FREQUENTLY ASKED QUESTIONS ABOUT MISDEMEANORS

 

Q.  What is an arrest?

A.  If you are arrested, you will be taken into custody and will not be free to leave the scene.  Even if you are not arrested, you may be detained for questioning if a police officer or other person believes that you may have been involved in a crime.  When you are arrested, you are not required to answer any questions other than to provide you name, address and identification, if requested. 

 

Q.  When should I contact a lawyer?
A.  If you are arrested for a crime, particularly for a serious crime, you should consult legal counsel as soon as possible.  An experienced criminal defense attorney can also advise you and your friends of family regarding the bail process.  Representing yourself against an experienced prosecutor puts you at a major disadvantage.  Without an attorney you’re not on a level playing field.  Jeffrey D. Stulberg, A Law Corporation, is experienced in California law and is able to make decisions and arguments in your favor.

 

Q.  How does a misdemeanor affect my future employment?
A.  A misdemeanor conviction will result in a criminal record which can affect your future employability.  Companies routinely perform pre-employment background checks and screening on all applicants.  Most employers will not hire an applicant with a criminal background.  Expunging your criminal record is the only way to prevent future employers (other than governmental agencies) from seeing your criminal history.

 

Q.  What if I am falsely accused of a crime?
A.  Do not attempt to talk your way out of the charges or represent yourself in court.  Judges and prosecutors do not discuss charges or case facts directly with defendants.   Your first step should be to secure a knowledgeable and experienced criminal defense attorney. 

 

Q.  If I intend to plead guilty, why do I need an attorney?
A.  If you are pleading guilty, you still need an attorney to ensure that your sentence is minimized.  An experienced criminal defense lawyer can reduce your chances of going to jail.  In some cases, a skilled attorney can negotiate a better plea and/or reduction of charges filed, depending on the seriousness of the offense and the defendant’s prior criminal history.

 

Q.  Does a misdemeanor conviction always mean jail time?
A.  No.  Jail time for a misdemeanor conviction depends on several factors.  These include, but are not limited to, any prior criminal record, the facts of the case, the victim’s attitude toward the defendant, any outstanding restitution, and the defendant’s current probation status. 

 

Q.  What types of alternative sentences could be substituted for jail time?
A.  Alternative sentences to jail include house arrest, community service, Sheriff’s Alternative Work Program, graffiti removal, and counseling.

 

 

Jeffrey D. Stulberg • A Law Corporation