Best Criminal Defense Attorneys in Escondido

FAQs

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

  For non-emergency concerns, dial +1 760-839-4722 to reach the Escondido Police Department.

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

  You may obtain a copy of a police report online by completing a request on the official website of the Escondido Police Department, under the Police Records Center: https://policeescondidoca.govqa.us/WEBAPP/_rs/(S(5hjh3d2yvudebuygq0tzn3z0))/RequestLogin.aspx.

• What is the difference between burglary and robbery charges in Escondido?

  Although the two are often used interchangeably, burglary and robbery are two different crimes in Escondido. By definition, burglary refers to the offender entering a residence or an establishment with the intent to commit a felony. Robbery, on the other hand, is the use of force or threats to take someone else’s property from them.

• What does the “three strikes law” in Escondido mean?

  Escondido follows California’s so-called three strikes law, which provides enhanced sentences for repeat offenders. Certain felonies, such as robbery, rape, murder, and arson, are considered “strikes.” If an offender receives a conviction for a second strike, it may result in a double sentence, while a third strike may lead to a life sentence. A person can also receive two or three strikes from a single criminal incident.

• Will you go to jail for committing a drug crime in Escondido?

  Not always. If you were convicted of a drug crime in Escondido, there’s a chance that you wouldn’t have to serve jail time. There are existing drug diversion programs, such as Prop 36 and PC 1000, that provide the option of alternative sentencing to offenders who have been convicted of certain non-violent drug-related crimes. If your case is defended properly, your conviction can even be dismissed in exchange for completing an approved drug treatment program.

• Are you required to take a field sobriety test in Escondido?

  No. You are not required to take a field sobriety test in Escondido and there is no legal penalty waiting on you if you refuse to take a field sobriety test. If you think you might fail the field sobriety test, it would be best not to take it as it would only serve to create more evidence against you.

• Can you remove a conviction from your criminal record in Escondido?

  While you can’t completely get rid of a conviction from your criminal record in Escondido, you might be able to remove or expunge your criminal history if you qualify for the process. Expungement involves petitioning the Court to withdraw your guilty plea and order your case to be dismissed. If approved, your previous conviction will no longer be visible to the general public.

• 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.