Yes. Law enforcement officers aren’t required to have an arrest warrant to take you into custody and charge you with a crime. But, they must have probable cause to believe that you’ve committed a crime. Warrantless arrests are usually made after an officer witnesses a crime in progress.
After charges are filed, the validity of a warrantless arrest can be challenged in court. So, if you are arrested and the officer does not have a warrant, be sure to make a note of everything that happens. A police officer’s mistake or error in judgment can be used to your advantage. There’s a chance that the arrest – and related criminal charges – can be invalidated.
Hiring a team with the best criminal defense attorneys in San Diego is an important first step when facing criminal charges.
A defense attorney will put you on a level playing field with the district attorney and state government (and/or federal government if you’re facing federal criminal charges). You’ll benefit from your attorney’s expertise, experience, and resources.
Additionally, attorneys construct a customized defense just for you, based mainly on the investigation they conduct and the research they do.
As part of this process, your San Diego criminal attorney will:
Investigating an alleged crime, analyzing the state’s case, and building a defense is a complicated and detailed process. This isn’t something you’ll want to handle on your own when your future is on the line.
San Diego Public Defenders are hard-working attorneys who dedicate their careers to helping their clients fight serious criminal charges. But, they’re typically overworked and juggling multiple cases at once. It’s possible that your defense won’t get the dedicated time and attention that you’ll want and need.
Private defense attorneys have more control over their respective caseloads. Many, like Blair Defense Criminal Lawyers, limit the number of cases we handle at once. This way, we’re able to ensure that each client benefits from the full scope of our experience, knowledge, and attention.
Absolutely. You can still be arrested and charged with a crime if you’re innocent. Innocent people are convicted every day, too. Even if you’re not convicted, the district attorney might try to convince you that a plea bargain is your only option.
As a result, you could accept a punishment (even a minor one) for a crime that you didn’t commit. And, to make matters worse, that crime will end up on your criminal record and wreak havoc for years to come.
Prosecutors are out to convict. They will do everything they can to tell a story where it seems plausible that you’re guilty. Hiring a defense attorney helps ensure that your rights are protected and that you aren’t pressured into accepting a “deal” because the government tells you it’s your best option.
An experienced criminal defense lawyer in San Diego will know these tactics well and have their own strategies to protect you.
Most crimes in California are charged as either misdemeanors or felonies. Misdemeanors are crimes that are generally punishable by less than one year in county jail. Felonies are crimes that carry one year or more in county jail or California state prison.
Misdemeanors tend to be less serious than felonies. However, don’t assume that you shouldn’t hire an attorney because you’re charged with a misdemeanor. The consequences of a misdemeanor – in addition to time behind bars – can be harsh. You can be subject to expensive fines, required to complete probation, ordered to do community service, and more.
Plus, having a conviction on your criminal history, regardless of what it is, can have serious repercussions in your civil and social lives. You could lose your professional license, have difficulty finding a job, or even face challenges in child custody and other family law disputes.
A plea agreement generally involves pleading guilty to a crime or pleading “no contest.” You generally accept a plea agreement in exchange for reduced charges and/or penalties.
However, the only time you should accept a plea agreement is if you’ve conferred with an experienced San Diego criminal defense attorney. Don’t just take a deal because prosecutors tell you it’s a good one. Your attorney will help you understand the deal terms and explain the impact it will have.
Plea bargains can be a good thing, especially if the government is willing to offer reduced charges and relatively moderate penalties. However, it’s always best to ensure that an attorney is reviewing (and/or negotiating) anything that will have such a permanent impact on your future.
You could still be facing years in prison and other consequences that can be life-altering, so it’s important to have all of the facts before making a deal.
It’s possible but unlikely. The United States government estimates that 90% of criminal cases are resolved through plea bargains or alternatives to sentencing. If you’ve been charged with a criminal offense, there’s about a 1 in 10 chance that you’ll end up going to trial.
Ultimately, however, whether or not your case goes to trial is really up to you. If you accept a plea, then you won’t go to trial. If you and your attorney think that you’re not getting a fair deal – or if you need to prove that you’re innocent – moving forward to trial might be the best option.
Every case (and every defendant) is different. Your attorney will be there to guide you and help you make the tough decisions, like whether you should accept a deal or push forward to trial.
Attorneys, especially experienced defense attorneys, will know quite a bit more than the average person about things like ballistics, drug tests, DNA, and other aspects of criminal cases. However, they won’t be an expert on these matters. But they can hire experts to offer important insight into complicated aspects of your criminal case.
There are a wide variety of experts that might be helpful, including:
These professionals can be hired to rebut experts presented by the state, challenge the validity of arguments or evidence raised by the prosecution, or offer support to your defense.
San Diego criminal defense lawyer Peter Blair advocates for clients facing serious misdemeanor and felony charges throughout Southern California. If you’ve been accused of a crime and have any questions about your criminal case, or if you want to learn more about how we can help you fight back and defend your future, don’t hesitate to call.
The legal team at Blair Defense Criminal Lawyers can arrange to speak on the phone or meet in person at a time and place that’s convenient for you. Give us a call or contact us online today to learn more.
California classifies crimes based largely on the punishment authorized by law. A misdemeanor is generally punishable by up to one year in county jail, while a felony can carry state prison or felony county-jail time under California Penal Code § 1170(h).
Some crimes are “wobblers,” meaning they can be charged or reduced as either a misdemeanor or a felony, depending on the statute and circumstances. Felony convictions can also affect firearm rights, employment, professional licensing, and, for non-citizens, immigration status.
Being innocent does not prevent an investigation, arrest, or criminal prosecution. The prosecution must prove guilt beyond a reasonable doubt at trial, but a defense attorney can investigate favorable evidence, advise you before questioning, challenge improper evidence, and protect your rights throughout the case.
Yes. California Penal Code § 836 allows warrantless arrests in several circumstances, including when an officer has probable cause to believe a felony was committed.
For misdemeanors, warrantless arrest authority is more limited and often requires the offense to occur in the officer’s presence unless a statutory exception applies. Whether a particular arrest was lawful depends on the facts and the legal basis for the arrest.
You generally do not have to answer investigative questions from police, although certain situations can require limited information or compliance with lawful orders. Miranda warnings are required before custodial interrogation, meaning police are questioning someone who is legally in custody.
If you are questioned about suspected criminal conduct, you can state that you do not want to answer questions and want to speak with an attorney. Whether the constitutional right to counsel has formally attached depends on the stage of the case.
Both private attorneys and public defenders are licensed lawyers who can provide criminal defense representation. A public defender may be appointed if you financially qualify, while a private attorney allows you to choose whom you hire.
When comparing your options, consider the lawyer’s experience with your type of charge, availability, communication, familiarity with the local courts, fee structure, and ability to handle the case through trial if necessary.
The cost depends on the charge, complexity of the case, anticipated court proceedings, and the attorney’s fee structure. Misdemeanor cases often cost less than serious felony or federal matters.
Some criminal defense lawyers charge a flat fee for a defined scope of representation, while others use hourly billing or separate fees for trial. The fee agreement should explain what services and expenses are included.
You can contact a criminal defense lawyer as soon as you learn that you are under investigation or have been accused of a crime. You do not have to wait until you are arrested or formally charged.
Early representation can allow counsel to preserve evidence, advise you before police questioning, communicate with investigators or prosecutors, and prepare for possible charges.
Founding attorney Peter Blair has practiced exclusively in criminal defense and has more than 15 years of experience handling cases in San Diego and throughout Southern California. He has litigated thousands of cases, including serious felony matters taken to trial.
His recognitions include Super Lawyers in 2020, The National Trial Lawyers Top 100, a 10.0 Avvo rating, and multiple Top 40 Under 40 honors from The National Trial Lawyers.
An arraignment is the court proceeding where you are formally advised of the charges and asked to enter a plea. Depending on the case, the court may also address appointment of counsel, custody status, bail, release conditions, and future hearing dates.
California defendants may enter pleas including guilty, not guilty, or no contest. The next proceedings depend on whether the case is a misdemeanor or a felony and how the case develops.
A judge may release a defendant on their own recognizance, impose release conditions, or set monetary bail depending on the case. If bail is set, it may be posted directly or through a licensed bail bond company.
Bail-bond premiums in California are most commonly around 10% of the bail amount, although filed rates and lawful discounts can vary. A lawyer can also ask the court to reconsider bail or release conditions when legally appropriate.
A criminal case can be dismissed for several reasons, including insufficient evidence, successful completion of an eligible diversion program, or a court’s exercise of statutory dismissal authority.
Suppression of unlawfully obtained evidence can also weaken the prosecution’s case and, in some matters, contribute to dismissal. The available path depends on the charge, evidence, and procedural history.
A plea offer should be evaluated only after considering the evidence, possible defenses, sentencing exposure, and consequences of both accepting the agreement and proceeding with the case.
A plea agreement can reduce charges or penalties, but the decision belongs to the defendant. An attorney can explain how the offer compares with the strengths, weaknesses, and risks of continuing toward trial.
Most criminal cases resolve without a trial, but whether a particular case does depends on the evidence, available motions, negotiations, and the defendant’s decisions.
A defendant has the right to decide whether to accept a plea agreement or proceed to trial after consulting with counsel. Cases may also end through dismissal or other court proceedings.
Yes. Attorney Peter Blair has taken serious felony cases to trial. In one published case involving assault with a semiautomatic firearm that caused paralysis, the client was found not guilty on all charges.
In another matter involving assault with a deadly weapon and domestic violence with strangulation allegations, the first trial ended in a hung jury. Blair obtained a not-guilty verdict at the retrial. Past results do not guarantee a similar outcome in another case.
For most drivers age 21 and older, California’s per se BAC limit is 0.08%. The limit is 0.04% for drivers operating vehicles that require a commercial driver’s license.
California also applies a 0.01% zero-tolerance limit to drivers under 21, which can trigger DMV license consequences. Separately, a driver can be prosecuted for driving under the influence when alcohol or drugs impair the ability to drive safely, even without a BAC at or above 0.08%.
Yes. A California DUI can trigger both a criminal court case and a separate administrative proceeding involving the DMV.
A driver generally has only 10 days after receiving the DMV suspension or revocation order to request an administrative hearing. Missing that deadline can result in losing the opportunity to challenge the administrative suspension through that hearing process.
DUI penalties can include fines, probation, DUI education programs, driver’s license consequences, and jail in some cases. The specific penalties depend on factors such as prior DUI history, BAC, refusal of chemical testing, and whether the incident caused an injury.
Yes, some DUI cases are resolved through a negotiated plea to alcohol- or drug-related reckless driving, commonly called a “wet reckless.”
A wet reckless generally carries lower penalties than a DUI conviction, but it can still have important consequences. For example, it can count as a prior offense if the person is later convicted of DUI within the applicable lookback period.
California Penal Code § 13700 defines domestic violence for criminal-law purposes as abuse committed against specified intimate partners, including a spouse or former spouse, cohabitant or former cohabitant, co-parent, or person in a dating or engagement relationship.
California’s civil domestic violence laws cover a broader range of conduct and relationships for purposes of restraining orders. As a result, conduct that supports a civil protective order is not necessarily charged under one specific criminal domestic violence statute.
No. The prosecutor, not the alleged victim, decides whether criminal charges are filed or dismissed.
Prosecutors can consider the alleged victim’s views and willingness to participate, but a case can continue without the person’s cooperation if prosecutors believe other admissible evidence supports the charges.
The consequences depend on the offense, injuries, criminal history, use of a weapon, and other facts. Penalties can include jail or prison, fines, probation, protective orders, and firearm restrictions.
When probation is granted for qualifying California domestic violence offenses, state law can also require a batterer’s treatment program and other conditions.
A domestic violence case can affect both firearm and immigration rights, but the consequences depend on the charge and how the case is resolved.
Certain protective orders prohibit firearm possession while the order remains in effect, and some domestic violence convictions trigger additional state or federal firearm prohibitions. For non-citizens, a conviction, plea, or other case disposition can also create serious immigration consequences.
Yes. In one published case involving assault with a deadly weapon and domestic violence with strangulation allegations, Attorney Peter Blair took the case to trial. The first trial resulted in a hung jury.
After prosecutors pursued a retrial, Blair obtained a not-guilty verdict. Past results do not guarantee a similar result in another case.
Simple possession generally involves possessing a controlled substance for personal use. California does not use one universal offense called “drug trafficking”; instead, state law separately criminalizes conduct such as possession for sale, sale, transportation for sale, and manufacturing.
Evidence such as drug quantity, packaging materials, scales, cash, communications, and other circumstances can be used to argue that drugs were intended for sale rather than personal use.
Yes. California allows adults age 21 and older to possess limited amounts of cannabis and grow up to six plants at home for personal use, subject to state and local restrictions.
Charges can still arise from unlawful sales, possession beyond legal limits, driving while impaired, prohibited possession locations, cultivation beyond lawful limits, or unlicensed commercial activity. Cannabis also remains subject to separate federal restrictions.
Penalties depend on the controlled substance, amount, alleged conduct, prior record, and any applicable sentencing enhancements.
A lower-level possession offense can lead to very different consequences from possession for sale, transportation for sale, or manufacturing. Depending on the statute, possible consequences range from probation and treatment-related dispositions to substantial jail or prison terms.
Yes. In one published case involving manufacturing a controlled substance, possession for sale, and an illegal drug lab, Attorney Peter Blair identified a serious Fourth Amendment search-and-seizure issue, and the case was ultimately dismissed.
In another case involving transportation and sales of methamphetamine, heroin, and other drugs, along with weapons allegations, the client faced more than 10 years in prison and ultimately received probation with no jail time. Past results do not guarantee a similar outcome.
California Penal Code § 240 defines assault as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. Physical contact is not required.
Under Penal Code § 242, battery is the willful and unlawful use of force or violence against another person. Even relatively minor unwanted physical force can qualify depending on the circumstances.
It depends on the offense of conviction. California Penal Code § 290 requires registration for specifically listed sex offenses and uses a tiered system that can impose different minimum registration periods, including lifetime registration for qualifying Tier 3 offenses.
Because registration consequences depend heavily on the exact conviction and applicable tier, they should be evaluated before any plea or other case resolution.
California generally divides theft into petty theft and grand theft. Under Penal Code § 487, grand theft generally includes theft of property valued at more than $950, subject to specific statutory exceptions.
Certain property is treated differently regardless of ordinary value rules. For example, theft of an automobile or firearm is classified as grand theft under California law.
Yes. Attorney Peter Blair took a case involving assault with a semiautomatic firearm to trial and obtained a not-guilty verdict on all charges.
The firm’s published results also include serious sex-crime cases resolved without jail or sex offender registration, including one involving sexual penetration by force and other felony allegations that resolved as a misdemeanor disturbing-the-peace conviction.
Past results do not guarantee a particular outcome in another case.
