Criminal Defense in Oakland – Why You Need a Criminal Defense Attorney

 

A qualified attorney can make all the difference in Criminal Defense in Oakland. From reducing bail so you can go home that night to challenging flaky evidence from the prosecution, they understand your rights and aren’t afraid to fight for them.

Elliot Silver is a criminal lawyer with extensive knowledge. He understands the California criminal justice system and works on every case from start to finish.

Arraignment

Arraignment is the first time you will go to court in a criminal case. It is the point when the judge reads the charges against you and you are told what your rights are. This is also the point at which you must decide if you are going to plead guilty or not guilty. At this point, you can also talk to your attorney about a plea deal.

A skilled Oakland criminal defense lawyer will protect your rights throughout the process. They will know what to say and how to handle the case so that you do not end up with a conviction on your record, which can limit your career options, make it difficult to find a home or rent an apartment, and can even make you ineligible for certain government programs.

Your lawyer will address the issue of bail during arraignment. They will argue that you are not a flight risk and should be released on your own recognizance or on minimal bail. The judge will then decide on the amount based on various factors, including your criminal record, ties to the community, and whether or not they believe you pose a danger to others.

If you are charged with a misdemeanor, the case will be scheduled for a pretrial conference within 30 days of your arraignment. For felonies, California law requires that a preliminary hearing be held within 10 court days of your arraignment.

A good Oakland criminal defense attorney will work on your case from the very beginning to ensure that you are prepared for each step. They will review all the evidence, including police reports and any statements you made to investigators. This can help them prepare your defense in advance and build a strong argument for your freedom at the arraignment. A well-versed attorney will be able to stand up to judges and entire court rooms on your behalf.

Pretrial

Your lawyer will ask the prosecution to share with him or her any information they may have that would hurt their case, known as exculpatory evidence. Your attorney will also want the prosecution to give him or her a list of all witnesses they plan to call and any written reports they expect to have in support of their testimony.

This hearing is an opportunity for the parties to talk about the case and try to resolve it without a trial. If that cannot be done, the case will go to trial.

A pretrial conference is the first time your attorney will receive discovery, which includes any information the prosecution has about the case. At this hearing, your Oakland criminal defense attorney can seek a reduction in charges to something less serious such as a misdemeanor. Common misdemeanors include drunk driving, petty theft and assault. In some cases, your criminal defense lawyer may even be able to get the charge dismissed.

The pretrial services unit is part of the community corrections division in Oakland County. It screens adults arrested for release suitability and develops a bond recommendation. It uses a risk assessment tool called the Praxis Instruction Manual that scores factors proven to predict pretrial misconduct, including failure to appear or re-arrest.

Your Oakland criminal defense lawyer can present information to show that you are a good candidate for release, such as certificates of achievement, proof of higher education, community service and recent pay stubs. The court also considers your ties to the community and whether you are a flight risk. A judge will make a decision on the basis of all the information available. If the judge denies you release or sets a high bail amount, your lawyer can file an appeal.