What's the difference between a misdemeanor and a felony?

Under California law, misdemeanors are crimes for which the punishment cannot exceed one year in the county jail (with two exceptions) and a fine of up to $1000 (unless a higher fine is specified for a particular offense) or both. Some of the more common misdemeanors under California criminal law are:

• Disorderly Conduct
• Petty Theft / Shoplifting
• Unlicensed Driver
• Solicitation of Prostitution
• Reckless Driving / Exhibition of Speed
• Trespass

Although a misdemeanor may seem like a relatively minor offense, being convicted of a misdemeanor can have a profound negative effect on someone's life, giving him or her a criminal record. Certain misdemeanors can result in deportation from the United States and denial of re-entry.

 

Felonies are crimes that have more severe penalties than those for misdemeanors. Examples of felonies are murder (homicide), rape, kidnapping, and assault and battery with bodily harm. Prosecutors frequently load the charging document with sentencing enhancements that can add as much as 25 years to life to a charge. The three strikes law is the best known, but not the only example of such a severe sentencing enhancement. Gang involvement or the use of fire arms can turn any case into a life case.

 

There are also "infractions," which carry no jail time but are punishable by a fine; traffic violations are an example.

 

It's in an individual's best interests to have the counsel of an experienced criminal defense attorney when charged with a misdemeanor or felony.

 

If I'm going to plead guilty to a crime, do I still need an attorney?

Yes. Even if you're pleading guilty, a defense attorney will work to get your criminal charge reduced or your sentence minimized. It's not always possible to get such a reduction, but it is certainly worth the effort to try.

 

What is a plea bargain?

The vast majority of criminal charges result in plea bargains. In a plea bargain, the prosecutor and the defense attorney negotiate. The defense attorney's job is to try to persuade the prosecutor to reduce the charge (or charges) to less severe charges, or to dismiss the charges altogether.

 

However, most plea bargains do not result in reduced charges. This is a simple truth that most defense attorneys won't tell prospective clients, but Stephen Varga wants his clients to know the real story, not the hype.

 

There are other reasons to attempt a plea bargain, though. Securing a plea bargain can:

• Take the gamble out of sentencing. When you agree to a plea bargain, you are agreeing to a known punishment, which is much milder than your maximum exposure. How can I tell you, sight unseen, that it is much milder? Because if it wasn't, you would have no incentive to agree to it.
• Save you time. The outcome of your case may be reached much sooner.
• Save you money. You won't need to pay for the costs of a trial.
• Get you out of jail. You may be released from jail as soon as the judge accepts your plea.
• Leave you with a less serious offense on a criminal record. This is particularly important if you get arrested again for a crime. This can also make a crucial difference if you have a professional license to worry about or if you are not a US citizen and you have immigration consequences to consider.

Stephen Varga will tell you in detail what your options are, and what you can expect in a criminal defense situation. He'll help you make the right choices for your future.

 

What role does a  lawyer play in bailing out a criminal defendant?

Everybody has a right to be released on bail unless a few specific exceptions apply.  Defending a case from the outside is always preferable to defending from behind bars.  Many defendants have accepted plea bargains to perfectly defensible charges just because they didn’t have enough money to post bail.  For many people, the bail reduction hearing can be the most important part of the case because it might determine whether they fight the charges or accept a plea bargain.

 

If you even think that you might be arrested, it pays to retain counsel to start preparing for the bail reduction hearing that would follow your arrest, and to start lining up sources of money for bail.

 

If the defendant is bailed out, he or she has to promise to make all future court appearances on time and to obey all laws, and sometimes to other conditions.  If any of those promises are broken, bail is forfeited and, the defendant is remanded into custody.  If the defendant commits a new crime while out on bail, his or her punishment for the new crime will most likely be enhanced for that reason.  If all those promises are kept, the bail is “exonerated,” or returned to whoever paid it.  Naturally, the defendant does not accumulate custody credits while out on bail.

 
To "post bail" means to give some money to the court system. It's a form of insurance for the criminal justice system — the arrested person gets the money back when he or she shows up in court at the appointed time. If he or she doesn't show up, the court keeps the bail and issues a warrant for the person's arrest.

 

There's a standard schedule that sets the bail amount for common crimes. If you can't pay the bail that's been set for you, and if you can't get someone you know to help you out by paying it, there are bail services that will consider your case. If they agree to pay your bail, they'll first arrange a payment schedule for you to reimburse them.