When to Obtain Professional Legal Help
Facing up to a charge or finding a means to lessen it is costly but significant work. That’s the dilemma of all persons facing a first time arrest or a second time arrest, after that the options dwindle. Consider the impact of the arrest and charges on your record and how it may impact your future job(s), any contracts or specialized organizations you are involved with, any official licenses you may someday seek. There are certain positions you cannot hold if you have a felony arrest on your record, and items on your record can prevent you from owning certain types of businesses, or being a member of certain organizations that might be instrumental in endorsing you for a position. It’s advised that anyone arrested request a public defender or retain an attorney (or legal team within a law practice) for representation.
Extrapolation of your rights when presented during ANY ARREST:
You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
Knowing and understanding your rights as I (we) have explained them to you, are you willing to answer questions without an attorney present?
If in any way you feel that you are not guilty of the charges for which you are arrested or don’t understand any part of the script above, your answer to the final question should be a resounding NO!
Remember that during the process of “due-process” you may be subject to terms and conventions that you have never encountered before. The legal system in California or anywhere else has many trenches and an equal amount of peaks that must be negotiated. You are provided the right to an attorney for your representation in any legal case, and you have the option of a PD (Public Defender) if you cannot afford a private attorney.
By saying “No” you are stating that you want legal representation through the process ahead … arraignment, hearings, court … and you can transfer this power from public to private with a few select forms.
The word afford is often in question, but has clear ramifications later in the processing of your case. What is the price of verifying that all the details of your arrest and record are sealed or properly disposed? What is the price of release on probation or monitoring versus spending more time in a jail cell? What is the long-range career price of having any arrest on your personal record? This is not to say that one legal entity is superior to another but that money talks and BS walks – do you follow? If you have ambition in any field beyond vagrancy or day labor, you might want to pay attention to the rest of this article.
Public Defender vs Private Attorney
Let’s take the simplest case example that 99% of the world’s population has committed at some time in their lives: relieving themselves in a public space.
Were we all guilty of this at least once in our lives?
Depending on the where, when, and how one is caught doing this will dictate the charges. Technically, this is defined under California Penal Code 647, with accents on other codes if the conditions for relief are inappropriate. What are possible charges and fines associated with this type of offense that warrants arrest? :
Littering – posted by an individual city, misdemeanor, fines range from $50 - $500
Disorderly Conduct – Penal Code 647, 6 months in jail and fines beginning at $1000
Public Intoxication* – Penal Code 647f, 314(1)-(2), 290, 6 months or more in jail, fines up to $1000
Lewd Conduct* - Penal Code 647a, misdemeanor, 288(a) a minor is witness/involved is a felony with 3, 6, or 8 years in jail
Indecent Exposure* – Penal Code 314pc, as misdemeanor up to 1 year in jail and fine of $1000, as a felony with 2-3 years in jail and a maximum $10,000 fine
Charges marked with an asterisk indicate that the felony level of the offense carries the possibility of “sex offender” status and all associated restrictions and recordings associated with such.
For a First Offense any legal help Public or Private may have the charge knocked down to the lowest possible charge (misdemeanor) unless it took place along the edge of a public school (during operating hours) or another indiscreet location. In most cases, your chances are good to have the charge dropped to the lowest civil or traffic misdemeanor. You may receive probation, a fine, and the ability to have the record expunged after an appropriate time has passed.
If you pay for the representation, that retainer fee encompasses the whole case, meaning that they will complete the process and ensure that your personal records reflect the changes in the charges. The difference is that the Public Defenders and their resources process so many cases, that they may not be willing to dedicate the time or service level that you get when you have paid for the service privately. If you want the status and outcome and the reassurance that it is complete, pay for an attorney.
THINK BEFORE YOU ANSWER!
In the case of a more controversial charge, like DUI with a borderline BAC (less than .08%) a plea of Nolo contendere may be an acceptable plea to bargain down to a “wet reckless” violation. That indicates that it’s a reckless driving charge that involved alcohol. There can’t be any property damage or injury involved, and this is not something that the community at large (as represented by the courts) like to consider. Again the difference is your status as an offender (this is usually reserved for first-timers only) and your ability to produce a private attorney suggests that you have resources worth protecting (so you will not probably offend again). A Public Defender might not consider this plea option unless BAC or Blood Cannabis Content (future test to be determined) is proven below the legal limit.
If you do in fact decide to enter a plea of guilty, make sure that you request a treatment program or work referral program so that you can serve your sentence and maintain your current work. Private law firms will take credit cards and payments OAC.
Lawyers … can’t live with them … can’t live without them.
