Frequently Asked Questions | FAQ | Criminal Defense

There are several ways a criminal case may be dismissed in San Diego County, and the attorneys at Dod Law work strategically to pursue every available option.

One common approach is demonstrating to the prosecutor that the evidence does not meet the strict “beyond a reasonable doubt” standard. This often involves a thorough investigation to uncover facts that differ from how the case was initially presented.

Another path to dismissal is presenting additional evidence that establishes a valid legal defense such as self-defense, defense of others, or necessity—showing that the alleged conduct was legally justified.

In some cases, Dod Law can seek entry into a diversion program. These court-approved programs pause the criminal proceedings while the defendant completes certain requirements. Successful completion can lead to a full dismissal, meaning no conviction appears on your record. Examples include mental health diversion, military diversion, and judicial diversion programs.

Finally, a case may be dismissed by filing a motion to suppress evidence. This challenges whether law enforcement obtained evidence in violation of your constitutional rights. If a judge agrees and excludes that evidence, the prosecution may no longer have enough to prove the case—often resulting in dismissal.

Each case is unique, and Dod Law evaluates every angle to protect your rights and work toward the best possible outcome.

Feeling guilty is not the same as being legally guilty in a courtroom. In the criminal justice system, a conviction only occurs if the prosecution can prove every element of the charge beyond a reasonable doubt. That’s why having a skilled defense attorney who can effectively challenge the evidence can make the difference between a conviction and avoiding a criminal record.

Even when the evidence appears strong, the focus often shifts to the outcome what is fair and appropriate under the circumstances? An experienced criminal defense lawyer with knowledge of the local courts, judges, and prosecutors can advocate for the best possible resolution.

Whether that involves pursuing alternatives to jail, securing placement in a treatment program, or presenting strong mitigating factors, having the right legal strategy in place is essential to protecting your future and achieving the most favorable result.

The first hearing after an arrest is called the arraignment, and it is the starting point of the court process.

At the arraignment, the formal charging document—known as the Complaint—is filed with the court, outlining the criminal charges against you. In most cases, a not guilty plea is entered so your attorney has time to review the evidence and begin preparing your defense.

Two key issues are typically addressed during this hearing. The first is your custody status. If you are in custody, the judge will decide whether bail should be set and, if so, how much—or whether you can be released without posting bail. If you are already out of custody, the judge may impose or modify conditions of release.

The second issue involves scheduling future court dates. This usually includes a readiness conference and either a preliminary hearing for felony cases or a trial date for misdemeanors.

Having an experienced criminal defense attorney at your arraignment is important to protect your rights from the very beginning and to position your case for the best possible outcome.

There are three primary ways to post bail: paying the full amount in cash, working with a reputable bail bond company, or using property as collateral. A bail bond company will typically post the full bail amount on your behalf in exchange for a nonrefundable fee—usually around 10% or less of the total bail.

However, deciding whether to post bail is not always a simple decision. Speaking with a criminal defense lawyer beforehand can be extremely helpful. In some cases, a judge may release someone at the arraignment without requiring bail at all—potentially saving thousands of dollars. In other situations, bail may be reduced, which can also result in significant savings.

On the other hand, there are instances where bail could be increased at the arraignment. Without proper guidance, someone who has already posted bail could be taken back into custody and required to post a higher amount—or not be released again.

Because every case is different, there are many factors to consider. Consulting with an experienced criminal defense attorney can help you make a more informed decision.