What is bail? – In California, every criminal offense carries with it a corresponding dollar amount which, if posted with the court, will allow you to get out of jail while your case is pending. In posting bail, you are ensuring the court that you will return for all future proceedings on your case. Failure to appear will result in the court keeping the money and issuing a warrant for your arrest. It should be noted that, in many cases, a skilled California criminal defense lawyer, can get you released on your own recognizance (an “O.R.”) thereby doing away with the need to post any monies for bail.

What is a felony? – In California, this is any criminal offense that carries a maximum penalty of more than one year in jail. In general, these offenses involve violence and result in great bodily injury or a large monetary loss.

What is a misdemeanor? – In California, this is any criminal offense that carries a maximum penalty of up to one year in the county jail. A misdemeanor is not considered as serious as a felony and carries less severe consequences.

What is preliminary hearing? – In a felony case, this is a hearing in which the prosecutor has to present just enough evidence to the judge to show that you are the individual who committed the crime. This is NOT like a trial and does NOT mean that you are guilty if the judge decides that there is enough evidence for the case to continue. From a defense position, it is the first time opportunity to cross-examine your accuser(s) and poke holes in the case.

What is a “wobler”? – A wobler is a crime that can be charged as either a felony or a misdemeanor.

Should I talk to the police? – No. If you are being investigated for a criminal offense anything you say to the police can and will be used against you. Many people think they can talk their way out of a situation. This is just not the case and you should fight any urge to do so. What most often happens is that your words and statements will be twisted and manipulated in a way that will only serve to hurt you. If the police want to speak to you, immediately contact a California criminal defense lawyer.

Will I go to jail? – The answer to this question all depends on what an individual is charged with and the facts of that particular case. While all misdemeanor and felony are punishable by confinement in jail, there are many matters that realistically will not result in a jail sentence. The most important thing an individual charged with a criminal offense can do is immediately contact a California criminal defense lawyer to evaluate their case for any potential defenses and an honest assessment as to what they can expect to happen.

What is drug diversion? – This is court ordered drug treatment. In California, non-violent drug users have the opportunity to avoid jail sentences and have their cases dismissed through participation in court ordered drug treatment programs such as Differed Entry of Judgment (DEJ) and Prop. 36.

How does DEJ work? Participation in DEJ requires that you plead guilty to charge(s). Sentencing is then delayed for 18 months (which means you will not have a conviction.) You are then required to attend drug education classes for the first six months. Thereafter, if you manage to avoid another arrest or conviction for another crime your case will be dismissed after 18 months.

How does Prop. 36 work? Participation in Prop. 36 requires that you plead guilty to the charge(s) and are thereafter assessed to determine the level of addiction and a course of treatment is tailored to your needs. This treatment can include a number of things including, but not limited to, inpatient drug treatment, sober living, halfway-house, out patient treatment, drug testing, and drug education classes. Successful completion of this program can result in your case being dismissed.