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Frequently Asked Questions

Presented by a Burbank Criminal Defense Attorney

What happens after I have been arrested?

Law enforcement write reports about the crime, get witness statements, run a background check on you, and do further investigation. They then submit their work to an investigating detective. Often, this is the most propitious time for a Burbank criminal defense lawyer at our firm to make a dramatic impact in a Pre-Filing Intervention, as the police usually know very little about you. The written investigation is then brought to the District Attorney's Office where a prosecutor will review the case to determine whether criminal charges - a misdemeanor or a felony - are warranted. The prosecutor may reject the case for criminal prosecution, file a misdemeanor, or file a felony charge.

What do I do about bail?

Bail is financial assurance that you will return to court after you have been released from custody. Two ways to post bail exist.

First, "cash" bail can be posted with the custodial agency to cover the entire bail amount. At the end of the case, if bail is exonerated, you will receive a check for the entire amount posted (takes about 8-10 weeks).

Second, a "bond" through a bail company may be posted. You will pay about 10% of the entire amount to a bail company, which puts up the entire bail amount through a bond. This initial premium payment is not returned to you after the case ends.

Will the case against me be dismissed if the complaining party wants to drop the charges?

Not necessarily. There could be various reasons why the alleged victim or reporting party may wish to drop charges. The report of a crime may have been false or inaccurate or the person may be afraid to proceed with a prosecution. Law enforcement and the prosecutor's office are aware of such reasons, and will not just "drop charges" especially in domestic violence cases. They try to get at the reasons for the change of heart of the part of the reporting party.

What is an arraignment?

An arraignment is the initial court proceeding where you as the defendant are advised of the charges and where you usually enter a "Not Guilty" plea. It is not a trial. Witnesses are not called forward to testify. At the arraignment, your Burbank criminal defense lawyer will be given the opportunity to obtain the police reports, the criminal complaint, and set a preliminary hearing date.

If I have been arrested in a DUI, what's the first thing I should do?

Your license will be suspended unless you request a DMV hearing 10 days after your arrest. You or your attorney must call and request a hearing immediately. Even if your DUI case is dismissed in court, your license will be still be suspended unless you request a hearing date.

I was arrested for a felony. Will I face felony charges in court?

A prosecutor makes the decision on what charges will be filed, regardless of the arrest. In most domestic violence cases, the Los Angeles Police Department makes felony arrests carrying $50,000 bail. After many of these arrests, however, misdemeanor offenses, rather than felonies, are filed by the prosecutor, especially after an immediate pre-filing intervention by our law firm.

What happens when the police violate your constitutional rights?

Your Burbank criminal defense attorney will seek to exclude evidence that was obtained through police misconduct. Police misconduct may occur in searches during ordinary traffic stops or in your home. Also, if police are too aggressive in trying to get an incriminating statement from you, it may violate your Miranda rights. Criminal courts allow a defense lawyer to protect your rights through motions to the judge seeking to exclude the recovered evidence or received statements from trial. These types of motions to suppress evidence may cripple the prosecution, causing the case to either be dismissed or substantially reduced in plea negotiations.

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Address: 3500 W. Olive Avenue, 300 Burbank, CA 91505 Phone: (818) 994-9863