Best Criminal Litigation Lawyers in Burlingame

About Criminal Litigation Law in Burlingame, United States

Criminal litigation in Burlingame, United States, refers to legal proceedings brought by the government against an individual or entity accused of violating criminal laws. As a city located within San Mateo County in California, Burlingame follows both federal and state law, with most criminal matters prosecuted under California Penal Code. Criminal litigation typically covers a broad range of offenses, from misdemeanors such as petty theft or DUI to serious felonies like assault or drug trafficking. The process involves a thorough investigation, potential arrest, arraignment, pretrial motions, trial, and sometimes appeals. The aim is to uphold justice, protect the community, and ensure that those accused receive a fair trial under the law.

Why You May Need a Lawyer

Facing criminal charges in Burlingame can have serious, lasting consequences, including fines, jail time, probation, and a permanent criminal record. Common situations where people may require legal help in criminal litigation include:

• Being arrested or investigated for a crime, regardless of severity
• Receiving a summons or notice to appear in court for a criminal matter
• Facing formal charges such as theft, assault, DUI, drug offenses, domestic violence, or white-collar crimes
• Having a criminal record and seeking expungement or record sealing
• Being subject to an arrest warrant or bench warrant
• Needing legal guidance regarding plea bargains or sentence reductions
• Being a victim of a crime and needing assistance navigating the criminal justice process
• Concerns about immigration consequences related to criminal charges

An experienced criminal defense attorney can help explain your rights, develop a defense strategy, negotiate with prosecutors, and represent you before the court.

Local Laws Overview

In Burlingame, criminal litigation is primarily governed by California state law. Key factors to understand include:

• Crimes are classified as infractions, misdemeanors, or felonies, with penalties escalating based on severity
• The California Penal Code, Vehicle Code, and Health and Safety Code detail most prosecutable offenses
• The legal process often begins with an arrest or citation, followed by filing charges in the San Mateo County Superior Court
• Defendants are entitled to legal representation at every major stage, and public defenders may be appointed if necessary
• Bail and pretrial release practices vary based on the nature of the offense and prior history
• The district attorney for San Mateo County prosecutes most criminal cases arising in Burlingame
• California law includes specific protections regarding search and seizure, interrogations, and Miranda rights
• Certain offenses may be eligible for diversion programs, particularly for first-time or non-violent offenders

Local law enforcement officers, typically the Burlingame Police Department, investigate alleged criminal activity and liaise with county prosecution and court officials.

Frequently Asked Questions

What should I do if I am arrested in Burlingame?

Remain calm and do not resist arrest. Exercise your right to remain silent and request an attorney immediately. Do not answer questions or consent to searches without a lawyer present.

Can I get a free lawyer if I cannot afford one?

Yes, if you are facing criminal charges and cannot afford a private attorney, the court will appoint a public defender or court-appointed lawyer to represent you.

What happens at a first court appearance or arraignment?

At arraignment, you will be formally notified of the charges, informed of your rights, and asked to enter a plea. Bail may be addressed, and future court dates scheduled.

How are crimes classified in Burlingame?

Crimes are classified as infractions (minor offenses), misdemeanors (less serious crimes, punishable by up to one year in county jail), and felonies (serious crimes with possible state prison sentences).

What are my rights if the police question me?

You have the right to remain silent and the right to an attorney. Police must read you your Miranda rights before any custodial interrogation. You can refuse to answer questions without a lawyer present.

How do bail and pretrial release work?

After arrest, bail may be set depending on the alleged offense and flight risk. In some cases, you may be released on your own recognizance or held until trial.

Can I clear my criminal record in Burlingame?

Certain offenses may be eligible for expungement or record sealing under California law, especially for first-time offenders and after successful completion of probation or sentence.

What does a plea bargain involve?

A plea bargain is an agreement where you plead guilty to a lesser charge or for a lighter sentence in exchange for avoiding trial. This should be discussed carefully with your lawyer.

Are diversion programs available?

Diversion programs may be available for specific non-violent offenses, such as drug or mental health treatment programs, sometimes resulting in dismissal of charges upon completion.

How long does a criminal case take to resolve?

Timelines vary by complexity of the case, type of charges, and court schedules. Misdemeanors may resolve in months, while felony cases can take a year or more, especially if they go to trial.

Additional Resources

If you are seeking legal advice or support related to criminal litigation in Burlingame, the following resources may be helpful:

• San Mateo County Superior Court Criminal Division - handles local criminal cases
• San Mateo County District Attorney's Office - prosecutes criminal offenses
• San Mateo County Public Defender's Office - provides defense for those unable to afford an attorney
• Burlingame Police Department - for arrest, investigation, and police records inquiries
• California Courts Self-Help Center - general information on criminal procedures and defendants' rights
• Legal Aid Society of San Mateo County - offers legal support for eligible individuals
• State Bar of California - for attorney searches and legal referrals

Next Steps

If you are involved in or concerned about a criminal matter in Burlingame, take the following steps:

• Do not speak to law enforcement or other parties about your case without legal representation
• Contact a qualified criminal defense attorney who is familiar with California and local Burlingame laws
• Gather any documentation related to your case, including police reports, court notices, or evidence
• Attend all scheduled court appearances and follow your attorney's guidance throughout the process
• If you need immediate assistance and cannot afford a private lawyer, request a public defender from the court
• Stay informed about your rights and possible legal options

Remember, when facing criminal charges, prompt and informed action can significantly impact the outcome of your case. Legal professionals in Burlingame are available to protect your rights and help you navigate the criminal justice system.