Best Criminal Defense Attorneys in Oakland

FAQs

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

  The non-emergency contact number for the local police station in Oakland is (510) 777-3333.

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

  To get a copy of a police report related to your case in Oakland, you may call the Public Records Request Coordinator at (510) 238-7143. You are not required to identify yourself or disclose your reason for inspecting records, but you must provide additional information when requesting a copy. The cost of the copy is $.50 per page.

• Can you be charged with a crime in Oakland if you are under 18?

  Yes, but if you are charged with a crime in Oakland while under the age of 18, you will go through the juvenile justice system. The difference between the juvenile justice system and the adult court system is that no jury is present. Furthermore, you are not eligible for bail. However, the prosecution may charge you directly in adult court for crimes in a specific offense class.

• What happens next after being arrested on a criminal charge in Oakland?

  You will be taken to jail after being arrested on a criminal charge in Oakland and placed in a holding cell where you will be booked and fingerprinted. Once your bail has been set, you will have the opportunity to contact a bail bondsman. If you do not post bail, you will be taken to court for an initial appearance. It is important to note that when you are in custody, the district attorney has only two to three days to file charges against you.

• What are the penalties for drug charges in Oakland?

  Anyone found in possession of a controlled substance may be sentenced to up to one year in county jail and fined under California Health and Safety Code §11350. This includes both illegal drugs like heroin and cocaine and prescription narcotics obtained without a valid prescription. Repeat offenders face harsher punishments as well.

• Will you get charged for carrying a concealed weapon in public in Oakland?

  You may only carry a concealed firearm in public if you have a valid Carry Concealed Weapon license. CCW permits obtained outside of the state are not honored in Oakland. You can get charged for owning an unregistered assault weapon, using a firearm in restricted areas such as schools and airports, and possessing a firearm without a permit.

• How to get your criminal charge dismissed in Oakland?

  When you are arrested for a criminal offense in Oakland, your attorney may use a variety of defenses to have your charges dismissed. Your charges may be dropped if there is insufficient evidence, a violation of your constitutional rights, or an act of self-defense. Furthermore, if you are found to be under medication that impairs your judgment, resulting in a crime, your charges may be dismissed.

• 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.