Best Criminal Defense Lawyers in Union City, CA

FAQs

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

  The Union City Police Department can be contacted at 510-471-1365 for non-emergency dispatch concerns.

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

  The Union City Police Department has its Records division at the William M. Cann Memorial Civic Center along 34009 Alvarado Niles Road in Union City. Requests may be sent by email or purchased from LexisNexis.

• What are the remedies available to a criminal defendant in Union City if a felony charge has been in the pretrial stage for more than 60 days?

  A criminal defendant who has been arraigned but not tried within 30 days for a misdemeanor and 60 days for a felony could ask for the case's dismissal because of a violation of the right to a speedy trial. This remedy is not available, however, if the prosecution has good cause for the delay, like the incident being very complex or newly discovered evidence deserves greater scrutiny.

• What are the pros and cons of probation in Union City for criminal defendants?

  A key advantage of probation is that it allows a criminal defendant in Union City and the county who has been convicted to avoid jail time and instead live a supervised existence within the community. This could make an individual a prime harassment target for cops, however, and motivate the latter to goad a client into committing a minor misdemeanor to justify a return to jail. The conditions of this provisional release may also be extremely restrictive.

• What are the criminal defense benefits of the expungement of records for an individual in Union City?

  The expungement of records in Union City and the county removes a convict's criminal past by changing the case’s outcome posted on the public record into a dismissal. This works for convictions and is also helpful in case of acquittal. If the suspect is set free because of reasonable doubt and not factual innocence, this is still reflected on official documents and will trip background checks.

• How long do the authorities in Union City have to bring a suspected criminal to court?

  The authorities in Union City must follow the statutory deadlines in California law which impose a one-year time limit within which to file suit for a misdemeanor. For felonies, the period is generally three years from the commission, though more serious incidents like arson have longer timeframes. The most severe wrongdoings such as rape and murder do not have a set deadline.

• Can a criminal defendant in Union City who has just punched another claim a violation of fundamental rights if the cops saw him in the act and then arrest him on the spot?

  No, the criminal defendant in Union City cannot claim that there was a violation of fundamental rights because the cops saw an assault being committed on the spot and the state doesn’t require an arrest warrant if the offense happened right in front of the authorities. The police can also pat the individual down on the spot because the state allows for no-warrant searches after taking a perpetrator into custody.

• 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.