Best Criminal Defense Lawyers in Modesto, CA

FAQs

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

  Call the Modesto Police Department at (209) 572-9500 or (209) 552-2470 for non-emergency concerns.

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

  To request a copy of a police report, complete the Police Report Request Form and submit it in person to the Modesto Police Department. The department is open Monday to Friday, 8 a.m. to 5 p.m. You can also mail the completed request form to the department. Enclose a money order or check for the total cost of the report. Report copies cost $0.10 plus tax per page. Before submitting/mailing your request, please call (209) 572-9580 to ask how many pages are in the report you need.

  Police Report Request Form: https://www.modestogov.com/DocumentCenter/View/151/Request-to-Inspect-Records-PDF?bidId=

  Mailing Address: Modesto Police Department 600 10th Street Modesto, CA 95354

• Do you still need a Modesto criminal defense attorney if you plan on pleading guilty?

  Yes! If you enter a guilty plea, the prosecution will proceed, and the prosecutor will attempt to impose the harshest penalties for the crime. A Modesto criminal defense attorney will work to have the charge reduced and the punishments minimized, such as getting you probation rather than jail time. The lawyer might even be able to have all charges dropped.

• What happens if you get arrested for DUI while passing through Modesto, CA?

  If you’re an out-of-state DUI defendant in Modesto, you will have 10 days from the arrest to have a DMV hearing scheduled to get your license back. If not, your license will be automatically suspended for 30 days. Your privilege to legally drive in your home state may also be suspended. It is important that you work with a local criminal defense attorney who understands the complexities and tight deadlines involved in out-of-state DUI.

• How do the California Sentencing Enhancements affect your case in Modesto?

  The California Sentencing Enhancements add a minimum of three years of prison time on top of your initial sentence. The Firearm Enhancement is for when you were armed or used a firearm, or injured someone using the firearm while committing the crime. The Gang Enhancement is if you committed the crime in association with or to benefit a street gang. And, the Three Strikes Rule for when you already have two prior felony convictions.

• Can you talk to the witness and convince them to withdraw from your criminal case in Modesto?

  You must not. According to the California Penal Code Section 136.1, it is a crime to dissuade or intimidate a witness into withholding their testimony. Depending on the circumstances, you can be charged with a felony or misdemeanor for doing this in Modesto. A conviction for dissuading a witness has serious repercussions, including deportation if you're a non-U.S. citizen.

• Can a criminal conviction be expunged in Modesto, CA?

  Under the California Penal Code § 1203.4, yes, it can be expunged. Take note that expungement in California is not the same as in other states. It does not result in your criminal records being wiped out as if the case never happened. Rather, the expungement process allows the Modesto judge to reopen your case, strike your prior conviction, and then dismiss the case. You can say that you were never convicted of the crime.

• 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.