Criminal Defense FAQs
Bailing out often refers to the process by which bail funds are posted, or promised, for the purpose of being released from custody. If bail is not met or promised at or before the arraignment, then a defendant will appear before a court in custody. At arraignment, the bail amount can remain the same, be increased or reduced depending on the circumstances. Unless an individual in custody who has not posted bail is able to convince a court to be released without bail, the defendant shall remain in jail until the bail amount is posted or until the next court date.
Yes, if you have been involved in a criminal case, even if you are completely innocent, you should still seek the counsel of an attorney. Your future is too important to leave to chance.
Yes, there are situations where the police can perform a search without a warrant. These include if you give them consent, if an area or evidence is clearly visible (Plain View Doctrine), if the search is in connection with an arrest, or in exigent circumstances. The attorneys at Karagozian & Rudolph feel that if the government did a search on you with or without a warrant, it needed to be done right and will investigate every angle of that search to determine if there is any defense. If you feel that your rights were violated, please contact us.
Felonies and misdemeanors carry different possible consequences. Felonies are crimes with a potential penalty of more than one year in prison (e.g. armed robbery). Misdemeanors are crimes that potentially carry a sentence of not more than one year in jail. (e.g. petty theft). If you are unsure if you are charged with a felony or a misdemeanor, please contact us.
If you have been arrested, you should contact a criminal defense attorney as soon as possible to have this issue handled professionally and to make sure your rights are protected.
No. If you have been arrested, you have the right to remain silent and you have the right to an attorney. Do not speak to police without legal counsel present because anything that is said can be used against you.. Any statement youmake may also be taken out of context and wrongfully misinterpreted. If you have been arrested, please immediately contact a criminal defense attorney.
A preliminary hearing is the first stage of the court process.
At this point in the case, you will have had an opportunity to meet with your lawyer in order to discuss your side of the story and make some decisions about how you want to move forward in your situation. He or she will also guide you through these initial stages of understanding what happens next in this process.
During a preliminary hearing, both sides (or their lawyers) tell their stories and provide information about documents they think are relevant for proving their case. During this proceeding, both sides will be given time to present any evidence they want the judge to consider when deciding whether or not they should issue an injunction that would force one side or another into action.
After an arrest, the police must give you your Miranda warnings before questioning you while in custody. Your MirandaRights are “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
If you believe your Miranda Rights were violated, please contact Karagozian & Rudolph.
The only time the judge will recommend jail or remand for the first-time DIU offense is when you fail to complete the non-jail penalties or violate the probation terms.
If you fail to challenge your suspension, you automatically get a six-month license suspension in California. After which, you have to serve either an IID restricted license or a restricted license, which comes with different provisions.
It’s not in the lawyer’s position to determine whether the accused is guilty. They are never even sure if the accused has provided the total truth in most cases. Therefore, the lawyer must mount a vigorous defense and allow the judge and the jury the power to pass the accused as either guilty or innocent.