Frequently Asked Criminal Defense Questions
Will I lose my license for a DUI conviction?
DUI case is different, but there is a good chance that your license will be
at least suspended if you are convicted. For a first offense, your license
can be suspended for up to 10 months. Subsequent offenses only include
more lengthy suspension periods, with some individuals losing their license
for up to four years.
Isn't it easier to just plead guilty to my charges?
No matter what charges you are facing, the answer is almost always no.
When you plead guilty right away, it becomes difficult to fight for a
reduced sentence and almost impossible to have your charges dismissed.
Your attorney can advise you on the best way to plead while working toward
a favorable outcome.
What happens if the officer didn't read my rights?
Your Miranda rights give you the right to remain silent when questioned
by a police officer. Unfortunately, a failure to read these rights does
not mean your case will automatically be overturned. It usually means
that any statements you issued cannot be used against you later on, which
can be still beneficial for the defense and outcome of your case.
Is there a difference between probation and parole?
Yes. Probation is an alternative to prison, meaning that if you meet certain
requirements, you may be able to avoid going to prison. Parole, however,
means that your prison sentence gets shortened. When a portion of your
prison sentence is completed, you may be offered paroled for on good behavior
or other conditions.
What drug crimes could I be arrested for?
There are numerous drug offenses that an individual could be accused of
in California. Possession, transportation, manufacturing, cultivation,
and selling drugs are all illegal and can be considered either a misdemeanor
or a felony. Those convicted can face imprisonment, community service,
and heavy fines.
Do I need an attorney for a misdemeanor charge?
Absolutely. People tend to underestimate the power of a misdemeanor charge
and what it can do to your record. Even the smallest offenses can incur
serious penalties, damage your ability to find a job, and haunt you for
years down the line. Your attorney can prepare a strong defense to combat
If you have more unanswered questions, or are in need of aggressive representation,
contact The Law Offices of Jerry Schaffer, Jr. to speak with a Santa Ana criminal defense attorney.