December 21, 2018 2:27 pm Published by

There are many risks when it comes to 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 obviously difficult, because when you apply for a job your criminal record will be read and people will be evaluating whether you get the job.  Also, for other things such as getting a professional license and housing — these are all risks that go along with having a criminal record, because if you end up with a conviction, if people have the ability to 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.

No True Expungement in California

People should realize that there’s no such thing as a true expungement in California.  In fact, they don’t even call it an expungement anymore.  So, if somebody gets convicted of a crime — whether it be a misdemeanor or a felony — you’re never going to be able to get rid of that conviction completely 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 some sort of 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 huge risk that somebody faces when they are charged with a crime is that they end up in custody.  Just like the fear of speaking, people have a horrible fear of going to jail or prison.  That’s 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 obviously 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

There’s a number of different strategies that can be utilized.  Obviously, if you’ve never been to prison before then you have a good chance of staying out.  If you have been to prison before and now here you are again with a new offense/crime, then you have a much greater chance to go back into custody.  So, custody, prison, county jail — these are all huge considerations for people and something that 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 some sort of probation and what that can mean to you moving forward — whether it be your job, whether it be your home — a lot of times people get put on probation and now the probation department is able to come into their home to search them and they can make their life miserable because they may be living with other people and they don’t want to be searched or subject to search conditions.

Other rights is another reality and risk that can happen in a criminal case, meaning your rights can be taken away.  For example, your right to bear arms, you right to vote, your right to travel outside of the United States, 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 other people are worried about other things.  So, the real 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. We specialize in defending clients in the San Fernando Court and the Van Nuys Courthouse.

Hedding Law Firm
San Fernando and Van Nuys Criminal Attorneys
16000 Ventura Blvd #1208
Encino, CA 91436
213-542-0940

Related Resources:
Cleaning Your Record

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