Best Criminal Defense Lawyers in Salinas, CA

FAQs

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

  The non-emergency contact number for the Salinas Police Department is (831) 758-7321.

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

  You can get a copy of the police report related to your case by completing the form in their secure portal at https://secure.coplogic.com/rar/en/filing/showdisclaimer?dynparam=1678645091221. For further inquiries, you can contact the Salinas Police Department's Records Unit at (831) 758-7090 (option 2 for Police Services Group).

• What is the three-strikes sentencing law in Salinas?

  Salinas adheres to the state's three-strikes sentencing law, which stipulates that if the defendant was convicted of a serious or violent felony with two or more prior strikes, they will be penalized with a prison term of at least 25 years to life. The law also imposes that a defendant who is currently serving a third-strike sentence can petition the court to reduce their term to a second-strike sentence if they are eligible.

• What should you do when you are stopped by the police while driving in Salinas?

  Some of the things to do when being stopped by the police while driving in Salinas are as follows:

  • Be polite. The police officer is most likely recording the stop and will report the behavior of the driver
  • Prepare for a DUI stop. The driver can roll the windows down to reduce the scent of alcohol in the car
  • Politely decline to answer questions
  • Undergo field sobriety or specimen test (these tests may be declined)
  • Contact a criminal defense lawyer

• What are the preferential treatment programs for misdemeanor and felony cases involving veterans in Salinas?

  In Salinas, eligible veterans or current servicemen may enter a pretrial diversion program, for a duration not to exceed two years, in lieu of suffering a criminal conviction. Successful completion will result in the dismissal of criminal charges, otherwise, the charges will be reinstated. For felony cases, the defendant may be granted probation if they are proven to be suffering from TBI, PTSD, substance abuse, sexual trauma, or mental health problems as a result of their service.

• What are the penalties for a hit-and-run offense in Salinas?

  The penalties for hit-and-run offenses in Salinas are as follows:

  • Resulted in property damage only: classified as misdemeanor (up to 180 days in county jail, six months of license suspension, and $1,000 in fines)
  • Resulted in injury: may be charged as a misdemeanor (up to one year in county jail and $5,000 in fines) or felony (two to four years in state prison and up to $25,000 in fines)
  • Resulted in death: classified as a felony punishable by 4-10 years in state prison and up to $25,000 in fines

• What is the statute of limitations for criminal offenses in Salinas?

  The general statute of limitations for criminal offenses in Salinas is one year for misdemeanors and three years for felonies. The deadline will vary depending on the severity of the crime. If a felony is punishable by eight or more years in prison, the limit becomes six years. These include firs-degree robbery and arson. Violent felony offenses, such as murder, rape, and kidnapping, have no statute of limitations.

• 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.