Best Criminal Defense Attorneys in Westminster

FAQs

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

  (714) 548-3212 is the non-emergency contact number for the Westminster Police Department.

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

  Copies of crime and incident reports are available from the Records Division of the Westminster Police Department. People involved in criminal cases can obtain police reports in person or by completing the Request for Release of Police Records form and emailing it to PD-Records@westminster-ca.gov.

• Is possession of marijuana for personal use a misdemeanor or felony in Westminster?

  Possession of marijuana in excess of the legal limit for personal use is a misdemeanor in Westminster. Possession of drugs is a serious crime in Orange County, and the vast majority of drug charges in the county and throughout California are felonies. Under the state’s Health and Safety Code 11357 HS, people age 21 and older are allowed to possess not more than 28.5 grams of marijuana for personal use.

• Do people charged with domestic violence in Westminster require the services of a criminal defense attorney even if the alleged victim admits that they are not the victim of domestic violence?

  Yes, because the prosecutor in Westminster will continue to try to convict the defendant. The prosecutor may call a domestic violence expert to testify at the trial, arguing that retracting a previous allegation is a normal part of victim behavior. False accusations are more common in domestic violence cases than in any other type of criminal offense case.

• When can minors be tried as adults in Westminster?

  A minor 14 years and older can be tried in adult court in Westminster for some serious crimes, such as rape, murder, or kidnapping. They may also face traditional criminal proceedings for robbery with a weapon, drug possession, and escaping from a juvenile detention facility. The severity of the crime also determines the prosecution.

• Can a felony conviction be removed from an offender's criminal record in Westminster?

  Possibly. Generally, felonies are not eligible for expungement, and the rules for removing a felony conviction can be complicated. Some convictions in Westminster and throughout California can be expunged or hidden from offenders' criminal records. Misdemeanors or wobbler offenses that were charged as felonies but could have been misdemeanors are typically eligible for expungement.

• Is it advantageous for criminal defendants in Westminster to accept a plea deal?

  In some cases, offenders in Westminster may benefit from accepting a plea bargain. However, not all criminal charges can be resolved through a plea bargain, and many plea bargains are not designed with the best interests of defenders in mind. Some cases must go to court in order to increase the defendants' chances of success with the assistance of a criminal defense lawyer who can block evidence and handle the prosecution.

• 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.