Best Criminal Defense Attorneys in Upland

FAQs

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

  For non-emergencies, you may call the Upland Police Department at 909-982-1331.

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

  You may obtain a copy of a police report from the Records Bureau of the Upland Police Department at 1499 W. 13th Street, Upland, CA 91786, open Mondays through Fridays from 8:00 a.m. to 5:00 p.m. For more information, you may visit https://www.uplandca.gov/police-records.

• Can you represent yourself in an Upland criminal case?

  You can represent yourself in an Upland criminal case, but the outcome can be disastrous. Representing yourself before the court is a major risk, as the law can be harsh and unforgiving towards alleged criminal offenders. Without proper legal defense against the prosecution, which a criminal defense attorney can provide, you will likely end up with the maximum sentence.

• Should you give your consent if the police ask to search your Upland home?

  Under no circumstances should you give the police your permission to search your home in Upland. Law enforcement officials may pressure you into letting them into your home by threatening to detain you, but you are not obligated to permit them. Ultimately, unless the police have a warrant or your verbal consent, they are not allowed to enter your house. If they break in without consent or probable cause and find incriminating evidence against you, whatever they find will be inadmissible as evidence.

• What is bail and how do you post it in Upland?

  Bail is money that some criminal defendants are required to deposit as a guarantee that they will return to court if released from jail while their cases are pending. If you are qualified to post bail in Upland, you may post it at the Sheriff’s Department with cash, a cashier’s check, or through a bail bond, a legal contract requiring you to pay money if you fail to return to court. Your own assets, such as real estate, savings, or valuable personal property, guarantee your bond.

• Can you appeal the court’s decision if you feel you got an unfair sentence in Upland?

  If you were convicted of a crime in Upland, you might be eligible to appeal the trial court’s decision if there was a legal error made in the handling of your original case and that error affected your case’s outcome. Appealing may result in your conviction being overturned, a new trial being ordered, or an adjustment being made to an unfair sentence. An experienced criminal defense attorney can help you with appealing your case.

• Can you remove a conviction from your criminal record in Upland?

  Removing a conviction from your Upland criminal record through an expungement petition is possible. However, not all convictions can be expunged. Serious offenses like murder, rape, arson, and sex offenses involving children can never be expunged. You may seek expungement for a misdemeanor or a felony reduced to a misdemeanor only after you have completed your probation.

• 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.