Frequently Asked Questions | FAQ | Criminal Defense

The cost of hiring a criminal defense attorney varies depending on the specifics of the case. In general, misdemeanors tend to cost less than felonies, and more complex cases typically require higher fees due to the additional time and work involved.

When considering legal representation, it’s important to think beyond just the price and focus on the value. A key question to ask is: What could I lose without the right attorney? This may include your job, reputation, freedom, or personal relationships. Weighing what’s at stake can help determine whether the investment in a qualified lawyer is worthwhile.

Another factor to consider is the attorney’s experience and reputation—including whether they are respected by judges and prosecutors and whether their past results demonstrate a strong track record.

Most criminal defense attorneys work on a flat fee basis, meaning you pay one set amount for a defined scope of representation. This typically includes all work performed by the attorney and their team throughout the case.

In most cases, no your employer will not find out unless you choose to tell them, you miss work due to being in custody for an extended period, or you work in a position where regular background checks (such as fingerprinting) are required.

It is essential to consult with a qualified criminal defense attorney. It is important to recognize that not all attorneys possess the same level of expertise—particularly in criminal law or in navigating local court systems such as those in San Diego County. Selecting the right attorney is critical. Just as one would not seek treatment from a specialist in an unrelated field, legal representation should come from an attorney with the appropriate experience and focus.

Many individuals believe that if they have done nothing wrong, they have nothing to fear. Unfortunately, the criminal justice system is not infallible. Numerous cases documented by organizations such as the Innocence Project demonstrate that innocent individuals have, at times, spoken with law enforcement in an effort to explain their situation, only to be arrested, charged, convicted, and even incarcerated.

One of the most common questions is: When do police have to read you your Miranda rights?

The key issue is whether a “custodial interrogation” took place. This means two conditions must be met: (1) you are in custody—meaning you are not free to leave—and (2) law enforcement is asking questions designed to get you to discuss a crime they suspect you committed. Determining whether someone was truly “in custody” is not always clear, and a criminal defense attorney can analyze the specific facts to argue whether a Miranda violation occurred.

There are also important situations where Miranda warnings are not required, including:

• Traffic stops: During a routine stop, officers can legally ask questions such as where you’ve been, what you’ve been doing, or whether you’ve been drinking. Your answers can be used against you.
• Voluntary conversations with police: If you agree to speak with law enforcement and are free to leave at any time, your statements are generally admissible—even if you were not read your rights.

However, if you are taken into custody and questioned about a suspected crime without being advised of your Miranda rights, a criminal defense attorney can file a motion to suppress those statements. If the motion is granted, the prosecution may be barred from using those statements in court. One important exception is that the statements may still be used to challenge your credibility if you later testify inconsistently.

Because these issues can have a major impact on a case, it is important to carefully evaluate the details and protect your rights from the outset.

It depends on whether the charge is a felony or a misdemeanor, as well as the seriousness and complexity of the case under California law. Individuals accused of a crime in California have certain rights, including the right to a speedy preliminary hearing and a speedy trial. In some situations, it’s beneficial to assert those rights and proceed within the required timeframes; in others, extending the timeline may be the better approach. Ultimately, the best course of action depends on the strategy you develop with your criminal defense attorney.

A misdemeanor is a crime that carries a maximum jail sentence of up to one year. A felony, on the other hand, is a more serious offense with a potential sentence of more than one year in jail or prison. Felony convictions also come with additional consequences, such as restrictions on owning or possessing firearms and ammunition.