Miranda rights, we can fight to keep those statements out of court. But, the prosecution will likely argue that they have other information that supports the criminal charges against you.
Will My Criminal Case Go to Trial?
In reality, most criminal cases don’t reach the trial phase. Instead, prosecutors convince most defendants to accept a plea bargain. Our San Diego criminal law firm will work to negotiate a deal if that’s in your best interest. However, we’ll never advise you to settle if we think that you’ll get better results in court. Attorney Peter Blair is known for being an aggressive litigator with integrity and grit. He knows how to build a defense, discount the state’s allegations, and get the best results for his clients.
What’s a Plea Deal? Should I Accept a Plea Agreement?
A plea deal is an agreement made between the prosecutor and the defendant prior to trial. It typically involves the defendant agreeing to plead guilty in exchange for a benefit – like a more lenient sentence or a lesser charge. Often, a plea bargain is in your best interest. But you should always discuss a plea agreement with an experienced San Diego criminal lawyer before accepting. Plea deals can be hard to understand. You don’t want to be locked into something you’ll regret.
What’s the Difference Between a Misdemeanor and a Felony?
A misdemeanor in California is punishable by up to one year in county jail and generally up to a $1,000 fine (could be more in some cases). A felony will carry steeper penalties—lengthier sentences, state prison instead of county jail, and heftier fines.
A felony in California is punishable by at least one year and up to life in prison or even the death penalty, depending on the crime. Some offenses are considered “wobblers” in California, which means that the district attorney has the discretion to charge them as a misdemeanor or a felony.
Should I Ask For a Public Defender, or Is It Worth it to Hire a San Diego Criminal Attorney?
There’s no doubt that public defenders have extensive experience with the criminal justice system. They’re often incredibly passionate advocates for those accused of crimes. But, they’re often completely overwhelmed with an overflowing caseload that makes it hard for them to give your case the attention it deserves.
They may try to get you to accept a plea deal – not because it’s in your best interest – but because they simply don’t have time to work on your case, much less prepare it for trial. And, public defenders don’t have the same resources to investigate your case as private firms.
Hiring a private San Diego criminal defense team to fight for you is an investment. But many people quickly decide that it’s well worth it to protect their freedom.
Does California Have a “Three Strikes” Law?
Yes. A “strike” refers to a conviction for a serious or violent felony. Under California’s “three strikes” law, if you’ve had a prior conviction for a serious or violent felony, your conviction for a subsequent felony—of any nature, not just another “serious or violent” one—will carry more severe penalties. The law has evolved over the years and is under constant scrutiny, but it still imposes extremely harsh penalties.
Examples of offenses considered serious or violent for purposes of the three strikes law include murder, rape, arson, or kidnapping.
If you have one “strike” prior and are convicted of a second felony, you face twice the time in prison normally set for the new felony. You aren’t eligible for probation or rehab. In addition, you will serve 80% of your sentence, without the considerations given to “non-strike” prisoners for good behavior or working.
If you have two strikes prior and are convicted of a third serious or violent felony, you will be looking at a minimum of 25-years-to-life in prison.
