Best Criminal Defense Attorneys in Santa Rosa

FAQs

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

  The non-emergency phone number for the Santa Rosa, California police department is (707) 528-5222.

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

  In Santa Rosa, California, you can receive a copy of a police report for incidents relating to your case by mail or in person. Print the Report Request Form, fill it out, and either send it in with a $2 payment or turn it in to the Records Counter Monday through Friday between 9:00 a.m. and 4:00 p.m.

• What types of cases do Santa Rosa criminal defense attorneys handle?

  DUI, assault, homicide, kidnapping, and domestic violence are some of the cases Santa Rosa criminal defense attorneys deal with. They also handle cases involving traffic violations, expungements, drug charges, and theft crimes. Criminal defense lawyers provides legal counsel and representation and fights for the freedom and the future of persons accused of criminal acts.

• What is the criminal statute of limitations in Santa Rosa, California?

  Santa Rosa, California has a one-year statute of limitations for misdemeanors and a three-year statute of limitations for felonies. For the most serious offenses, including rape and murder, there is no statute of limitations. California has a three-year statute of limitations for the prosecution of misdemeanor child molestation charges (647.6 PC). In addition, the California statute of limitations for sexual exploitation by a therapist or physician under section 729 PC is two years.

• Should you reveal everything to your Santa Rosa criminal defense attorney?

  Clients should be honest with their criminal defense attorneys and trust that they are advocating for them. Whether or not a client admits guilt, an attorney has an ethical obligation to act in their best interests. It is critical that you tell your lawyer the truth and disclose any relevant facts. Your case may be jeopardized if you withhold information from your lawyer.

• What is the role of a Santa Rosa criminal defense lawyer?

  In general, a Santa Rosa criminal defense lawyer will work in your best interests to have your case dismissed by the courts through negotiation, mediation, and arbitration with an unbiased third-party judge. Criminal charges may be pursued in court or not. If you are convicted, criminal defense attorneys will work to reduce your sentence and will inform you of your legal options.

• What are the most common types of criminal defense offered to defendants in Santa Rosa?

  In Santa Rosa, California, common defenses in a criminal trial include innocence, self-defense, and insanity. When the Constitution is violated, the charges are frequently dropped entirely or the prosecution agrees to a specific plea bargain for a less severe penalty. Common constitutional violations include failing to read the Miranda warning to the defendant during the arrest, unlawfully searching for and seizing evidence from the defendant's home or vehicle, failing to obtain a warrant, breaking the chain of custody on the collected evidence, and obtaining a coerced confession.

• 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.