Question 1

I maintain that I am innocent – do I still need a local bay area criminal defense attorney?

Accepted Answer

No matter what you intend to plead, please do not ever do so without an attorney present. You could still be penalized in court for things you don’t know about, but that an experienced criminal defense lawyer can help you avoid. Call the Lamano Law Office for help.

Question 2

What is the difference between probation and parole?

Accepted Answer

Probation can be used as an actual criminal sentence handed down by the judge, but parole is something that can happen after a convicted individual has been in prison for a period of time.

Question 3

Do I really need a criminal lawyer if I plead guilty?

Accepted Answer

Yes – you should never advocate for yourself. You just aren’t going to know the law like your attorney will, and you have emotion working against you. Always work through an attorney.

Question 4

Are plea bargains a good idea, and what are they?

Accepted Answer

When the prosecution and the defense try to negotiate a deal between them on a case, this is known as a plea bargain. At times, taking this deal could be your best option – your criminal law attorney will advise you.

Question 5

How does the prosecution determine the charges against me?

Accepted Answer

They look at the evidence at hand and determine if it has sufficient quantity and quality to pursue a conviction. If they cannot obtain enough evidence of good caliber that would lead to a conviction, they probably won’t pursue that case at all, and charges are dropped.

Question 6

If my case is called before a grand jury, what do they do and what does that mean for me?

Accepted Answer

Simply stated, a grand jury is a group of people – essentially your peers – who hear evidence in a case and decide whether there is enough probable cause for that case to go to trial. They look at all the evidence available including testimony and documentation. When they have deliberated, they will decide whether to take the case to trial or not.

Question 7

Could I be arrested if I refuse to cooperate with police to give a statement?

Accepted Answer

No – this is not a valid reason for arrest. You have the right to remain silent and not provide any kind of statement to law enforcement if you so wish. Don’t let them scare you into making a statement that might not read well at a hearing. Talk to your attorney first before giving any statement to police.

Question 8

Must the police read me my rights if I am arrested?

Accepted Answer

Actually no. The police must have read you the Miranda Warning if they are planning on using any of your statements against you at a hearing or trial, and they are only required to give the warning when you are in their formal custody. Your best defense here is to not speak without your attorney.

Question 9

Must I allow law enforcement to search my house or car?

Accepted Answer

The simple answer is no – not without a warrant or probable cause. They might try and intimidate you or detain you until they can get the warrant that is required, but you have rights there as well. If you believe you haven’t been granted due process, contact the Lamano Law Offices.

California Criminal Defense FAQ