Questions Rancho Cucamonga clients ask after an arrest

Say clearly that you want a lawyer and that you are not answering questions, then stop talking. Be polite, don't resist, don't consent to searches, and don't try to explain your side. Anything you say will be used to build the case. Call an attorney before your first court date.

If you are held in custody, California law requires arraignment within 48 hours of arrest, not counting weekends and court holidays (Penal Code Section 825). If you were cited and released, your citation lists the arraignment date, often several weeks out.

The charges are read, you enter a plea (almost always not guilty at this stage), and the judge addresses bail or release conditions. It is also when your attorney begins receiving the police reports and evidence. Having counsel there matters.

Usually. The court sets bail or releases you on your own recognizance, and after the California Supreme Court's Humphrey decision the judge must consider your ability to pay. Your attorney can argue for release or reduced bail at arraignment.

A misdemeanor carries up to one year in county jail; a felony can carry state prison. Many charges are "wobblers" that can be filed either way, and getting a felony reduced to a misdemeanor is often the most important early goal.

Sometimes. California offers mental health diversion, drug diversion, military diversion, and judicial diversion for many misdemeanors. Complete the program and the case is dismissed with no conviction. Eligibility depends on the charge and your history.

Not necessarily. Penal Code Section 1203.4 allows many convictions to be dismissed after probation, and newer laws automatically clear some records over time. Reducing or avoiding a conviction now is far easier than cleaning it up later.

Not before your attorney has reviewed the evidence. Early offers are made before the prosecution has to prove anything. Many cases have suppression issues, weak witnesses, or missing evidence that change the offer or end the case.

Criminal cases from Rancho Cucamonga are heard in San Bernardino County Superior Court, most often at the San Bernardino Justice Center, 247 West Third Street, San Bernardino, CA 92415. Your citation or bail paperwork names the exact courthouse and department.

Public defenders are skilled but carry enormous caseloads. A private attorney can meet with you before court, investigate independently, file the motions your case needs, and be reachable when you have questions. Attorney Vincent W. Davis has been a California trial lawyer for nearly 40 years.

In a felony case, it's a hearing where the prosecution must show a judge there is probable cause to hold you for trial. It's also the first time we cross-examine the officers under oath. Charges are sometimes reduced or dismissed at this stage, and the testimony locks in what witnesses can say later.

Your phone generally requires a warrant. Your car can be searched with a warrant, with your consent, or when officers have probable cause; a traffic stop alone isn't enough. If evidence came from an illegal search, we file a motion under Penal Code Section 1538.5 to suppress it, and cases often end there.

A first DUI in San Bernardino County typically means a license suspension through the DMV (a separate hearing you must request within 10 days of arrest), DUI school, fines and fees, an ignition-interlock device for some drivers, and years of higher insurance. We handle the DMV hearing and the court case together.

For misdemeanors, your attorney can usually appear for you under Penal Code Section 977 so you don't miss work. For felonies you generally must be present. Missing a required date results in a bench warrant, so never skip one without talking to your attorney first.

It can. Certain convictions carry immigration consequences even for lawful residents, and some licenses and employers ask about arrests. Tell us your situation at the first meeting; the right plea, or a plea to a different charge, can avoid consequences that a quick deal would trigger.