| LAW OFFICE OF CHRISTOPHER CANNON |
| FREQUENTLY ASKED QUESTIONS |
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| 1. IF I'VE BEEN ARRESTED, WHEN SHOULD I CONTACT AN ATTORNEY?
will no doubt have several questions regarding the arrest, the investigation, the possible impact to your criminal record, and the potential consequences of a conviction. Consulting with an experienced Criminal Defense Attorney as soon as possible will help provide you with answers to your questions and valuable advice, so that you can make an informed decision on how to best resolve your case. In fact, contacting an attorney immediately will allow your representative to get a head start on any investigation or negotiations with the District Attorney’s Office. If you have been arrested, it is also important to contact a qualified Criminal Defense Attorney, prior to answering any questions from a law enforcement agency. You have the right to representation throughout your case and the right to remain silent during any custodial interrogation. CASE COST ME?
vary significantly based on geographic area and experience. At the Law Office of Christopher Cannon, I charge a reasonable and extremely competitive fee, depending on your particular case. In most instances, I will quote you a flat fee for the specific stages of the legal proceedings. In misdemeanor cases, that usually means a flat fee prior to trial and separate fee if you would like to take your case to a trial. In felony cases you will be quoted a flat fee for legal services up to and including the preliminary hearing, with a separate fee for work following the preliminary hearing and for trial. Unlike many local attorneys, the quoted fee will not include any Motions or evidentiary hearings. This allows you to keep your costs down, without paying for any unnecessary or inapplicable written motions.
law enforcement and make the decision as to whether to file criminal charges against you. If the District Attorney’s Office decides to press charges, the next step in the process is arraignment. An arraignment is where the Judge reads the criminal charges in the Complaint to the Defendant, informs the Defendant of the District Attorney’s offer to resolve the case (if any), and asks the Defendant for his or her plea. The Defendant may plead “not guilty” or “guilty” at arraignment. If the Defendant decides to accept the District Attorney’s arraignment offer, and enters a plea of “guilty”, he or she is often sentenced immediately. On the other hand, if the Defendant enters a plea of “not guilty”, the Defendant has indicated a desire to challenge the charges contained in the Complaint. Please note that a Defendant’s “not guilty” plea can always be changed if the terms of a plea bargain offered by the District Attorney’s Office are beneficial to the Defendant or the circumstances of the case have changed. Following arraignment, your attorney will analyze the strengths of your case and discuss with the District Attorney the potential for resolution. The next Court date will often be a pre-trial conference or, in a felony case, a preliminary hearing. As stated above, if you were arrested, you should request to speak to a lawyer immediately. THE RESOLUTION OF MY CASE?
significant threat to the safety of the alleged victim or the community, or present a substantial risk of failing to appear for future Court dates, the Court must set a bail amount for your case. Bail represents a financial security or assurance given to the Court for the release of a Defendant from custody, in order to ensure the Defendant will make all required Court appearances. In most cases, the Court will set an amount of bail according to the local bail schedule, which varies based on the severity of the charges and/or the number of counts in the Complaint. Once the Court has set bail, you would have the opportunity to post the entire bail amount, or contact a local bail bondsmen. If you have been arrested, your attorney could Petition the Court for your release on your own recognizance and/or file a Motion to Reduce the Amount of Bail requested by the Court. Either way, it is important to have an experienced attorney advocating for you, to try and prevent you from staying in custody throughout your case. 5. I’VE BEEN ARRESTED FOR A CRIME RELATED TO DRUGS AND I WANT HELP, DO I HAVE ANY OPTIONS?
and drug dependency issues. For instance, in some cases, the Court is statutorily required to offer drug treatment. More specifically, there are programs such as Drug Diversion (Deferred Entry of Judgment) and Proposition 36. Additionally, some Defendant’s can qualify for more intensive treatment, participate in Drug Court, or seek residential treatment as a potential sentencing alternative. It is important to note, these programs vary significantly in intensity and requirements. Further, not all Defendants automatically qualify for drug counseling. Once you’ve made the difficult decision to address any problems with addiction, it is important to seek the advice of an experienced criminal attorney, so that he or she can explore all possible resolutions with the District Attorney and can explain all of the different requirements of the various drug programs. 6. MY SON OR DAUGHTER WAS JUST CHARGED WITH A CRIME IN JUVENILE COURT, WHAT CAN I DO?
attorney with experience in Juvenile Court and Welfare and Institutions Code section 602 cases. While Juvenile Court often has similar criminal proceedings as adult Court, the most important distinction is the focus on rehabilitation, and not punishment, of the minor. Instead of appearing at an arraignment, the minor must first appear at a Detention Hearing, where the Court will read the Petition filed by the District Attorney’s Office. At the detention hearing the Court will consider a Detention Report prepared by the Probation Department, which details the minor’s criminal record, home environment, and behavior at school, in order to determine whether the minor must remain in custody pending resolution of the case. If the matter is not resolved at the Detention Hearing or a subsequent pre- trial conference, the case is usually set for an Adjudication. Instead of a trial by jury, in Juvenile Court, the case is presented in front of a Judge. It is important to note that at an Adjudication, the prosecution still holds the burden of proving their case beyond a reasonable doubt and the rules of Evidence still apply. If the charges in the Petition are admitted or the Petition is sustained at an Adjudication, the minor must then appear for Disposition (sentencing). After reviewing another report and recommendation from the Probation Department, the Judge could declare the minor a Ward of the Court or return the minor home on probation without Wardship. Additionally, the Judge could order the minor to spend time in Juvenile Hall, a group home, or (in extreme cases) the California Youth Authority (now called the Division of Juvenile Justice). Even though the focus of Juvenile Court is on the rehabilitation and not punishment of the minor, having a child facing criminal charges is extremely difficult for the whole family. More importantly, parents, the Probation Department, the District Attorney’s Office, and the Judge could all disagree on what is in the best interest of the minor. That is why having an experienced attorney in Juvenile Delinquency cases is essential to advocate for the proper rehabilitation of your child. 7. I'VE BEEN SENTENCED ALREADY, CAN AN ATTORNEY STILL HELP ME?
probation can be modified at any point during the probationary period. Common requests to modify one’s probation include, requesting a jail sentence be served on weekends, converting a Court fine into jail time, clarifying a no contact and/or a stay away order, and switching the location of DUI or Anger Management counseling classes. Additionally, if presented with compelling reasons and the Defendant has complied with all of the terms of probation, a Court could terminate a Defendant’s probation early. Once your probation has been terminated, you can then file a Petition to have your Record Expunged (see below). 8. I HAVE ALREADY BEEN CONVICTED OF A CRIME, DOES THE CONVICTION HAVE TO STAY ON MY RECORD?
convictions expunged from his or her record. If a Petition to Expunge a conviction is granted, then the Defendant is allowed to withdraw a previous plea or guilty verdict, and have the Court once again enter a "not guilty" plea. The case is then DISMISSED by the Court. In addition to filing a Petition under 1203.4, for some felony cases, your attorney can also file a Motion to Reduce a felony conviction to a misdemeanor under Penal Code section 17(b) at the same time. In order to qualify to have your conviction expunged, you cannot be currently facing criminal charges, you must have been granted probation, you must have completed probation without any violations, and you must have complied with all of the terms of your probation (ie paid off all fines, restitution, and/or completed all counseling programs). Even if you have not completed one of the terms of your probation or you were never granted probation, please contact the Law Office of Christopher Cannon to see whether I can still help you. Just because your case is more complex, does not mean your conviction cannot be expunged based on the interests of justice. Having a criminal conviction expunged could alleviate many of the problems associated with having a criminal record. For example, you may legally answer that you have not been convicted of a crime on PRIVATE job applications. It is important to note that some consequences of the conviction still remain. For example: a prior conviction may still be used to increase a sentence for any new conviction; for felony convictions, it will still be illegal to own or possess firearms or ammunition; the conviction must still be disclosed in response to any direct question contained in any questionnaire or application for public office, State or local government job opportunity, or for State or local licenses; and 1203.4 will not relieve the requirement to register as a sex offender. Further, there are several Vehicle Code violations and Sex Offenses that cannot be expunged at all. As you can see, filing a Petition under 1203.4 can be complicated. That is why it is essential to contact an experienced attorney to thoroughly explain the process to you. At the Law Office of Christopher Cannon, I can explain to you the rewards of having a conviction expunged. |
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