Best Criminal Defense Attorneys in San Mateo

FAQs

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

  650-522-7700 is the non-emergency contact details of the San Mateo police station.

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

  Incident reports, including traffic-related offenses, can be obtained by calling 650-522-7710 to schedule an appointment with the San Mateo police department, located at 200 Franklin Parkway San Mateo, CA 94403. To avail digital copies, please visit https://www.cityofsanmateo.org/4222/Obtain-a-Police-Report

• What are the potential defenses for criminal charges in San Mateo?

  People in San Mateo cannot be found guilty of a crime if they were unconscious when they committed the act, particularly when they were seriously injured or sleepwalking. Proof beyond a reasonable doubt is another tactic when a prosecutor must prove each element of a criminal violation. In San Mateo, all police searches and seizures must be carried out by a valid warrant or legal exemption, therefore illegal search and seizure may also be used as a defense in criminal prosecutions.

• What are the penalties for domestic violence charges in San Mateo?

  Domestic violence restraining order violators in San Mateo may be sentenced to three years in prison or more, a lifelong prohibition against owning guns, probation, and attendance at a 52-week batterer's intervention program and anger management class. The use of a weapon, the presence of injuries and their severity, and whether a misdemeanor or felony charge is filed determine the severity of the sentence in domestic violence cases.

• Are San Mateo criminal attorneys needed before a charge has been filed?

  Yes. Those in San Mateo who have been under investigation by the police but have not yet been charged should still hire a criminal lawyer because counsel, before official criminal charges are filed, is crucial since their actions may later have an impact on their case. Additionally, San Mateo criminal lawyers make contact with law enforcement on their behalf, deal with media inquiries, and make sure that crucial pieces of evidence, such as witness statements and surveillance footage, are preserved before charges are filed.

• What are felony charges in San Mateo?

  Domestic violence, sex crimes, charges involving weapons, gang-related matters, and burglary are all felonies in San Mateo. In comparison to misdemeanor charges, felonies are more serious that result in harsher penalties, ranging from county jail time to life in prison. In San Mateo, a felony conviction may have an impact on a person's right to vote, professional opportunities, weapon ownership eligibility, and driving permission. Strikes are significant felonies with lifelong repercussions that include attempted murder, grand theft with a weapon, and arson in California.

• In San Mateo, what is a crime against public peace and what is the punishment for it?

  Infraction or misdemeanor charges for disturbing the peace in San Mateo carry a maximum fine of $400 and a possible sentence of 90 days in prison. According to California Penal Code 415, crimes against the public peace include creating loud noises on purpose to annoy people and using highly offensive language, such as racial epithets, in public to provoke a violent response.

• 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.