Best Criminal Litigation Lawyers in San Mateo

About Criminal Litigation Law in San Mateo, United States

Criminal litigation in San Mateo, United States, refers to the legal process by which individuals or entities are prosecuted by government authorities for alleged violations of criminal law. This includes both misdemeanors and felonies, ranging from petty theft and DUI offenses to serious crimes like burglary or assault. Criminal litigation involves various stages, such as arrest, arraignment, pretrial motions, trial, and potentially appeals. The legal process is governed by federal and California state laws, as well as local ordinances unique to San Mateo County.

Why You May Need a Lawyer

There are several situations where obtaining legal representation in criminal litigation is crucial. Being accused or investigated for a crime, even before formal charges are filed, can have significant legal and personal consequences. Representation is vital in scenarios such as:

• Being arrested or charged with a misdemeanor or felony offense
• Receiving a summons to appear in criminal court
• Undergoing police questioning or a criminal investigation
• Facing violations of probation or parole
• Dealing with warrants, restraining orders, or bail matters
• Wanting to negotiate plea agreements or deal with prosecutorial offers
• Seeking to expunge or reduce criminal records
• Navigating juvenile criminal charges for minors

A qualified criminal defense attorney can help ensure your rights are protected, build a strong defense strategy, and work toward the best possible outcome. Legal counsel is particularly important given the complexity and potential severity of criminal litigation in San Mateo.

Local Laws Overview

Criminal litigation in San Mateo operates under both federal and state criminal codes, with specific local variations. Key aspects include:

• Jurisdiction: San Mateo County Superior Court handles most criminal cases arising within the county boundaries, including Redwood City and other localities.
• Types of Offenses: Crimes are categorized as infractions, misdemeanors, or felonies. Infractions are minor violations, misdemeanors carry potential jail time up to one year, while felonies may lead to longer prison sentences.
• Pretrial Process: After an arrest, a defendant is arraigned before a judge, informed of charges, and may request bail. Discovery, motion hearings, and negotiations often follow.
• Local Resources: The San Mateo County District Attorney’s Office prosecutes offenses, while the Public Defender’s Office provides defense for those who qualify financially.
• Alternative Courts: San Mateo supports alternative courts for some offenses, such as Drug Court or Veterans Treatment Court, which focus on rehabilitation.
• Three Strikes Law: California’s Three Strikes sentencing law can significantly increase penalties for repeat offenders.
• Expungement and Record Sealing: Individuals may be eligible to have certain convictions removed or sealed under California’s expungement statutes, depending on the nature of the offense and post-conviction conduct.
• Local Ordinances: Some behaviors that may not be crimes under state law could still violate San Mateo County or city codes.

Frequently Asked Questions

What happens after an arrest in San Mateo?

After an arrest, you may be taken to jail for booking. You will be informed of your charges at an arraignment, where you can enter a plea. Bail may be set, and legal counsel is highly recommended as early as possible.

Can I get a public defender in San Mateo?

Yes, if you cannot afford an attorney, you have the right to a court-appointed public defender. The court will determine your eligibility based on your financial situation.

What is the difference between a misdemeanor and a felony?

Misdemeanors are less serious than felonies and punishable by up to one year in county jail. Felonies are more serious, can involve long-term imprisonment, and result in more severe long-term consequences.

How do bail and release work in San Mateo?

Bail is money paid to the court as a guarantee that you will return for future court dates. The amount is determined by the judge and factors such as the severity of the offense and your criminal record.

Will my case go to trial?

Not all cases go to trial. Many are resolved through plea agreements or dismissals. However, you have the right to a jury trial if charged with a crime.

Can I get my criminal record expunged?

California allows for expungement of certain offenses if you meet eligibility requirements, such as completing probation or a sentence. Some serious crimes are not eligible for expungement.

What should I do if I am contacted by the police?

You have the right to remain silent and to have an attorney present during questioning. You are not required to answer questions or consent to searches without a warrant.

What are my rights if I am accused of a crime?

You have the right to remain silent, the right to an attorney, the right to a fair trial, and protection against unreasonable searches and seizures under the U.S. Constitution and California law.

How are juveniles treated in the criminal justice system?

Juvenile cases are generally handled in a separate court system focused on rehabilitation rather than punishment. However, for serious offenses, juveniles can be tried as adults.

What penalties could I face if convicted?

Penalties depend on the severity of the offense and your prior record. Consequences may include jail or prison time, fines, probation, community service, and long-term effects like loss of certain rights and a criminal record.

Additional Resources

If you need further help or information regarding criminal litigation in San Mateo, the following resources may be useful:

• San Mateo County Superior Court - Criminal Division
• San Mateo County District Attorney’s Office
• San Mateo County Public Defender’s Office
• California State Bar - Find a Lawyer Program
• Legal Aid Society of San Mateo County
• San Mateo County Law Library
• California Courts Self-Help Center

Next Steps

If you or a loved one is facing criminal charges or investigation in San Mateo, act promptly to protect your rights. Here is how to proceed:

• Consult with a qualified criminal defense attorney as soon as possible to review your case and discuss your options.
• If you cannot afford a private attorney, request a public defender at your first court appearance.
• Gather any documents, evidence, or witness information that may help your defense.
• Do not discuss your case with anyone other than your attorney and avoid social media posts about your situation.
• Follow all court instructions and appear at all scheduled hearings.
• Explore the local resources listed above for additional information and support.

Taking swift action and obtaining professional legal advice is critical to achieving the best possible outcome in your criminal litigation matter in San Mateo.