Question 1

What is the difference between being arrested and being charged?

Accepted Answer

An arrest is a law enforcement action. Charges are filed by a prosecutor who reviews the reports and decides whether and what to file. Some people are arrested and never charged; others are charged without ever having been arrested.

Question 2

How do I find out what I'm actually charged with?

Accepted Answer

The charging document filed by the prosecutor states the specific counts. Until it is filed, what you were told at arrest is only what officers recommended. An attorney can obtain and explain the actual charges.

Question 3

Could I go to jail?

Accepted Answer

Custody exposure depends on the specific charge, the alleged facts, your record, and how the case resolves. Anyone who tells you the answer before reviewing the case is guessing. That analysis is part of a consultation.

Question 4

What happens at my first court date?

Accepted Answer

The first appearance is usually the arraignment, where charges are formally presented, a plea is typically entered, and the court addresses release conditions and future dates. It is generally not where the facts are argued.

Question 5

Should I talk to the police?

Accepted Answer

Not before speaking with an attorney. You generally have the right to decline to answer questions and to have counsel involved. Statements made without advice frequently become the strongest evidence in a case.

Question 6

Does asking for a lawyer make me look guilty?

Accepted Answer

No. Asserting a constitutional right is not evidence of guilt, and investigators encounter it routinely.

Question 7

I already gave a statement. Is it too late?

Accepted Answer

No. What was said, how it was obtained, and whether it was recorded can all be reviewed, and there is usually still meaningful work to do.

Question 8

What is discovery?

Accepted Answer

Discovery is the evidence the prosecution must provide: reports, recordings, photographs, lab results, body-worn camera footage, and more. Obtaining and analyzing it is the foundation of the defense.

Question 9

Can criminal charges be dismissed?

Accepted Answer

Cases are sometimes dismissed or resolved on reduced terms — because of evidentiary problems, legal issues with how evidence was obtained, witness problems, or new information. No attorney can promise that result at the outset.

Question 10

Will my case go to trial?

Accepted Answer

Most criminal cases resolve before trial. That said, cases tend to be best positioned when they are prepared as though trial is possible, because preparation is what creates options.

Question 11

How long will my case take?

Accepted Answer

It varies significantly. Some misdemeanors resolve in a few appearances; felony cases frequently take months. Complexity, court calendars, and litigated issues all affect the timeline.

Question 12

What happens to my driver's license after a DUI?

Accepted Answer

A DUI arrest generally starts a DMV process concerning the driving privilege that is separate from the court case and has its own short deadline for requesting a hearing. That deadline is one of the most time-sensitive parts of a DUI.

Question 13

What should I do about an outstanding warrant?

Accepted Answer

Address it deliberately rather than waiting. Counsel can usually determine what the warrant is for, review the underlying case, and plan how it is handled in court — generally preferable to an unexpected arrest.

Question 14

Can I clear my criminal record?

Accepted Answer

California provides post-conviction relief in some circumstances, depending on the offense, the sentence, and how the case concluded. Eligibility is specific and should be evaluated against the actual record.

Question 15

How much does a criminal defense attorney cost?

Accepted Answer

Fees depend on the charge, the complexity of the evidence, and how far the case is likely to go. Diego Defense discusses fees directly during the consultation, before you commit to anything.

Question 16

What should I bring to a consultation?

Accepted Answer

Anything you have: citations, booking paperwork, bail paperwork, protective orders, court dates, and the names of anyone who witnessed the events. If you have nothing, come anyway.

Question 17

Is the consultation confidential?

Accepted Answer

Communications with an attorney for the purpose of seeking legal advice are generally protected. Please avoid sending detailed or sensitive information through a web form before a relationship is established.

Straight answers to the questions people actually ask.

Arrest and charges

Talking to police

The process and the evidence

DUI, warrants, and records

Working with the firm

Looking for something specific to your case?

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