Criminal Defense in Los Angeles County, California

If you have been arrested or charged with a misdemeanor or felony crime, everything is at stake. You face the single most significant event that can change someone's life. If you believe you are being investigated for a crime, were recently arrested, or were contacted by police, stop what you are doing and get a qualified and experienced criminal defense attorney.

It's vital to refrain from discussing your case with anyone until you've consulted your defense lawyer. Even if you're not under arrest, every word you say can potentially be used against you in court. Contacting our  Los Angeles criminal defense lawyers in Encino, CA, is the most crucial step you can take to safeguard your freedom and ensure a fair trial.

It's important to remember that you don't have to face this situation alone. Waiting to see what unfolds is not a viable option. The best decision you can make to protect yourself and your rights is to enlist the help of a skilled lawyer as soon as possible.

When Do I Enter A Plea In My Criminal Case?

Typically, your first court appearance in the criminal case process is called your arraignment, and the judge will expect a plea. We will enter a not-guilty plea in most cases, regardless of whether the person is innocent or guilty of the alleged offense. We want to have the opportunity to review all the paperwork, sit down, and discuss it before making a strategic decision about what we're going to do.

Sometimes, we may be inclined to plead guilty, but we don't want to plead guilty to the charges we are facing, so we'll approach the prosecutors and try to negotiate for lesser charges. Other times, we don't want to plead guilty at all. We want to fight the case. Then, we will take the case to a jury trial, so we'll enter a not-guilty plea and move the topic to the next phase.

To determine whether a client should plead guilty or not, I will review all the paperwork and get the client's input. I'll talk to the prosecutor and decide whether we need to conduct an investigation. I'll send my investigator out if it makes sense, and then we'll probably be in a position to discuss whether you should take a deal or fight the case.

The primary factor I look at is the client. What do they want to do? Do they want to fight this case? Do they want to risk further potential punishment, or would they prefer me to go in and attempt to negotiate a plea bargain?

If the client committed the crime and we think the prosecution can prove it, we're looking to resolve the case through a plea bargain. If, on the other hand, the client feels they didn't do anything wrong, we're going to push the case to trial and do everything we can to defend them.

If you're innocent, you should never plead guilty under any circumstances. You should put all your resources into defending yourself and ensuring that you've been found not guilty. If, on the other hand, the prosecutors have sufficient evidence to prove your guilt, you should let your criminal defense attorney work out a resolution for you.

We all have a right to fight the case if we are innocent. Even if we can't afford an attorney, we can get a public defender to represent us. Public defenders are court-appointed attorneys who provide legal representation to individuals who cannot afford to hire a private attorney. The greatest travesty of justice is when people make a deal because they feel they cannot afford to fight. If you're innocent, you should fight and be found not guilty.

Can the Prosecutor Drop All Charges Against Me After I'm Arrested?

If you hire an attorney, that attorney can reach out to the prosecutors and try and give them other evidence that the police might not have gathered to consider everything. If they decide not to file the charges, you never get them filed against you.

When your attorney shows up in court, they are informed that the prosecutors have decided not to file charges. Sometimes, they send the case out for further investigation, which means they're not going to file now, but they may file in the future. Other times, they will file charges in court. Your criminal defense attorney will bring forth other evidence that they didn't consider, resulting in a dismissal or reduction of the charges.

What Happens If I Post Bail But Fail To Appear On My Court Date?

Bail allows you to be released from jail so that you can appear in court. If you fail to appear at that time, the judge will typically issue a warrant for your arrest, revoke your bail, and possibly set the bail at a higher amount to ensure your next appearance.

Also, if you posted a bond using a bail bond company, they will be responsible for that bail. If you posted a $50,000 bail, the bond company would lose $50,000 if they don't find you within 180 days. Their bounty hunters will come looking for you and bring you in.

Once a warrant is issued for your arrest, the police have more power over what happens with that warrant and how that particular warrant is going to be executed. If the judge issued a warrant for your arrest, the judge had good reason.

You can bet that the police will arrest you, take you into custody, and try to make sure that you are prosecuted. All the judge does is issue a warrant for your arrest, and then it's up to the police in the San Fernando Valley to go out and try and catch you for that warrant.

California 1050 Motion for a Continuance

The prosecution can force a trial within sixty days unless one side can come up with an argument that they need more time. If they do, they'll file a 1050 motion under that Penal Code. This motion is a formal request to the court to extend the time before the trial. The party filing the motion must show good cause why they need to continue the case. Otherwise, everybody has a right to a speedy trial, and that case will move to trial very quickly.

The reality is that most criminal cases will move in a way that makes sense for both sides. Suppose the defense needs more time to investigate the matter. In that case, they're going to request it, and the prosecutors will agree to typically, as will the judges, unless it becomes ridiculous where there are multiple continuances. Multiple continuances can lead to significant delays in the legal process, and it's just apparent that the defense is trying to stall for time.

Of course, the flip side is also proper. The prosecutors will have a reasonable amount of time to conduct their investigation, gather evidence, and prepare their witnesses for trial, preliminary hearing, or any motions filed. However, the way it works in terms of speedy trial rights is that, let's say, the defendant is ready for trial.

Can My Attorney Arrange For Me To Turn Myself In If A Warrant?

If a bench warrant has been issued, your criminal defense attorney can take you directly to court. That will save you from having to sit in custody, especially if you're going to bail out. The police have a warrant for you that hasn't been presented in court yet, which is a bit more complicated. Typically, arrangements must be made between the police and your attorney to go into the police station, have you booked on the warrant, and then post bail through a bail bond agent.

It all depends on the type of warrant, who issued it, and the circumstances of the case. Your best bet is always to go through an attorney and let your attorney assist you with surrendering the warrant.

Punishment If Found Guilty Rather Than Taking a Plea

The system is set up to work because you're supposed to be offered a plea deal that would be much better than if you took the case to trial and lost. If you have an adamant sentencing judge, you probably want to avoid going to trial if there's a good chance you'll be found guilty.

If the judge is fair and reasonable, maybe you want to take that risk. You should discuss this with your criminal defense attorney before making a decision.

You could also be found guilty during the trial, but the judge may consider some mitigating circumstances in the case, and take them into account, potentially resulting in a more favorable outcome. Generally speaking, if the government has evidence in your criminal case, your best bet is to have your attorney work out a deal and move forward with your life.

Likelihood of Going to Jail if You Have a Criminal Case?

Jail is probably one of the biggest fears criminal defendants have regarding California criminal cases pending against them.  So many ramifications come from being thrown in jail. First of all, you're in a place where you're very restricted.  There's little room, and of course, there's the Coronavirus right now, so you're probably 15 times more likely to get the Coronavirus should you go into custody.

Of course, the next thing is that many people have jobs and families and don't want to go into custody.  They don't want to lose their job. They don't want to be away from their family, and I think maybe the danger is the next, and one of the more essential things.  Many people are jammed in the county jail right now.

There are a lot of people in prison.  Many very dangerous people don't want to take the chance that something terrible could happen to them when they go into custody.

Type of Criminal Case and Prior Record

So, when you start to evaluate the likelihood of going to jail, here are some things you have to look at.

What type of crime are you charged with, such as theft or DUI? He is less likely to harm somebody, which gives you the best chance of not going to jail in Los Angeles County.

If you have committed a more severe crime, however, you are more likely to face jail time. The next thing we look at is your criminal record.

If you have no criminal record, you've never been in trouble before, or you have never had any issues with the law, you are much more likely not to go to jail than those who continue to get in trouble repeatedly. Prosecutors feel they need to put them in jail or prison to teach them a lesson.

Criminal Lawyer Familiar with Prosecutors and Judges

Factor number one in hiring the best criminal defense attorney would be locality. Does that criminal defense attorney regularly practice in the courthouse where your case is pending, and do they have success?

In other words, an insider—someone who knows the court where your case is pending, has dealt with the prosecutors and judges, and understands the power structure within the courthouse—will be best suited to represent you.

When you meet with your attorney, one of the first questions you should ask is... You'll be able to say, 'Okay, what am I looking at?' What am I facing? What's the minimum? What's the maximum? What's my best strategy?

Is there anything I can do to help myself in this particular case? That's really what you should be thinking about in attacking your case step by step. Find an attorney who is local to the court where your case is pending; that will be your best bet for a strategy to achieve the result you need.

A Lawyer with Experience in the Local Court

Factor number two in deciding your criminal defense attorney is experience. That means knowledge of the courthouse and expertise in handling criminal defense cases, as well as the particular case you have.

In other words, what type of criminal offense are you charged with, and does the attorney have extensive experience in that particular type of offense? The only way to determine this is to sit down with the attorney. Ask him questions. Tell him what happened in your case.

Tell him about the good points for you, and even share the bad moments, so they can get a feel for what's going on. So, having an attorney with experience in the exact type of case is crucial to getting the best result in your criminal matter.

Criminal Lawyer Who You Can Relate To

The final point I would consider when deciding on the best criminal defense attorney, after considering locality and experience, is personality. In other words, when you meet that attorney face to face, do you like them? Do they come off well?

Do they look like they know what they're talking about? Do they seem relatable because they will be your champion? They will be your advocate who will appear in front of the judge, communicate with them, speak on your behalf, and represent you. Therefore, it is essential to have an attorney you like, as you want to have a good working relationship with them. You respect the attorney, and you think the attorney knows what they're talking about; the judge and prosecutor are likely to feel the same.

If the attorney is aloof, nasty, or mysterious, you want a different type of attorney. If the attorney doesn't know what they're talking about, is young, inexperienced, and will come across to the judge and the prosecutor.

So, find an attorney you feel comfortable with, who has a good attitude and a good personality — somebody who will relate to the judge and prosecutor positively, because that's going to be your champion. That will give you the best chance of success in your criminal case.

The Hedding Law Firm has been helping clients in Los Angeles County since the 1970s. Our criminal defense attorneys are highly experienced in this area of law. We are well known and respected in the criminal court arena by prosecutors, judges, fellow attorneys, court staff, and the thousands of clients we have assisted.

If you or a loved one has been charged with a crime, please contact our firm today and speak directly with one of our experienced criminal defense attorneys to discuss the best course of action. 

Retain an Experienced Defense Lawyer

The final thing that I would say is essential when looking at whether or not you're going to jail is twofold:

  • You've got to get the best criminal defense attorney;
  • You've got to get somebody who knows how to fight for you.

Somebody like me, who's been doing this for almost 30 years and has had great success with their clients.

Having someone who has the experience and knows what it takes to keep someone out of jail or custody, we look at, for example, right now with the Coronavirus, you have a great chance of not going to jail. The police, prosecutors, and judges only want to put people in jail if they feel they have to. Unless they think it's in society's best interest, and the reason for that is:

Experienced Defense Lawyer in California
  • The jails are overcrowded,
  • The jails are dangerous right now,
  • It's dangerous for the sheriffs who have to deal with people who might be carrying the Coronavirus.

They're having trouble moving people from the county jail to the state prison because when county bodies go into prison society, they tend to infect many other prisoners, and the Coronavirus spreads.

So, right now is probably the best time to avoid jail. Your attorney can help you develop a strong strategy, review your record, assess the allegations against you, and compile a mitigation package, which will increase your chances of avoiding jail time.

Pick up the phone.  Take the first step.  Hire Ron Hedding as your attorney.  I stand at the ready to help you. I stand ready to fight for you, and I stand prepared to do everything possible to keep you out of jail.

Hedding Law Firm is a top-ranked criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208, Encino, CA 91436.

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