Criminal Defense: Understanding Your Rights as a First-Time Offender
If you have recently been arrested for the first time, you are likely feeling stressed and overwhelmed as you wait for the next steps. Many first-time offenders do not fully understand their legal rights or what to expect during the criminal defense process. California’s criminal justice system is complex, and not understanding your rights or the steps of the process can cause you to make mistakes that affect your case.
Fortunately, a criminal defense lawyer can help you understand your legal rights as a first-time offender. Experienced Santa Rosa criminal defense lawyer Amy Chapman regularly represents first-time offenders facing a wide range of charges, from minor summary offenses to misdemeanors and felonies. Contact the Law Office of Amy Chapman today at 707-636-3207 to discuss your case in a free consultation.
What Should You Do When You’re Arrested?
When you’re arrested, your primary concern should be understanding and exercising your legal rights. There are specific steps you should take to protect yourself during and after the arrest.
Your Right to Remain Silent
The right to remain silent is the most important right you have during an arrest. Under the Fifth Amendment of the U.S. Constitution, anything you say to law enforcement officers can be used against you in court.
You do not have to answer questions or provide information beyond your identification. Law enforcement is required to inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. It is always best to exercise this right and avoid making statements that the prosecution could use against you in a criminal case.
Your Right to an Attorney
You have the right to an attorney throughout the criminal process. This right is guaranteed by the Sixth Amendment of the U.S. Constitution, which states that you are entitled to legal counsel if you are facing criminal charges.
If you cannot afford an attorney, the court will appoint a public defender to represent you. Having an attorney by your side ensures that your rights are upheld and that you are properly advised on how to proceed with your case.
Your Right to Be Informed of Charges
You are entitled to be informed of the charges against you, which is typically done at an arraignment. During this hearing, the judge will formally present the charges and you will have the opportunity to enter a plea. Being fully informed of the accusations allows your lawyer to properly prepare your defense. Under California law, the prosecution must also disclose the evidence they have against you, as this gives you a fair chance to challenge their case.
Steps in the Criminal Process
If you’re facing criminal charges, you may be wondering about the steps in the criminal justice process.
Arraignment and Bail
Once you’re arrested, you’ll typically be taken to court for an arraignment. At this hearing, the charges against you are read, and you’ll enter a plea. Bail may also be set at the arraignment. The judge will determine whether you can be released on bail and will set an amount. California courts try to avoid setting the bail excessively high, especially for first-time time-offenders, unless the offense is a serious felony.
If you’re unable to post bail, you may remain in jail until your next court appearance. However, some cases qualify for a release on your own recognizance, meaning you don’t have to pay bail but must promise to appear in court at a later date. You should consult with your attorney during this process to discuss your options.
Pretrial Motions and Hearings
Before your trial, your attorney may file pretrial motions to challenge the evidence against you or even have the case dismissed. For example, they may argue that certain evidence was illegally obtained through a violation of the Fourth Amendment’s protection against unreasonable searches or seizures. If successful, a pretrial motion may lead to reduced charges or an outright dismissal of the case.
Discovery Process
During discovery, both the prosecution and defense are required to exchange evidence relevant to the case. This process helps ensure that both sides have access to the same information and can prepare accordingly.
According to California Penal Code § 1054, the prosecution is obligated to disclose exculpatory evidence (evidence that could help your defense) as part of the discovery process. If the prosecution fails to comply with discovery rules, they could face penalties and the case could possibly be dismissed.
Negotiating a Plea Deal
Prosecutors may offer a plea deal where you agree to plead guilty in exchange for a lighter sentence, reduced charges, or probation instead of jail time. You should always consult with an attorney before accepting a plea deal. A plea deal is often a good option for a first-time offender, but it’s important to understand the full scope of what you’re agreeing to before making any decisions.
Trial
If a plea deal is not offered or accepted, your case will proceed to trial. Criminal trials typically involve a jury, although you may waive your right to a jury trial and opt for a bench trial where the judge makes the final decision.
Your attorney will present your defense, cross-examine witnesses, and challenge the prosecution’s case. If you’re found guilty, the judge will determine the appropriate sentence based on the severity of the crime and other factors. If you’re acquitted, the charges are dropped and you are free to go.
Appeals
If you are convicted of a crime, you have the right to appeal the conviction. An appeal does not mean that the case will be retried. Instead, the appellate court will review the trial’s legal process to determine if any errors might have affected the fairness of the trial. Common reasons for filing an appeal include improper admission of evidence, incorrect jury instructions, or ineffective legal counsel.
Generally, you have 60 days after the conviction to file an appeal of a felony conviction and 30 days after a conviction for a misdemeanor. Once filed, the appellate court will review the case and decide whether the trial court’s decision should stand, be modified, or be reversed. If the appeal is successful, your case may be remanded for a new trial or the charges may be dismissed.
Why You Should Hire an Experienced Criminal Defense Lawyer
Criminal defense attorneys are well-versed in state-specific laws and understand how to navigate California’s criminal justice system. Regardless of the specific charge you face, you should strongly consider contacting an experienced Santa Rosa criminal defense lawyer. Your lawyer can help you prepare a strategic defense and ensure that your case is handled fairly.
Your attorney will investigate the circumstances surrounding your arrest, examine the evidence, and work with experts (in some cases) to support your defense. Common defenses might include a lack of criminal intent, self-defense, or an unlawful search and seizure. For example, if the police did not have a warrant or probable cause, any evidence obtained might be inadmissible in court. Your attorney will use all available tools to fight the charges against you.
Possible Penalties for First-Time Offenders
Penalties for first-time offenders depend on the severity of the offense. For misdemeanors, penalties may include probation, community service, fines, or up to one year in county jail. However, felony convictions carry much harsher penalties, such as prison time, longer probation periods, and larger fines. First-time offenders may receive more lenient sentencing than repeat offenders, but this largely depends on the type of crime committed.
The consequences of a conviction extend beyond the penalties imposed by the court. A conviction can affect your ability to find employment, housing, and student loans. In some cases, it may also affect your immigration status if you’re a non-citizen. Since even a first-time conviction can limit your future opportunities, you should strongly consider hiring an experienced criminal defense attorney who can work to minimize these risks. Probation or a diversion program may also be options that could allow you to avoid a permanent criminal record.
Expungement and Record-Sealing
After completing your sentence, it’s natural to want to move forward with your life and put the experience behind you. In California, you may apply to have your record cleared. While the term “expungement” is often used in other states, in California, it is more accurately described as a “dismissal” of the case. The court sets aside the verdict and essentially treats the case as if it never happened.
To expunge your criminal record in California, you must meet several criteria. First, you need to have completed all terms of your sentence, including probation, jail, or prison time. While most convictions are eligible, certain serious crimes like sexual offenses may not qualify. Typically, only misdemeanor or non-violent felony crimes qualify.
To initiate the process, you must file a petition with the court where you were convicted. The court will review your petition and set a hearing where you or your attorney will present evidence showing that you deserve to have the charge cleared from your record.
If the court grants the request, the conviction is dismissed and the records are sealed. However, this does not mean that the case is entirely erased from history. Law enforcement agencies and certain government entities may still access the cleared records, and the conviction can still be considered in future criminal cases.
Discuss Your Case With a Santa Rosa Criminal Defense Lawyer
Have you recently been charged with a crime in Sonoma County? The Law Office of Amy Chapman is here to provide you with a skilled and compassionate legal defense. We will evaluate every aspect of your case, build a strong defense strategy, and stand by your side through each step of the criminal justice process. Contact experienced Sonoma County criminal defense lawyer Amy Chapman today at 707-636-3207 to learn more in a free consultation.