Best Criminal Litigation Lawyers in Calabasas

About Criminal Litigation Law in Calabasas, United States

Criminal litigation in Calabasas, United States, encompasses legal proceedings initiated by the government against an individual or entity accused of committing a crime. The process involves the prosecution presenting evidence to prove the defendant's guilt beyond a reasonable doubt, while the defense works to challenge the prosecution's case and present a defense. Calabasas, as part of Los Angeles County, follows California's state laws, which are designed to uphold justice and protect the rights of individuals. Criminal cases can range from misdemeanors, such as petty theft and minor drug offenses, to serious felonies like robbery and homicide.

Why You May Need a Lawyer

There are various situations where individuals may need legal assistance in criminal litigation, including:

• Being arrested or charged with a crime
• Receiving a summons to appear in court
• Facing an investigation for alleged criminal activity
• Being a victim or witness in a criminal case
• Needing to understand your rights during police questioning
• Considering a plea bargain or negotiating a sentence
• Appealing a conviction or sentence

An experienced criminal litigation lawyer can provide essential legal advice, represent you in court, and help ensure your rights are protected throughout the legal process.

Local Laws Overview

Key aspects of local laws relevant to criminal litigation in Calabasas include:

California Penal Code

The primary legal framework for criminal offenses, including definitions, classifications (infractions, misdemeanors, felonies), and sentencing guidelines.

Three Strikes Law

California's "Three Strikes" law imposes severe penalties on repeat offenders who have been convicted of three or more serious or violent felonies.

Prop 47 and Prop 64

Proposition 47 reclassified certain nonviolent offenses as misdemeanors, while Proposition 64 legalized the recreational use of marijuana and reduced penalties for related offenses.

Search and Seizure Laws

The Fourth Amendment protects against unreasonable searches and seizures, and California laws provide specific guidelines for when and how law enforcement can conduct searches.

Right to Counsel

Under the Sixth Amendment, individuals have the right to legal representation. If one cannot afford an attorney, the court will appoint a public defender.

Bail and Pretrial Release

Understanding bail procedures, eligibility for release, and conditions that may apply is crucial for individuals awaiting trial.

Frequently Asked Questions

What should I do if I am arrested?

Remain calm and polite, do not resist arrest, and ask for an attorney immediately. Do not answer any questions or provide statements without your lawyer present.

Can I represent myself in court?

While you have the right to self-representation, it is generally not advisable due to the complexity of criminal law and court procedures. An experienced attorney can significantly improve your chances of a favorable outcome.

What is a plea bargain?

A plea bargain is an agreement between the defendant and the prosecutor where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or the dropping of other charges.

What are my rights if I am under investigation?

You have the right to remain silent, to not incriminate yourself, and to have an attorney present during questioning. Additionally, you can refuse consent to searches if there is no warrant.

How is bail determined?

Bail is set based on the severity of the offense, the defendant's criminal history, flight risk, and potential danger to the community. A judge will make the final decision.

What happens at an arraignment?

An arraignment is the first court appearance where charges are read, and the defendant enters a plea (guilty, not guilty, or no contest). Bail may also be addressed during this hearing.

How long does a criminal case take to resolve?

Duration varies based on the complexity of the case, court schedules, and whether it goes to trial. Some cases can be resolved in weeks, while others may take months or even years.

What are the potential penalties for a criminal conviction?

Penalties range from fines and probation to imprisonment and, in some cases, the death penalty. The severity depends on the nature of the crime and other factors.

Can criminal records be expunged in California?

Certain misdemeanor and felony convictions can be expunged from your record, meaning they are dismissed and you can legally state you were not convicted. Eligibility criteria must be met.

What should I expect during a trial?

During a trial, both prosecution and defense present evidence and question witnesses. The process includes jury selection, opening statements, witness testimonies, cross-examinations, closing arguments, and the jury's deliberation and verdict.

Additional Resources

Here are some resources that can be helpful:

• Los Angeles County Public Defender's Office
• California Courts – Self-Help Center
• ACLU Southern California
• Los Angeles County Bar Association – Lawyer Referral Service
• California Innocence Project

Next Steps

If you need legal assistance in criminal litigation, consider the following steps:

1. Contact a criminal defense attorney in Calabasas experienced in handling cases similar to yours.
2. Gather all relevant documents and information about your case.
3. Schedule an initial consultation with your attorney to discuss your situation, options, and potential defense strategies.
4. Follow your attorney's guidance and instructions throughout the legal process.
5. Stay informed and actively participate in your defense.

Seeking legal advice promptly can help ensure your rights are protected and increase your chances of a favorable outcome.