There are many risks in criminal defense, some of which most people know about, which relate to having a criminal record and having to move on with your life with a criminal record is tricky because when you apply for a job, your criminal record will be read. People will be evaluating whether you get the job.
Also, for other things such as getting a professional license and housing — there are all risks with having a criminal record if you end up with a conviction if people can run your criminal record, that puts you in a difficult position moving forward.
So, that's one consideration that we always have when we defend a criminal case, and that is ending up with the best result, record-wise, trying to set things up if it's possible so that we can eventually get rid of that record so you can move forward in a position direction.
People should realize that there's no such thing as a true expungement in California. They don't even call it an expungement anymore. So, suppose somebody gets convicted of a crime. In that case, whether it be a misdemeanor or a felony — you're never going to be able to get rid of that conviction ultimately unless you come up with something other than an expungement.
All the expungement does is dismiss the case, meaning somebody looks it up, and they'll find the dismissal on your criminal record. So, the first risk is that you may end up with a criminal record that you can't get off, so obviously, you want to make sure you get the lowest criminal record that you can.
Try to get something if you're charged with a felony that can be reduced to a misdemeanor, and then do whatever is possible to get that case dismissed and leave your record in the best state you possibly can so you can move forward in a powerful positive direction where you're able to get the best result you can.
Avoiding Time in Jail
The reality is, if you've got a crime, there's a good chance that you may not be able to completely get it wiped off your record, so you'll want to do damage control. Another considerable risk that somebody faces when charged with a crime is that they end up in custody.
Like the fear of speaking, people have a horrible fear of going to jail or prison. Another huge thing you need to consider when you're charged with a criminal offense is that you could end up in custody. That's one thing that I'm trying to prevent when I handle these criminal cases — try to figure out a way to keep people out of custody, keep them out of prison, keep them out of county jail.
Legal Defense Strategies
Several different strategies can be utilized. If you've never been to prison before, you have a good chance of staying out. If you have been to jail before and are again with a new offense/crime, you have a much greater chance of going back into custody. So, custody, prison, and county jail are enormous considerations for people. We're thinking about when we get on these criminal cases and what we can do to keep you out of custody and keep your record clean.
But the reality is that if you're charged with a crime, one of the potential consequences is going into custody. So, this is something that we talk about right away. We start making moves right away that make sense as far as keeping you out of custody and making the right moves at the right time.
Probation and Right to Bear Arms
The next consideration when you're charged with a criminal offense is being placed on probation. What that can mean to you moving forward — whether it be your job or your home — a lot of times, people get put on probation, and now the probation department can come into their homes to search them. They can make their lives miserable because they may live with other people and don't want to be searched or subject to search conditions.
Other rights are another reality and risk in a criminal case, meaning your rights can be taken away. For example, your right to bear arms, your right to vote, travel outside of the United States, and your right to travel from state to state. So, if any of these considerations are on your mind, or you have other concerns related to your criminal case, give me a call. Let's sit down and go over everything, and we'll figure out the best strategy moving forward.
Some people may be worried about certain things, while others are worried about others. So, the reality is that you have to figure out what's most important to you and what we can do to get you the best result.