Answered by Jesse Berkowitz

An Experienced Criminal Defense Attorney Sets the Record Straight

The criminal justice system in California is complicated, so if you’ve been arrested or learned that you’re being investigated, it’s natural to have a million questions racing through your mind. We created this guide to answer some of the most common concerns people ask about how to get charges dropped or criminal records cleared, whether jail time is likely, the benefits of working with an experienced criminal defense attorney, and other issues.

Do I Need a Lawyer if I’m Innocent?

Unfortunately, the answer is yes. Prosecutors and judges often make mistakes, and their reading of a situation can easily lead to a conviction even if you’ve done nothing wrong. A dedicated attorney may be able to get the charges dropped early on by highlighting weaknesses in the prosecution’s case or presenting exculpatory evidence.

Does it Help if I Cooperate with the Police and Answer Their Questions?

No. While it may seem like you should get credit for being cooperative, you should not answer questions or give a statement to police unless your attorney is present. Even when the police seem sympathetic, they are likely attempting to build a case against you. Your words can be taken out of context and used in ways you did not intend. When you have an experienced attorney at your side, your lawyer can guide you through the process or decline an interview on your behalf.

Will I Have to Go to Jail While My Case Is Pending?

The answer depends on a number of factors, including:

  • The severity of the crime
  • Whether the court believes you pose a danger
  • Whether the court believes you are likely to return for trial

A skilled defense attorney can make supportive arguments demonstrating why you should be released with no or minimal bail required. This is one reason why it is beneficial to start working with a lawyer as soon as possible.

Can You Negotiate Penalties Other Than Jail Time?

For many criminal offenses, it is possible to negotiate an arrangement that allows for alternative consequences such as counseling, community service, restitution, and other options in lieu of incarceration. Fines are also an alternative to imprisonment, and so is probation. We analyze the specific details of your situation to find the most positive outcome and set that as our goal.

Can a Criminal Conviction in Alameda County Be Cleared from My Record Later?

Section 1203.4 of the California Penal Code allows for many convictions to be expunged from your record. Once you complete the legal process, the crime is not entirely erased, but the record is changed so that it no longer shows up as a conviction when a potential employer or landlord runs a background check on you. To have your conviction expunged by the court, you need to have completed probation and not have other criminal charges pending.

What Does it Mean When a Crime Is a “Wobbler?”

When a crime is a “wobbler,” it means that California law gives prosecutors the discretion to treat it as either a misdemeanor or a felony. A dedicated criminal defense lawyer will present evidence and arguments to show why the severity of the crime, the background of the person accused, and other circumstances justify prosecuting the offense as a misdemeanor rather than a felony.

Some common wobbler crimes in California include:

Does the Three Strikes Law Apply in My Case?

The “three strikes” rule has been modified over the years in California. While it does not automatically result in long-term imprisonment if you have prior offenses on your record, it can subject you to a longer sentence if you have prior convictions for serious felonies. It is wise to start working with an experienced attorney as soon as possible so your lawyer has time to effectively demonstrate why current charges do not warrant imposition of third strike penalties.

Should I Try to Get the Victim to Drop the Charges?

No, it is unwise and usually illegal to make contact with the person alleged to be the victim of the crime. Moreover, even if the victim decided they didn’t want to “press charges,” that decision is no longer in their hands. It is the prosecutor who decides whether the case should move forward. Your attorney can explain the situation to the prosecutor, but you can get in serious trouble if you try to “work things out” with the alleged victim.

Should I Accept a Plea Bargain or Go to Trial?

Most criminal cases are settled through a “plea bargain” or negotiated deal before going to trial. When you are facing charges, it is your decision whether to resolve your case or go to trial. A dedicated defense attorney will review the choices in detail with you and explain the likely outcomes as well as the best and worst-case scenarios. It is important to retain an attorney with a reputation for being both a skilled trial attorney and negotiator.

Berkowitz Law Offers Dedicated Assistance and Experienced Advocacy in All Situations

No lawyer can provide you with an answer to specific questions about what you are facing without reviewing the details of your case. If you schedule a confidential consultation with Berkowitz Law, we can explain the charges in your case, review defense strategies, discuss the outcomes, and explain how we advocate for the best outcome at every step in the process. To get started, call us at 510-947-0300 or contact us online now.

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