Criminal Defense FAQs
- What are my rights if I have been accused of a crime?
- What should I do if I have been arrested?
- What should I do if I get a call that a loved one has been arrested?
- Why should I hire a criminal defense attorney?
- What types of punishments do I face if convicted of a crime?
Trust us to get you the best outcome possible in your criminal matter
Frequently asked questions about criminal defense law
What are my rights if I have been accused of a crime in California?
If you are accused of a crime, you have certain rights guaranteed by the U.S. Constitution, including:
- The right to avoid self-incrimination
- The right to competent legal representation
- The right to reasonable bail
- The right to a fair and public trial
- The right to be informed of the charges against you
- The right to be confronted with the witnesses against you and to gather witnesses of your own
- The right to a speedy trial
- The right to face your accusers
Under U.S. law, you are presumed innocent until proven guilty. This means the prosecutor has the burden of proving beyond a reasonable doubt that you committed the criminal act. You do not have to do anything or say anything to prove you are innocent.
Trust us to zealously represent you from the very beginning of your case. Contact the firm by calling 714.454.4485, or fill out the contact form and you will be contacted as soon as possible.
What should I do if I have been arrested?
If you have been arrested, you should answer all questions about your identity, such as your name, address, and birth date. Keep in mind that while you have the right to refrain from answering self-incriminating questions, lying is never a good idea. Giving officers a hard time during the arrest process is also not beneficial and makes things tougher on you.
What should I do if I get a call that a loved one has been arrested?
If a loved one has been arrested, it is important to get as much information as possible about the arrest. Write the information down and then call an experienced attorney like attorney Charmaine Druyor. The following information may be helpful:
- Name, birth date and Social Security number of the arrested person
- Crime with which he or she has been charged
- Name of the law enforcement agency that made the arrest
- Location where the arrested person is being held
- Whether bail has been set and, if so, the amount
Why should I hire a criminal defense attorney?
Competent legal representation is so important that the U.S. Constitution guarantees every criminal defendant the right to an attorney. An experienced criminal attorney knows the laws and court customs relevant to your case and can apply this knowledge to protect your rights and freedom. Retaining an attorney that you feel comfortable with and can trust to put your interest first during the duration of the entire case is one of the most important steps you can take.
What type of punishment do I face if convicted of a crime?
Sentencing can vary depending on the location of the case, the crime, the judge, the jury, and other specifics of the case. Punishment for a particular crime may be governed by the federal sentencing guidelines, and the judge does not have a big impact on determining the punishment. In other cases, the sentence is up to the judge’s discretion. In those cases, the judge considers several factors when determining punishment. The most common punishments for a criminal conviction include:
- Jail, prison or other detention facility sentence
- Punitive fines
- Restitution or compensation to the victim
- Community service