Facts & Questions
Click on the question below to read answers to frequently asked criminal law questions.
General Questions
What’s the best way to post bail? How much does it cost?
What is Alternative Sentencing and who will qualify?
What happens when a person violates parole?
DUI and Drug Crimes
How long do I have before my license is revoked?
Is participation in a Drug Program guaranteed?
Juvenile Crimes
What is the age of a minor for the purpose of California Criminal Law?
What is Proposition 21?
Misdemeanors and Felonies
What is the difference between a California felony and a misdemeanor?
Do I need an attorney for a misdemeanor offense?
Writs and Appeals
How long does and appeal take?
General Questions
What’s the best way to post bail? How much does it cost?
Whenever possible, the best way to post bail is to pay the full amount in cash. If the defendant makes his/her court appearances, when the case is over the money will be returned.
If you do not have the money to pay cash for bail, you can get a bail bond from a bail bond agency. The usual cost of a bail bond is ten percent (for example in the case of a $10,000 dollar bail, one thousand dollars) which will not be returned. Sometimes you can negotiate a lower percentage, and some bail bond agencies will allow a partial down payment with installment payments of the balance.
Remember... bail bond agencies do not refund the 10% cost of the bond, even if the case is dismissed. Talk to a criminal defense attorney for more information before you pay a bail bond agency.
A skilled attorney may be able to convince the judge to release a defendant on his/her promise to appear and then a bail bond will not be required.
What is Alternative Sentencing and who will qualify?
Alternative sentencing refers to a variety of jail alternatives available to California criminal defendants charged with non-violent crimes. Examples of California alternative sentencing options include: House Arrest, Work Release Programs, Alcohol Rehabilitation, Drug Rehabilitation, Community Service, Diversion Programs and Sentence Reduction.
Because judges are responsible for delivering alternative sentences in California, it is important to retain an experienced California defense lawyer to present a persuasive request for your alternative sentence. The skilled attorneys at John Anderson Law will prepare a convincing argument to establish that you are an appropriate candidate for alternative sentencing.
What happens when a person violates parole?
A person who violates a paroled sentence may be returned to prison to serve the time that was remaining on their sentence when they were originally paroled. If a person commits a criminal act while in violation of their parole then s/he may also be prosecuted for the new crime; and will receive an additional sentence if convicted.
DUI and Drug Crimes
How long do I have before my license is revoked because of a DUI?
It is extremely urgent that a person charged with DUI in California has their DUI defense attorney contact the DMV within 10 days of their arrest or charge. If you do not make a request for hearing within 10 days, your driver’s license will be automatically suspended or revoked 30 days from the original date of your arrest. Do not delay, call John Anderson Law to retain a California DUI lawyer who will immediately file a DMV hearing request before you lose your license and right to drive.
Is participation in a Drug Program Guaranteed?
Under the Substance Abuse and Crime Prevention Act of 2000 (SACPA), also known as Proposition 36, non-violent drug offenders charged with a first or second offense of use, possession or transportation of illegal drugs for personal use may receive drug treatment instead of jail time. However, participation in a drug program is not guaranteed to all criminal defendants. To participate in a court-ordered drug program a defendant’s case must be properly presented to the court and permission must be granted by the presiding judge.
Juvenile Crimes
What is the age of a minor for the purpose of California Criminal Law?
What is Proposition 21?
California Proposition 21, (Prop 21), was passed in 2000 and substantially increased a number of criminal penalties for offenses committed by youth. Prop 21 integrated many young offenders into the adult criminal justice system by specifying that any youth age 16 or older charged with a felony would be presumed unfit to be tried in the juvenile court if he or she had previously been a ward of the court as a result of two or more felonies committed after age 14.
Proposition 21 also provided broad new powers to prosecutors allowing California youth offenders to be tried in an adult court for certain types of cases, including but not limited to: murder with special circumstances and/or certain enumerated sex offenses. The prosecutor may choose to file the case as an adult felony complaint instead of a juvenile delinquency petition.
In certain situations, under a limited reverse waiver statute, youth offenders may be returned to juvenile court jurisdiction by order of a California criminal court judge.
As a result of new California policy, youth who are tried as adults and convicted are not housed in an adult prison facility and serve their sentence in juvenile prison until age 18. The youth may be sent to an adult prison after the age of 18.
The widespread impact of Prop 21 on California juvenile law has increased the necessity for an experienced juvenile criminal defense attorney whenever a California youth is accused of a crime.
Misdemeanors and Felonies
What is the difference between a California felony and a misdemeanor?
A California felony is a crime that carries a prison sentence of one year or more in a California state or federal prison.
A misdemeanor crime carries a punishment of up to one year in jail and a fine of up to $1000. A misdemeanor crime does not carry a federal or state prison sentence. Misdemeanor charges may include lesser property crimes, violations of California traffic code, and violations of county and municipal statutes.
Common Misdemeanor Offenses:
Driving under the influence
Domestic violence
Disorderly conduct
Solicitation of prostitution
Common California Traffic Code Misdemeanors:
Altering a VIN number
Driving with a suspended or restricted license
Driving without a license
DUI
Evading Arrest
Failure to appear
Failure to attend traffic school
Fake license
Giving false information
Hit and run
Littering
Refusing to show license to an officer
Tampering with an odometer
Do I need an attorney for a misdemeanor offense?
Yes! Although a misdemeanor is generally thought to be a minor offense, a person found guilty of a misdemeanor in California may face serious consequences. Punishment for a misdemeanor charge may include fines, a jail sentence of up to one year, and a criminal record. Often times a criminal record may hinder your ability to become employed in the future. In some situations a judge may even decide to elevate a misdemeanor charge to a felony charge. The defense attorneys at John Anderson Criminal Law will fight to obtain the best possible outcome when you have been charged with a misdemeanor in California including clearing your record of a criminal offense.
Writs and Appeals
How long does and appeal take?
Appeals are an in-depth process requiring coordination between court reporters, county clerks and your attorney. First, a Notice of Appeal must be filed and the Record of Appeal must be prepared. Your attorney must thoroughly review your case, work with you to clarify specific points regarding your case, research pertinent case law and prepare the necessary briefs to present to the court hearing the appeal. An oral argument before the court may be required to persuade the court in deciding the appeal. The process may take months from the time of filing a Notice of Appeal until the final decision is delivered by the Appeals Court.
Call John Anderson Law to answer your California criminal defense questions
The questions and information provided on this website may not be directly applicable to your specific case or jurisdiction. Contact the expert criminal defense attorneys at John Anderson Criminal Law to receive a free consultation regarding your specific criminal charges.
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