Best Criminal Defense Attorneys in Costa Mesa

FAQs

• What is the non-emergency contact number for the local police station in Costa Mesa, California?

  Call the Costa Mesa Police Department at (714) 754-5252 for non-emergency concerns.

• Where can I get a copy of police reports for incidents related to my case in Costa Mesa, California?

  Call the Costa Mesa Police Department Records Bureau at (714) 754-5373 if you require a copy of a police record. Do not make a public records request to obtain a police record.

• What are the laws regarding marijuana in Costa Mesa, CA?

  Marijuana use, purchase, and possession are legal in California except for individuals below 18 years old. If you are aged 18 years and up, it is legal for you to obtain a physician's prescription and use marijuana for medicinal purposes. If you are aged 21 years and up, you can legally purchase products from a marijuana dispensary for recreational purposes. When traveling outside Costa Mesa, note that marijuana remains illegal in federal lands and in other states.

• Is there a chance for your DUI in Costa Mesa to get dismissed even if you failed the breath test?

  Yes, an experienced Costa Mesa criminal defense attorney can investigate and spot circumstances that could get your case dismissed. Some of these circumstances are incorrect calibration of the breath test machine and police errors during the DUI stop and arrest. If there was an error in the machine or the results could have been affected by outside factors, your failed breath test result may become inadmissible as evidence.

• Is it legal for Costa Mesa police officers to break down your door during an arrest?

  Yes, under California Penal Code 844, a costa Mesa police officer holding an active arrest warrant is allowed to break down your house door to implement the arrest. However, the police officer must announce their presence and the warrant for arrest, as well as wait for a certain time to pass before resorting to breaking down the door.

• How long do DUI convictions in Costa Mesa stay on your record?

  Unfortunately, a criminal conviction will stay on your record unless you take steps to have it expunged. Expunging your record will make the DUI untraceable in background checks. However, it will still be visible and will come up if you face criminal charges in the future. Your expunged record will also be counted in California's Three Strikes Rule.

• Will the Costa Mesa court provide you with a free criminal defense attorney if you can't afford one?

  If you can't afford to hire a private criminal defense attorney to represent you in Costa Mesa, you can petition for a court-appointed public defender. The court will evaluate your financial capacity and provide you with a defender if you qualify. Note that public defenders may not have the time and resources that a private attorney or firm can provide for your case.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.