Best Criminal Defense Lawyers in El Monte, CA

FAQs

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

  The non-emergency phone number of the El Monte Police Department is 626-580-2100.

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

  To obtain a copy of an El Monte police report, complete the request form found at https://www.ci.el-monte.ca.us/DocumentCenter/View/2486/Application-for-Release-of-Police-Report-and-Other-Information---Revised-7-02-18-PDF and submit it to the El Monte Police Department, located at 11333 Valley Blvd., El Monte, CA 91731.

• Should you just accept a plea bargain in El Monte?

  If you were charged with a criminal act in El Monte, you may come across the term "plea bargain." Although a plea bargain can lower your charges, it also requires you to plead guilty to the crime in exchange. This means accepting a plea bargain isn’t always fair, especially if you know you’re completely innocent. Your criminal defense lawyer can evaluate any deal for you to make sure it is safe for you to accept.

• What does the Zero Tolerance Law mean in El Monte?

  El Monte follows the Zero Tolerance Law, which is California’s public policy related to underage drinking and driving. This law prohibits anyone under the age of 21 (the legal drinking age) from driving with a blood alcohol concentration (BAC) of .01% or higher. If the young driver is caught by law enforcement officers with a BAC exceeding the threshold, their driving privileges may be suspended for a year. Their license can also be suspended if they refuse to take the preliminary alcohol screening (PAS) test or fail to complete the PAS test.

• Can you avoid a criminal conviction in El Monte if you are mentally ill?

  If you are facing criminal charges in El Monte and have a mental health issue, your criminal defense lawyer might be able to get a mental health diversion for you. This type of diversion allows you to get a dismissal at the end of your case, provided that your legal team can properly demonstrate and establish that your mental issue has something to do with the crime you committed.

• Can a polygraph test help prove a defendant’s innocence in El Monte?

  A polygraph test, more commonly known as the lie detector test, can be a very helpful tool, but most of the time, its results are unreliable. When the test is conducted, it’s carried out in a police-dominated environment, causing anxiety and intimidation to the defendant, even if they’re not guilty of the crime. The amount of stress the defendant is experiencing can affect the result. This is why most criminal defense lawyers don’t recommend their clients take a polygraph test.

• Can you clear your criminal record in El Monte?

  It may be possible for you to remove or expunge your criminal record in El Monte if the crime you committed is eligible for expungement. A criminal defense lawyer can help you determine whether or not you qualify for the process. If the court agrees to your petition for expungement, your conviction will be thrown out and removed from your record and all criminal databases. This will give you a fresh start in life.

• 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.