Law Office of Vikas Bajaj, APC

Can I be arrested if the police don’t have a warrant for my arrest?

The police don’t need a warrant to arrest you if they witness you committing a crime. Also if the police have probable cause that the suspect has committed a felonious crime, then they can also arrest you without a warrant. There are also certain misdemeanor crimes where the police are able to make a warrantless arrest if they have probable cause.

Can I be searched without a warrant in San Diego?

If the San Diego Police have probable cause that you’ve committed or are in the process of committing a crime, then the police may do an appropriate search. A good San Diego criminal defense attorney can protect your case if you’ve been illegally searched, and in some instances, the evidence secured illegally may be declared inadmissible in court.

If I’m innocent, do I need an attorney?

The state government has lots of social and financial resources at their disposal that they can use against you in court. They could use these resources to stack the evidence against you and it could prove beneficial to have an experienced criminal defense attorney at your side to navigate the intricacies of litigation.

I’m guilty, should I hire a lawyer anyway?

A knowledgeable and skillful lawyer may be able to determine that your rights were violated and have your case dismissed under California law. Committing a crime doesn’t always lead to a conviction and the sentencing guidelines vary depending on the severity of the crime. A consummate legal professional will be able to fight for reductions in your charges and sentencing. Additionally, trial lawyers in San Diego can help you navigate the complicated process to ensure that you do not ultimately find yourself facing steeper penalties than necessary or fair.

Should I use a public defender, private attorney, or defend myself in my criminal case?

Public defenders and private attorneys have years of invaluable experience and relationships that can be used in a client’s favor. Unless you have extensive knowledge of the California Court System and state law, then it may be in your best interest to hire a criminal defense lawyer in San Diego CA. Though a public defender is qualified to represent your case, they are often bombarded with new cases every day. A reputable private attorney will spend their time and energy focused on your case and have experience with cases specifically like yours.

Can my case be dismissed if the police did not read me my Miranda Rights?

If the police hold you, without you being able to leave, and question you, without reading you your Miranda rights, then the testimony you provide could be inadmissible in court. However, a law officer’s failure to read you your rights is not a technicality that will result in a dismissed case, as your Miranda Rights are not a Constitutional right.

How does California differentiate between a felony and a misdemeanor charge?

A misdemeanor in San Diego, CA is a crime punishable for up to one year in prison and a fine of no more than $1,000. Some examples of misdemeanor crimes include DUI, petty theft, or shoplifting. Felonious crimes are much more serious and could lead to extensive fines and lengthy jail sentences, even life in prison. Rape, murder, and robbery are examples of felony crimes. Since California has the three-strike law, repeat offenders can see more harsh sentencing than first-time offenders. A person with three strikes can be charged with 25 years to life in prison regardless of the nature of the mo

What is bail and how much can it be?

Bail is money deposited into the court system to secure your release from prison and ensures that you will appear for your future court proceedings. Each county in California has its own bail schedule depending on the severity of the charges, and San Diego CA has its own specific guidelines that your lawyer will help you understand. It is also possible to be released on your own recognizance.