Best Criminal Defense Attorneys in Merced

FAQs

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

  The non-emergency contact number for the local police station in Merced, California is (209) 385-6905.

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

  You can get a copy of the police report for your case in Merced from the Records Division of the Main Police Station located at 611 W. 22nd Street, Merced. You may contact the Records Division at (209) 385-6912.

• Is it necessary to acquire legal representation in Merced despite your innocence?

  In Merced, it's crucial for all those accused of a crime to secure the services of a skilled defense lawyer. Some innocent people still end up behind bars. To prevent such miscarriages of justice, hiring a criminal defense attorney is highly recommended. Your attorney will work to defend your rights and ensure the truth is upheld throughout the criminal justice process.

• Is it possible to face penalties for only trying to carry out a criminal act in Merced?

  In Merced, attempting to perpetrate a criminal act is considered a crime in its own right. This law enables prompt criminal sanctions against those with criminal intent, even if they fail to succeed. To be convicted for an attempted offense, it must be proven beyond a reasonable doubt that the accused not only intended to commit the crime but also undertook steps beyond planning to carry out the act.

• Is a warrant necessary for Merced police to detain you?

  Typically, police officers in Merced need a warrant before making an arrest. Nevertheless, according to California Vehicle Code 40300.5 and Criminal Code Section 836, police can arrest without a warrant. Specifically, a warrantless arrest is permissible when: (1) a crime is committed in the presence of law enforcement or (2) police officers have probable cause to believe the individual committed the crime, irrespective of whether the crime was done in their presence.

• What rights are available to you after being arrested in Merced?

  In the event of an arrest in Merced, you possess the right to refrain from speaking and the option to seek legal representation. If you're coerced into disclosing information to the authorities without legal counsel, it's considered a violation of your rights. You can invoke your Fifth Amendment privilege and stay silent to prevent self-incrimination. It's recommended that you use this right to protect yourself.

• In Merced, what distinguishes misdemeanors from felonies?

  In Merced, crimes are categorized as misdemeanors or felonies. Misdemeanors are considered less severe, such as drug possession, first-time DUI, and theft of less than $500. On the other hand, felonies are deemed more severe offenses, such as murder, kidnapping, rape, armed robbery, and burglary. This classification system applies to Merced and the whole state of California.

• 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.