Let a Top Alameda County Criminal Defense Attorney Fight the Charges Against You
Being accused of a crime can be a life-changing event. From the moment you are arrested, the legal system begins moving against you. Prosecutors and police use their extensive resources to build a case against you, making it vital that you take the steps necessary to even the odds. This is where the guidance of a dedicated Alameda County criminal defense attorney could make all the difference.
A criminal record can have a negative impact on your ability to earn a living, secure housing, or even gain citizenship in the United States. The stakes are high, making it vital that you rely on an experienced Alameda County criminal defense attorney. Let Berkowitz Law review the allegations against you and help you develop a winning defense strategy.
The Nature of Criminal Charges in California
In California, criminal law is structured into three general categories: infractions, misdemeanors, and felonies. Infractions are the least serious, involving offenses such as traffic violations that are typically punished only with fines. While they may not carry the possibility of jail, repeated infractions can still have an impact on your wallet and your driving privileges.
Misdemeanors, on the other hand, carry the potential for jail time. These offenses bring up to a year in county jail. Some of the most common examples include petty theft, disorderly conduct, or driving under the influence. Although less severe than felonies, misdemeanors are not minor when it comes to the consequences that impact your life. A misdemeanor conviction becomes part of your criminal record, meaning future employers, landlords, and licensing boards may be able to access it.
Felonies represent the most serious category of criminal charges. They include crimes such as robbery, burglary, aggravated assault, sexual assault, and homicide. Convictions for felonies can lead to years in state prison, substantial fines, restitution, and a lifetime of challenges associated with having a permanent criminal record. In addition, some felonies result in the loss of important civil rights, including the ability to possess firearms or, in some circumstances, restrictions on voting rights while incarcerated.
The Criminal Justice Process
When someone is accused of a crime in Alameda County, they enter a criminal justice process that is both complex and intimidating. The first step is usually an arrest. Law enforcement must have probable cause to arrest someone, meaning they reasonably believe that person committed a crime. Once arrested, the accused is advised of their rights, including the right to remain silent and the right to legal counsel. From the very beginning, exercising these rights can be critical to the outcome of the case. An experienced defense attorney may often engage in prefiling advocacy at this stage, presenting exculpatory evidence and mitigation to the District Attorney to better inform a charging decision on behalf of the client.
After an arrest, the next step is booking. This involves fingerprinting, photographs, and the official recording of the charges. Eventually, the District Attorney reviews the evidence and decides whether to file formal charges. If charges are filed, the accused will appear in court for an arraignment. The arraignment is where the charges are formally read, and the defendant has the opportunity to enter a plea. Bail may also be addressed at this time, and the court may determine whether the individual can be released before trial.
The pretrial stage involves negotiations, motions, and discovery. During this time, your Alameda County criminal defense attorney will review the prosecution’s evidence, challenge any material that was unlawfully obtained, and may file motions to suppress certain evidence. The attorney may also negotiate with the prosecutor to reduce the charges or secure a plea deal that minimizes potential penalties.
If the case proceeds to trial, both sides present their evidence before a judge or jury. The prosecution bears the burden of proving guilt beyond a reasonable doubt, which is a very high standard. Criminal defense lawyers work to highlight inconsistencies in the prosecution’s evidence, present alternative explanations, or demonstrate that the evidence does not meet the necessary burden of proof.
If you are found guilty, the final step in this process is sentencing. The judge can hand down their sentence immediately following the trial, although a sentencing hearing might be scheduled at a later date if the charges are serious. The best way to avoid the penalties that come with the sentencing phase is to avoid a conviction.
Understanding the Types of Criminal Charges
There are many different types of criminal charges in Alameda County. Some of the most common categories of offenses include the following:
Driving Under the Influence
Driving under the influence (DUI) is one of the most frequent criminal charges in California. Even a first-time DUI can result in significant penalties, including license suspension, mandatory alcohol education programs, fines, and possible jail time. Repeat offenses, accidents involving injury, or cases where a high blood alcohol content is alleged can escalate the charge to a felony with even harsher penalties.
Drug Crimes
Drug crimes also make up a large portion of criminal cases. These range from possession of small amounts for personal use to large-scale distribution or manufacturing charges. California has changed many of its laws regarding marijuana, but possession of certain controlled substances or large amounts with the intent to distribute still carries serious penalties. A conviction can affect not only freedom but also future employment and immigration status.
Theft
Theft crimes can range from shoplifting to burglary or robbery. The severity of the charge depends on the value of the property taken and the circumstances. A shoplifting charge may be classified as a misdemeanor, while a robbery involving force or threats is almost always prosecuted as a felony.
Violent Offenses
Assault and battery cases are also common in Alameda County. Assault is defined as the attempt to use force or the threat of harm against another person, while battery involves the actual unlawful physical contact. Violent offenses may be charged as misdemeanors or felonies depending on the seriousness of the allegations, the injuries caused, and whether weapons were involved.
Domestic Violence
Domestic violence charges carry heavy consequences in California. A conviction can lead to jail time, mandatory counseling, restraining orders, and the loss of custody or visitation rights. These cases often involve highly personal disputes and can sometimes be fueled by false accusations, making a strong defense essential.
White-Collar Crimes
White-collar crimes such as fraud, embezzlement, and identity theft involve financial misconduct. While these crimes do not typically involve physical violence, the state pursues them aggressively because of the financial harm they can cause. Penalties may include restitution, fines, and prison time, along with permanent damage to professional reputations.
Sex Offense
Offenses involving nonconsensual sexual acts carry steep, life-altering consequences. These charges vary, from sexual assault to public indecency. The possession of child pornography is also a common offense.
The Potential Consequences of a Criminal Conviction
The impact of a criminal conviction goes far beyond the immediate penalties imposed by the court. A criminal record follows a person for life unless it is expunged under specific circumstances. Employers often run background checks, and many will be reluctant to hire someone with a criminal history. Landlords may refuse to rent to individuals with criminal convictions, and professional licensing boards may deny or revoke certifications.
If you are a non-citizen, a criminal conviction can have a devastating impact on your immigration status. Certain convictions can automatically trigger deportation and removal proceedings, no matter how long you have called the U.S. home.
You can also face the loss of certain rights after being convicted of a crime. Domestic violence or felony convictions can cost you the right to vote or own a firearm. While you can regain your voting rights after leaving prison thanks to California law, there are a variety of disruptions that a criminal conviction can cause.
The Importance of Having an Alameda County Criminal Defense Attorney By Your Side
When you hire an attorney, their responsibility is to protect you at every stage of the process. From your first discussion with our firm, we can evaluate the allegations against you and gauge the strength of the state’s case.
There is little more important than a thorough investigation during a criminal case. Your attorney can carefully examine police reports and witness statements to weigh the evidence against you. They look for constitutional violations, such as unlawful searches or improper interrogations, which can be grounds for having evidence excluded. In some cases, your attorney might call in experts to testify on your behalf or help them better understand complex data.
One of the most important things your attorney can do for you is negotiate with the state. There are a number of ways that an attorney could work to secure a favorable outcome, from having charges dropped to negotiating a plea for a lesser offense. If your case goes to trial, your attorney will work tirelessly to show the judge or jury that the prosecution has failed to do enough to prove your guilt beyond a reasonable doubt.
Beyond the courtroom, attorneys provide clients with guidance. Facing criminal charges is emotionally taxing, and having a knowledgeable advocate can make the process less overwhelming. Our firm helps clients understand what to expect, how to prepare for hearings, and answers questions about what potential outcomes may look like.
Alternative Sentencing Options
While the goal of the state is to convict you of the crime you have been accused of, not all criminal cases end with jail or prison time. In California, you may have an opportunity for alternative sentencing through a negotiated plea deal. For first-time offenders or those charged with less serious crimes, diversion programs may allow you to avoid serving your jail sentence by completing counseling or treatment programs. In some situations, completing all of these requirements could lead to the dismissal of the case instead of a conviction.
Probation is another alternative that allows individuals to remain in the community under supervision rather than serving time behind bars. If the judge agrees to sentence you to probation as opposed to incarcerating you, there will be a number of conditions you must meet. They include things like attending classes, keeping your job, avoiding further arrests, and regularly reporting to a probation officer.
Community service and restitution are other possible alternatives, where the defendant gives back to the community or compensates the victim instead of facing harsher penalties.
The state does not offer these options out of the goodness of its heart. There are financial benefits that come with the state reducing the load of the court system, and prosecutors always have other cases to prioritize. Your attorney can use the reality of the justice system to fight for a deal that is in your best interest.
Why Relying on Defense Attorneys With Local Knowledge is Important
The Alameda County court system has its own judges, prosecutors, and procedures. Understanding how these local elements work is crucial to building a strong defense. A lawyer who regularly practices in the local courts knows what strategies may be effective, how individual judges typically rule on certain motions, and what prosecutors may be willing to negotiate.
Choosing an Alameda County criminal defense attorney means selecting someone with direct experience in the court system where your case will play out. This familiarity can provide a valuable advantage to you that could make a difference in the outcome of your case.
A Strong Defense is Important
While facing criminal charges is daunting, it is important to remember that an arrest is not the same as a conviction. The prosecution carries the burden of proof, meaning they must prove the case against you beyond a reasonable doubt. The state will not always have enough to meet this high burden, which gives you an opportunity to defend yourself and fight these charges.
Favorable outcomes may be possible, and they come in different forms. An aggressive defense might be able to have evidence excluded that leads to the state dropping the charges. Your attorney could also work towards a fair plea deal or build a winning trial strategy.
The key is to act quickly. Evidence can be lost, witnesses’ memories can fade, and the willingness of prosecutors to make a deal can pass if you delay. The sooner you secure a criminal lawyer, the stronger your defense can be.
Frequently Asked Questions:
What should I do if I’m arrested in Alameda County?
If you are arrested, we recommend you remain calm and exercise your right to remain silent. You should contact a lawyer immediately and refrain from answering any questions without an attorney present. Early guidance from an Alameda County criminal defense attorney can help protect your rights. It is also important to avoid making statements or signing documents without consulting legal counsel.
What is an Arraignment?
An arraignment is your first court appearance after charges are filed. During this court hearing, charges are formally read, and you have the opportunity to enter a plea of guilty, not guilty, or no contest. The judge will also address bail and set any future court dates. During this step, it is critical to have an attorney present who will help you understand your options and begin building a strong defense.
What is the difference between a Felony and a Misdemeanor?
A misdemeanor is considered a less serious crime and is usually punishable by up to one year in county jail, fines, or probation. Common misdemeanor examples include petty theft, a first-time DUI, or disorderly conduct.
A felony, on the other hand, is a much more serious offense. Felonies can carry sentences of more than a year in state prison, larger fines, and additional consequences, such as losing certain civil rights. Crimes like robbery, burglary, sexual assault, and homicide are typically charged as felonies.
Learn How an Alameda County Criminal Defense Attorney from Berkowitz Law Can Help
Being charged with a crime can have a serious impact on your life. Beyond the stress of an arrest, the consequences of a conviction can affect your freedom, career, and future. Whether you face a misdemeanor or a felony, having strong legal representation is essential. Our firm will guide you through the legal system, fight for your rights, and, in some cases, pursue expungement to clear your record. Because the state builds its case quickly, delaying legal counsel only puts you at a disadvantage. Contact an Alameda County criminal defense attorney from Berkowitz Law today to schedule your free consultation.