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United States Criminal Defense Legal Questions answered by Lawyers

Browse our 1 legal question about Criminal Defense in United States and the lawyer answers, or ask your own questions for free.

Do you prosecute local Philippina for violating ESTAFA laws
Criminal Defense
I was scammed by a lady presenting herself as my girlfriend.
Lawyer answer by mohammad mehdi ghanbari

HelloBased on the laws of the Philippines, you can file a criminal complaint against the person who scammed you for violating the laws on Estafa (swindling). Estafa is a criminal offense that involves defrauding another person of money or property...

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1. About Criminal Defense Law in Concord, United States

Concord, California sits in Contra Costa County and falls under California criminal law. A criminal defense attorney in this area defends clients against charges ranging from misdemeanors to felonies. The attorney’s role includes protecting constitutional rights, evaluating evidence, challenging unlawful searches, and negotiating with prosecutors. The local court system is the Contra Costa County Superior Court, with criminal matters handled in divisions in Martinez and Walnut Creek, and case management coordinated with the county’s District Attorney and Public Defender offices.

Typical steps in a Concord criminal case start with arrest or citation, followed by arraignment, discovery, pretrial motions, and potential plea negotiations or trial. Defense counsel helps determine whether to contest the prosecution’s evidence, file suppression motions under state law, and advise on sentencing alternatives if a conviction occurs. For residents unfamiliar with the process, engaging a skilled local attorney can safeguard rights and help navigate deadlines and court expectations.

Key terms you may encounter include arraignment, preliminary hearing, suppression motion, plea bargain, and sentencing. Understanding these concepts helps you participate effectively in your defense. For residents of Concord, knowledge of both state rules and county procedures is essential to achieving the best possible outcome.

“You have the right to remain silent and to have an attorney present during police questioning.” Source: California Courts Self-Help Center. Learn more

2. Why You May Need a Lawyer

Facing criminal charges in Concord can involve complex procedures and tight deadlines. A qualified defense attorney helps protect your rights and position you for the best possible outcome.

  • DUI arrest in Concord: Breath test or field sobriety results can be challenged. An attorney can review device maintenance logs and calibration records to identify weaknesses in the prosecution’s case.
  • Domestic violence allegations: A defense lawyer assesses protective orders, potential injuries, and the impact on custody or housing. They may negotiate conditions or reductions in charges where appropriate.
  • Possession or distribution of illegal drugs: Counsel evaluates search legality, chain of custody, and potential alternatives or diversion programs under state law.
  • Probation or parole violations: A lawyer represents you at violation hearings and negotiates recommendations for sentencing or reinstatement of terms.
  • Serious assault or weapons charges: An attorney analyzes whether statements, warrants, or seized evidence were obtained legally and whether charges can be reduced or dismissed.
  • DUI with injury or fatality: Defense counsel navigates complex charges, negotiates with prosecutors, and discusses potential plea options or trial strategies.

3. Local Laws Overview

Concord cases are governed by California Penal Code provisions and local court rules. Here are 2-3 statutes that commonly arise in Concord criminal defense matters, along with noting how recent changes have shaped practice.

  • Penal Code 148(a)(1): Resisting, delaying, or obstructing a peace officer - This statute is frequently cited in arrests involving traffic stops or interactions with law enforcement. Defenses may focus on unlawful arrest, lack of probable cause, or whether the officer reasonably believed resistance was necessary. For details, see the California Penal Code and official summaries: Penal Code 148(a)(1) overview.
  • Penal Code 273.5: Domestic violence causing great bodily injury - A serious charge with potential protective orders and custody implications. Defenses may include lack of intent or insufficient evidence of injury. See official text and notes at: Penal Code 273.5.
  • Penal Code 23152/23153: Driving under the influence - DUI offenses include driving with a blood alcohol concentration above legal limits or with drugs in the system. Defense strategies often address field sobriety testing, breathalyzer calibration, and medical conditions that may affect test results. See the statute at: Penal Code 23152.
  • Penal Code 1538.5: Motions to suppress evidence - Used to challenge illegally obtained evidence or invalid searches and warrants. This is a key tool in many Concord cases to suppress critical evidence. See: Penal Code 1538.5.

Recent changes and trends in California that affect Concord cases include voting-measure reforms that changed sentencing and classification in some offenses. For example, Prop 47 reclassified certain nonviolent offenses from felonies to misdemeanors, Prop 64 legalized and regulated cannabis with new penalties and procedures, and Prop 57 expanded certain credits and parole options. See the official voter information for these measures: Prop 47, Prop 64, and Prop 57.

“Public safety and rehabilitation reforms under Prop 47, Prop 64, and Prop 57 continue to influence charges, plea negotiations, and sentencing in California.” Source: California Secretary of State Prop 47, Prop 64 and Prop 57 pages. Prop 47 informationProp 64 informationProp 57 information

4. Frequently Asked Questions

What happens at the arraignment in a California criminal case?

An arraignment announces charges, advises rights, and asks for a plea. In many cases you may request a public defender if you qualify. The court sets conditions for release and may schedule future hearings.

What is the difference between an attorney and a public defender?

An attorney represents clients who hire private counsel. A public defender represents defendants who cannot afford private counsel. Both aim to protect rights and secure a fair result.

How long does a typical misdemeanor case take in Contra Costa County?

Time varies by complexity, but many misdemeanor cases resolve within 1-4 months if there is a plea. Trials or complicated motions can extend to 6-12 months or longer.

Do I need a lawyer for a probation violation in Concord?

Yes. Probation violation hearings involve potential new penalties. An attorney helps interpret terms, file appropriate motions, and negotiate dispositions.

How much does a defense attorney typically cost in Concord, CA?

Private attorney fees vary by experience and case complexity. Expect an initial retainer in the low thousands to tens of thousands for serious matters, plus hourly rates. Public defenders are provided when you qualify.

What is a 1538.5 motion to suppress evidence, and when is it used?

A 1538.5 motion challenges illegal searches or seizures. It is a critical tool when evidence was obtained without probable cause or proper procedure.

Can I represent myself in a criminal case in California?

Self representation is possible but risky. California requires competency and a court must approve difficult procedures. A lawyer generally improves outcomes and protects rights.

What is Prop 47 and how might it affect my charge?

Prop 47 reclassified certain nonviolent offenses from felonies to misdemeanors. It can impact sentencing, eligibility for dismissal, and record sealing options in many cases.

What is the process after arraignment if I accept a plea offer?

The judge typically accepts the plea and imposes sentencing terms. Plea agreements can include probation, community service, or fines, depending on the charge.

What is the difference between a negotiated plea and a trial?

A negotiated plea resolves the case with agreed terms. A trial determines guilt or innocence beyond a reasonable doubt if no plea is accepted.

What is the timeline to resolve a DUI case in Concord after arrest?

DUIs may go through discovery, DMV hearings, and potential trial. Resolutions often occur within 2-6 months if there are no delays, though complex cases can take longer.

Do I qualify for leeway or diversion programs in Contra Costa County?

Some first-time or low-risk offenders may qualify for diversion, probation, or treatment programs. Eligibility depends on charge type and county rules.

Is there an affordable way to obtain legal help in Contra Costa County?

Yes. You may be eligible for the Public Defender or Alternate Public Defender, or you can explore low-cost private counsel. Local legal aid clinics may offer limited-scope services.

5. Additional Resources

6. Next Steps

  1. Identify your charges and any upcoming court dates. Note all deadlines for filings and pleas. Timeline: within 24-72 hours of arrest for initial steps, and within the first week for arraignment reminders.
  2. Collect and organize essential documents. Gather your citation, police reports, medical records, and any communications from the court. Timeline: 1-3 days after arrest.
  3. Assess counsel options in Concord. Decide between private attorney, public defender, or alternative public defender if applicable. Timeline: 2-7 days for initial consultations.
  4. Schedule consultations with at least 2-3 defense attorneys. Prepare questions about fees, strategy, and likely timelines. Timeline: 1-2 weeks.
  5. Prepare a list of questions for each attorney. Include questions about suppression, plea options, and trial strategy. Timeline: before first meeting.
  6. Compare fee structures and potential retainer needs. Understand hourly rates, upfront costs, and any payment plans. Timeline: during consultations.
  7. Take action to hire the best fit and sign a retainer agreement. Timeline: within 1-2 weeks after your first consultation.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.