Best Criminal Defense Lawyers in Carlsbad, CA

FAQs

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

  The non-emergency phone number of the Carlsbad Police Department is 760-931-2197.

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

  For assistance in getting a copy of a police report in Carlsbad, call the City Records division at 442-339-2808 or send an email to clerk@carlsbadca.gov. For more information about accessing public records online, visit https://www.carlsbadca.gov/city-hall/clerk-services/city-records.

• Will you be charged or convicted of a crime if you get arrested in Carlsbad?

  It depends. If you were arrested for a crime in Carlsbad, it does not necessarily mean that you will be charged with or convicted of that crime. However, law enforcement officers and prosecution will exhaust any means to make sure that you are charged and convicted. This is why it would be wise of you to enlist the help of an experienced criminal defense attorney to represent you and protect your legal rights.

• How can a Carlsbad criminal defense lawyer help you?

  Hiring a criminal defense lawyer in Carlsbad to help your case comes with many benefits. Criminal defense lawyers are trained to uncover the unique elements of criminal cases to build a case that can potentially reduce or dismiss your charges. With their extensive knowledge of the criminal justice system, they can also help you understand the legal process while providing you with emotional support throughout your ordeal.

• What will happen if you’re a first-time DUI offender in Carlsbad?

  Carlsbad takes driving under the influence very seriously, so much so that even if it’s just your first time getting a DUI, you may lose your license, face serious fines, and spend up to 48 hours in jail. You may also be required to attend an alcohol treatment program, which can cost up to $500 and last for up to 180 days. If you were put on probation for three years or longer and you were caught drinking and driving or breaking any other laws, you may face more penalties with no trial.

• Is it illegal to grow marijuana in Carlsbad?

  While carrying personal amounts of marijuana (up to one ounce) is considered legal in Carlsbad and the rest of California state, the private cultivation, transportation, and sale of the drug are still illegal. If you were charged of cultivating more than six cannabis plants, you may face serious criminal charges, as well as jail time and hefty fines.

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

  a misdemeanor or a felony from your criminal record in Carlsbad. This process involves petitioning the state court where your conviction took place to reopen the case, set aside your guilty plea, your Nolo contendere (no contest) plea, or factual finding of guilt, and set aside the conviction and dismiss the case. If your expungement petition is granted, you will no longer be convicted of the crime and your previous conviction will no longer be visible to the public.

• 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.