Frequently Asked Questions
Questions about criminal defense?
Why do I need an attorney?
Strictly speaking, you do not need an attorney to represent you in your
criminal case. However, an attorney will likely provide you with a much
stronger chance of success in your case than if you were to face your
charges alone. As criminal cases can often be complex, any lack of knowledge
or familiarity on your part regarding legal proceedings may be a distinct
disadvantage against you.
When should I hire an attorney?
It is recommended that you contact a Ventura criminal defense attorney
when you are being investigated for the possible commission of a criminal
offense, you have been arrested for committing a crime or you have been
formally charged with committing a crime.
What if I am guilty of the crime I have been charged with? Can I still
plead not guilty?
It should not be considered morally wrong for you to plead not guilty
if you are indeed guilty of committing a crime. Looking at it from a legal
perspective, a plea of not guilty is simply a way for you to formally
question the strength of the prosecution's case against you. It is
their duty to prove your guilt beyond a reasonable doubt, and if they
cannot succeed in doing so, then a beneficial outcome for you in your
case is fully deserved. In addition, there may be a stronger chance of
a successful result if the case goes to trial, and that can only happen
when you enter a not guilty plea.
What if I am convicted?
A conviction does not mean that you are out of legal options. If you have
been convicted of a crime, you may be able to withdraw your guilty plea
and make a motion for a new trial, request an appeal, request an expungement
or request a modification of your sentence.
Is it worth fighting a DUI charge?
DUI convictions can be far more damaging than many people realize. They
may leave you with jail time, costly fines, the loss of your license and
a mark on your permanent record that makes the crime open knowledge. This
conviction can be damaging in many ways and it is an issue that may continue
to show itself. There are actually a number of reasons why a charge may
be inaccurate or why it may be harsher than what fits the crime. Defense
options are out there and a Ventura criminal lawyer review your case to
better determine the right option in your situation. I have handled many
DUI cases and I know that the police can be at fault and that my clients
can be wrongfully portrayed as guilty. Speak with me about your case to
see if your charge should be fought.
Are assault and battery the same charge?
These charges may often be used synonymously but there are actually differences
between them. Assault includes an attempt to injure someone but physical
contact does not actually need to have taken place. In a battery charge,
violent or painful contact must have occurred for the charge to be made.
So assault can be charged along with battery, but battery may not always
be charged with assault.
Do all crimes count for the Three Strikes Law?
Not just any crime will be considered grounds for the Three Strikes Law
and due to the reforms made in 2012 the regulations on this have become
fairer than they previously were. The law pertains to more serious crimes
and these will be known to lead to a strike on a criminal record if convicted.
In the past, a third conviction could lead to a strike even if it was
not a serious offense. Today, this has been changed and not just any felony
will lead to the 25 year to life in prison sentence that it used to.
Can I be charged for having drug related items?
Many people are under the illusion that they need to be caught with the
actual drugs to face a crime, but drug paraphernalia can actually be a
crime in itself. Under
California Health and Safety Code section 11364
these crimes can lead to various penalties. Paraphernalia may also be
a factor in a case when it leads officer to suspect that when drug possession
was for the purpose of sale. This may be through baggies, measuring scales
and other items that may be considered an indicator and reason for the
charge to be increased to possession with intent to sell or distribute.
Adam L. Pearlman can provide you with all of the legal options available
to you when convicted of a criminal offense.