Best Criminal Defense Attorneys in Milpitas

FAQs

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

  408-586-2400 is the non-emergency line for the Milpitas Police Department.

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

  To schedule an appointment and obtain a copy of the police report, contact the Records Department at (408) 586-2400. It is mandatory to visit the Milpitas Police Department in person during the registration hours, which are Monday through Friday from 10:00 a.m. to 4:00 p.m. You need to provide government-issued photo identification or a valid driver's license as a requirement.

• Can the police arrest a person without a warrant in Milpitas?

  Yes. In Milpitas, the police can make an arrest without a warrant in certain situations. In accordance with Criminal Code Section 836 and California Vehicle Code 40300.5, police may make an arrest without a warrant if the crime was committed in their presence or if they have reason to think that the person committed a felony, whether or not it was committed in their presence.

• Are repeat offenders subject to more severe punishment in Milpitas?

  Yes, under California's Three Strikes sentencing law, repeat offenders can face harsher penalties. Defendants convicted of a serious and violent felony with two or more prior strikes in Milpitas can be sentenced to 25 years to life. Even for a second offense under this law, increased penalties are assessed, even if they have not yet accrued three strikes.

• How can a criminal record affect your career opportunities in Milpitas?

  In California, including Milpitas, employers have the right to access your criminal history (except for expungements, juvenile court records, or diversion programs), which could negatively impact your career prospects. If you're worried about how your criminal record can affect your life and career opportunities, it's essential to consult a criminal defense attorney who can guide you in understanding your options for clearing your record.

• What types of behaviors can be considered domestic violence in Milpitas?

  Domestic violence in California can include physical abuse, verbal abuse, sex crimes, and controlling an intimate partner's finances to the point where they are no longer independent. If you are facing charges related to domestic violence in Milpitas, it is important to understand that these can encompass a range of offenses. Hiring a criminal defense lawyer can help you build a strong defense and protect your rights in court.

• What is the process for clearing a criminal record in Milpitas?

  To have your criminal record expunged in Milpitas, you must meet certain requirements. According to California Penal Code 1203.4, you must have successfully completed your term of probation, not currently be under probation, charged with a crime, or serving a sentence. Individuals who have committed sex crimes with children as stated under the Penal Code 288, including sodomy, oral copulation, sexual intercourse with a minor under 16 years of age, and any other type of lewd action, are not eligible for expungement in 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.