Questions Frequently Asked of Criminal Defense Lawyers
- Should I accept a plea bargain?
- What is the California "three strikes" law?
- If I have been charged with a felony, can I avoid going to jail?
- If I was charged with a misdemeanor, do I need a lawyer?
Q: Should I accept a plea bargain?
A: Depending on the facts of your particular case, whether they are a DUI, drug crime or other type of crime, entering into a plea agreement might be your best option. However, whether you were charged with a misdemeanor or felony, it is still important that you hire experienced criminal defense lawyers who understand the strategies prosecutors use in plea negotiations. Often, you will be offered a deal that is not in your best interest, or that would leave you pleading guilty to a more serious crime than the one you might have actually committed.
When you come to our office for your free initial consultation, we will examine the facts of your case, advise you as to whether a plea bargain might be a good idea, and tell you whether you should fight the charges at trial. If you choose to try to negotiate a plea, we will negotiate on your behalf, and work to obtain the best possible deal.
Q: What is the California "three strikes" law?
A: Generally, in California, if you have been convicted of two prior "serious" felonies, and are convicted of a third felony (even if it is not a "serious" felony), you face a mandatory 25-year to life prison sentence. If you have been convicted of just one prior "strike" offense, and are later convicted of a second, you face potential double jail time for the second conviction.
California's three strikes law can have very harsh consequences for Sacramento based residents, even if you do not have a previous strike offense conviction on your record. If you have been arrested for a felony that could be considered a strike offense, it is crucial to hire experienced criminal defense lawyers who may be able to reduce the charges to a non-strike offense.
Q: If I have been charged with a felony, can I avoid going to jail?
A: Often—especially if you have no previous convictions on your record, or if the evidence against you is weak— it is possible to seek jail alternatives, such as counseling programs, classes, and probation. Using our experience as former prosecutors and practicing Sacramento criminal defense attorneys, we can often negotiate with the prosecutor to have the charges against you dropped or reduced, or to make sure that the punishment for your crime consists of a jail alternative.
Q: If I was charged with a misdemeanor, do I need a lawyer?
A: Yes. Regardless of the particular crime with which you have been charged, you have a constitutional right to have a lawyer present at all stages of the proceedings. Many misdemeanors still carry serious punishments, including large fines and potential jail time. Some misdemeanors also carry significant administrative punishments, such as having your driver license suspended. However, in many cases, it may be possible to negotiate a plea bargain for a lesser offense, or to successfully fight the charges at trial. We can evaluate the facts of your case, advise you as to your options, and discuss what might be best for you.
Hire Experienced Defense Counsel
If you are being investigated for a crime, or if you have been arrested and have any questions about your situation, it is important to consult with experienced Sacramento criminal defense lawyers as soon as possible. As former prosecutors, we have a unique understanding of the process, and will do everything we can to achieve the best possible results for you. We represent clients who face drug crime charges, DUI charges, white collar crime charges, and more. To schedule a free initial consultation with a Sacramento lawyer, contact the Brennan Defense, LLP, today.
