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Misdemeanor Criminal Defense

Los Angeles Misdemeanor Attorney 

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If you have been charged with a misdemeanor the crime is very serious and can lead to serious fines and possible prison time.  Typically misdemeanors can carry a maximum jail sentence of up to 6 months.

Misdemeanors Our Criminal Law Firm Defends:

  • Assault and Battery (PC 240 & 242)
  • Disorderly Conduct (647)
  • Disturbing the Peace (PC 415)
  • Driving With a Suspended License (PC 14601.1(a))
  • Drug Possession
  • DWI/DUI (VC 23152(a) 23152(b))
  • Indecent Exposure (PC 314)
  • Petty Theft (PC 484(a) & 488)
  • Probation Violations
  • Public Intoxication (647(f)
  • Receiving Stolen Property (PC 496)
  • Reckless Driving (PC 23103)
  • Shoplifting (459.5)
  • Solicitation of Prostitution (PC 647(b))
  • Trespassing (PC 602)

 

If you or a loved one has been charged with any of the following misdemeanor crimes you should consult with a licensed Los Angles attorney who specializes in criminal defense. Our law firms criminal defense attorneys have years of experience  defending misdemeanor cases and our service has helped thousands avoid lengthy fines and prison time.  Being convicted of a misdemeanor will also show on your background check, further damaging your chances on jobs and applications you apply for whether its employment, housing, etc.  By hiring our Los Angeles criminal defense law firm to defend you against your misdemeanor we’ll advise  you on your best options and how to approach your case for the very best outcome. We understand mistakes happen, or you could be wrongfully charged with a crime. We fully comprehend the law to work in your best interest for the best possible outcome.  There are many options available to protect you from jail time and expensive fines.  Our experienced  attorney’s  may also appear for you in most cases without you being required to attend your trial.

Stages of a Misdemeanor Cases:

If a misdemeanor case has been filed against you, you will experience the following for your case:

  1. Arraignment

The arraignment is when the defendant or their attorney will come to court first.  The City Attorney or District Attorney will give what evidence they have against you.  The defendant may enter a plea at this stage of guilty, no contest or not guilty.

If the defendant enters a guilty or no contest plea, the judge will find them guilty and then sentence the defendant.

If the defendant enters a not guilty plea, the case will go to the pre-trial stage.

  1. Pre-Trial

At the pre-trial stage, both sides will exchange discovery.   Your attorney may make motions to exclude evidence that the prosecution wishes to use against you.  You may also change your plea at this stage to get more favorable sentencing before going to trial.

  1. Trial

At trial the defendant accused of a misdemeanor has the right to have 12 members of a jury hear their case and decide if they are guilty.  Sometimes cases are heard without a jury and a judge will decide their case.  The prosecutor must prove the case against a defendant beyond a reasonable doubt in order for the defendant to be found guilty of the crime they are charged with.  If motions made at the pre-trial phase to exclude evidence were successful, the prosecutor will be barred from using that evidence at trial.

 

Do’s and Don’ts of Any Misdemeanor:

Police officers can be very intimidating.  Many times, innocent people are coerced into giving up their constitutional rights and incriminate themselves or consent to searches.

The most important thing to remember when facing off with a police officer is that they can legally lie to you.  They are trained to collect evidence that can be used against you in court.  With that in mind, follow these tips…

If a police officer is questioning you about a crime:

  1. You may ask them if you are free to leave, if they say yes, leave. If they say no, ask them why you are not free to leave.
  2. If they ask you a question, tell them that you are exercising your right to remain silent. A police officer can never arrest you for not answering their questions. (i.e. if an officer stops you and asks you “How drunk are you on a scale of 1-10” tell them that you are exercising your right to remain silent” This question is designed to incriminate yourself because the only answers you can give are incriminating.  Even if you say 1, you are admitting that you are driving under the influence.
  3. If a police officer asks to search you or your car, say that you do NOT consent to any searches. Consenting to a search is never a good idea, it will not make them go easier on you.

NEVER…

  1. Argue with a police officer, or yell at them.
  2. Run away from an officer or resist a search, even if it is an illegal search.
  3. Lie, instead of lying, tell them you are exercising your right to remain silent.

If you are pulled over while driving…

Give the officer your license, registration and insurance if asked.

If the officer asks to search your car, state that you do not consent to a search.

If you are given a ticket, sign it.  By signing it you are not admitting guilt, you are just promising to appear at court.  If you do not sign it, the officer will probably take you to jail.

If you are pulled over for DUI, you legally must do the chemical test.  You DO NOT have to do the field sobriety tests (walking in a line, counting backwards, etc).  The chemical test is either blood, breath or urine.   Never do the field sobriety tests, even people who are not intoxicated will fail them.  If you refuse the chemical test, you can create more legal problems.

 

Have You or a Loved One Been Charged with a Misdemeanor? Call the Law Office of Jason Robert Smith 24/7 Today for a Free Consultation.