Best Criminal Defense Attorneys in Mission Viejo

FAQs

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

  The non-emergency contact number for the local police station in Mission Viejo is (949) 770-6011.

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

  You can get a copy of the police report related to your case in Mission Viejo by completing the Request Authorization for Release of Case Information form, which can be downloaded from https://www.ocsheriff.gov/commands-divisions/professional-services-command/records/information-management/report-request. Once accomplished, email your request to reportrequest@ocsheriff.gov. You may also submit a request through fax (714-834-5466), U.S. mail (P.O. Box 449, Santa Ana, CA 92702), or in person (Records Division in Santa Ana.)

• What happens if you get charged with a DUI with a suspended license in Mission Viejo?

  If you get charged with a DUI with a suspended license in Mission Viejo, the prosecutor holding your case will attempt to prove that:

  • you were operating a motor vehicle;
  • you were under the influence of alcohol;
  • you were driving with a suspended license; and
  • you knew that the license was suspended. If found guilty, you may face consequences that include probation of at least three years, a fine of over $2,000, mandatory attendance to an alcohol recovery school, imprisonment up to 180 days, and two points added to your driving record.

• Would a domestic violence conviction in Mission Viejo affect a person’s future employment opportunities?

  Yes, it would, especially if the person with a past domestic violence conviction is pursuing a career in public service. This sector includes jobs like teaching, law enforcement, healthcare, government service, and other roles that entail working with vulnerable demographics. Fortunately, a law effective since 2018 gives convicted people in Mission Viejo a fair chance at securing a job based on competence without being rejected instantly because of their criminal record. The law is called the Fair Chance Act, also known as Ban the Box law.

• How does the Fair Chance Act or Ban the Box Law affect the employment opportunities of convicted people in Mission Viejo?

  The Fair Chance Act gives convicted people in Mission Viejo the opportunity to have gainful employment. The law prohibits public and private employers with five or more employees to:

  • ask about a person’s conviction history during the initial phase of the job application;
  • consider a person’s criminal history before a conditional job offer; and
  • retract a job offer without taking into account the gravity of a conviction, the time that has elapsed since the conviction, and the nature of the job the person is seeking.

• Is selling cannabis in Mission Viejo illegal?

  Yes, it is illegal to sell cannabis in Mission Viejo. In Orange County, only Santa Ana has state-approved dispensaries and recreational shops where adults 21 years and older can buy cannabis products. Recreational consumers can purchase up to 28.5 grams of cannabis flower and no more than eight grams of cannabis concentrate products. On the other hand, medical patients can buy up to 8 ounces of cannabis flower daily.

• How long does a defendant have to file a notice of appeal in a criminal case in Mission Viejo?

  Criminal defendants convicted for felonies in Mission Viejo have 60 days from the judgment date to file a notice of appeal, while criminal defendants convicted for misdemeanors have 30 days. Exceptions can be given if there's proof of mental incompetence or physical incapacity. Failure to do so within the timeframe can result in the loss of the right to appeal.

• 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.