Have you been charged with a crime in Poway, CA? If so, you may be rightfully concerned. Criminal charges can result in jail time, a criminal record, and significant fines. Depending on the type of charge, a conviction may have collateral consequences, like losing the right to vote, get loans, or secure housing.
There’s nothing more important than your freedom. A Poway criminal defense attorney at Blair Defense Criminal Lawyers can help protect that freedom. Our team has been assisting people accused of crimes since 2010. We aren’t afraid to stand up to the government and fight for your right to a fair trial.
If you are being charged, do not wait to call a lawyer. Getting legal assistance as early as possible can make a huge difference in your case. Contact our law office to schedule a free consultation and get started on your case.
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How Can Blair Defense Criminal Lawyers Help If You’re Facing Criminal Charges in Poway, CA?
If you are facing jail time in Poway, California, you have a constitutional right to a lawyer. You should always exercise that right.
Blair Defense Criminal Lawyers can help you build a solid defense against the prosecutor’s charges.
When you hire us, we will:
- Explain the charges and penalties
- Discuss the legal process and timeline so that you know what to expect
- Identify any potential violations of your state or constitutional rights
- Review the prosecutor’s evidence
- Collect evidence through an investigation
- Hire experts to consult on your case
- File pretrial motions
- Prepare for trial
- Represent you in court and speak on your behalf
We have over ten years of experience in criminal law. Even if your case seems straightforward, having an experienced Poway criminal defense lawyer can completely change the outcome of your case. Call us to hear more about our law firm and how we can help you.
Common Types of Criminal Cases in Poway, CA
The California Penal Code is long and complex. Many different types of criminal charges can be filed against you. However, most of these charges fall into a particular category of cases.
The most common types of criminal cases in Poway, CA include:
- Domestic violence
- Drug crimes
- Federal crimes
- Juvenile crimes
- Probation violations
- Sex crimes
- Theft crimes
- White collar crimes
Our lawyers are prepared to handle any type of criminal case in Poway, no matter how serious. We represent everyone from people facing first-time misdemeanor charges to those with complex felony charges. Call our office to learn more about your legal options.
What Is the Difference Between Misdemeanors and Felonies in California?
A misdemeanor is a less serious charge than a felony. It carries a less severe punishment, usually up to one year in jail and a $1,000 fine. A felony, on the other hand, can carry a significant prison sentence, sometimes including life in jail.
California also categorizes some crimes as “wobblers.” Wobblers are a category of crimes that can be charged as either a misdemeanor or a felony. The ultimate decision is up to the prosecutor. They may decide to charge a wobbler as a felony if you have a prior criminal record or the facts of the case are particularly aggravating. Alternatively, they may choose to charge a wobbler as a misdemeanor if you have no record or the case seems relatively minor.
What Should I Do After Getting Arrested?
If you’ve been arrested in Poway, CA, you should remain calm. It’s easier said than done, especially if you’ve never been arrested before and don’t know what to expect. The best thing you can do is cooperate with the deputies in the jail and ask for a lawyer.
Keep in mind that cooperating doesn’t mean talking to the police about your case. You should never speak to anyone, except your lawyer, about your case.
You may feel a strong desire to defend yourself or talk yourself out of an arrest. This is normal, but it is rarely helpful. The police and deputies will use your statements against you. That means misconstruing things that you thought were helpful.
Plus, you might be angry and upset at the time of the arrest. You are more likely to say something that can be twisted when you are experiencing these emotions.
Staying quiet and calling a lawyer is imperative after an arrest. A lawyer can file a bond motion to help get you out of jail. Plus, they can notify your family and give you advice so that you know what to expect in the upcoming hours, days, and weeks.
I’m Innocent! Do I Still Need a Lawyer?
Yes. Unfortunately, innocent people are charged with crimes in Poway all the time. If you are innocent, do not assume that the police and prosecutor will believe you. They already charged you with a crime. That means they had some reason to believe you may be guilty. A Poway criminal lawyer can help you understand that reason and build a defense against it.
Even if you aren’t innocent, you still need a lawyer. The government has the burden to prove your guilt beyond a reasonable doubt. Maybe you know you aren’t innocent, but that doesn’t mean they can prove it with the legal certainty required under the law. A lawyer can help defend you and poke holes in the prosecutor’s case.
Furthermore, an attorney can help you mitigate the consequences of a conviction. If you are found guilty, your lawyer can argue against jail time, excessive fines, and other penalties. They can help you negotiate a plea deal that results in a reduced sentence or reduced charges.
The point is, a criminal defense lawyer in Poway can help you tremendously, no matter if you are guilty or innocent.
Will My Charges Be Dismissed If I Wasn’t Read Miranda Rights?
This is a very common question around our office. Miranda rights refer to a person’s right to remain silent, have a lawyer, and refuse to talk to the police. The Supreme Court mandated that people accused of a crime are told their rights before questioning.
While the police are required to read these rights to most people who are arrested, sometimes they forget. However, just because a police officer failed to read your rights doesn’t necessarily mean the case will go away.
It does mean that your lawyer can file a motion to exclude any statements you made to the police while detained. For example, if the police did not read your Miranda rights and then you confessed to committing the crime, your lawyer can fight to keep the confession out of court. This is called a motion to suppress.
If there is no other evidence besides the statements, the case may be dismissed for lack of evidence. However, if there is sufficient evidence aside from your statements, the prosecutor may refuse to dismiss the whole case.
Can the Police Arrest Me Without a Warrant in California?
Sometimes, yes. Whether the police can arrest you without a warrant depends on the circumstances. If the police are investigating a crime for some period, they usually have time to get a warrant based on probable cause.
However, sometimes the police see a crime happen unexpectedly. In these situations, the police can arrest someone based on a crime committed in their presence.
If you were arrested without a warrant, your Poway defense attorney will look intently into the circumstances of the arrest. If it was unlawful, they can file a motion arguing that your arrest was invalid.
What Is a Plea Deal, and Should I Accept It?
A plea deal is an agreement between a defendant and a prosecutor. Usually, the defendant pleads guilty to a crime for a known sentence.
In many cases, a prosecutor will offer a plea deal that has a particular benefit to a defendant. The benefit may be pleading to a lesser charge (a misdemeanor instead of a felony, for example) or agreeing to a shorter sentence than they would receive after a trial.
The benefit of a plea bargain is that a defendant knows what to expect. When you go to trial, you may win your case, but you might also lose your case. Your lawyer can give you a good idea of a likely sentence based on their experience, but they cannot guarantee that. Ultimately, it is up to the judge. You may get the maximum sentence, or you may get the minimum.
A plea deal also makes a case go faster. Some people don’t want to have a trial. If they are almost certain that they will be convicted, it may be in their best interest to plead guilty and start serving their sentence so that they can move on faster.
The downside of a plea deal is that you have to plead guilty. When you plead guilty, you waive your right to a trial and to have the prosecutor prove the case beyond a reasonable doubt. The general rule is that you should not plead guilty unless the plea deal is better than the likely outcome at trial.
Call Blair Defense Criminal Lawyers For a Free Consultation With an Experienced Poway Criminal Defense Lawyer
Don’t wait to call a Poway criminal defense attorney. Call our law firm to set up a free consultation and learn more about your legal options. It’s better to start crafting a defense sooner rather than later.