Regardless of what crime you are charged with, a felony is an extremely serious matter. If convicted of a felony, you are likely facing prison time, fines, and penalties that will punish you well after you have served your time.
Here are a few steps you need to take if you are facing a felony charge.
The Right to Remain Silent
You have probably heard the words, “You have the right to remain silent…” in dozens of movies and TV shows about cops and the criminal justice system. The Fifth Amendment gives all of us the right to refuse to incriminate ourselves in a criminal case. If you find yourself in custody, refuse to answer any questions, and politely insist that you will not answer anything without a lawyer present.
Remain Calm and Polite
This might be one of the most difficult ideas to remember, but even if you believe you have been wrongfully arrested and that your rights have been violated, do not resist arrest. Resisting will make you appear guilty and could result in additional charges being filed against you.
Contact an Attorney Immediately
Call a lawyer if you are charged with a crime.
The single most crucial step in the process of defending yourself against a criminal charge is to contact an attorney. Every moment you spend in custody without an attorney fighting for you hurts your case.
The prosecutor will know all the technicalities of the law that you may not know, and most of all, they will know how to sell you on agreeing to a plea bargain that will seem like your best option.
Having your own attorney will even the playing field, and allow you to avoid taking what seems like an easy deal when it is likely not in your best interest.
Know What You Are Facing
Most people do not realize the difference between a misdemeanor and a felony. Generally, a misdemeanor is punished by time in county jail, or a fine, or both. A felony carries more severe potential consequences, including a prison or county jail sentence. In addition, you may have to pay restitution to the victim of the crime. You could also lose certain rights once you are released from prison. You might lose your right to vote and your right to own a firearm. You might be denied the chance to serve in the military or be denied a professional license.
Do Not Post Bail without Speaking to an Attorney
Many people make the mistake of posting bail for a loved one as soon as they have been arrested. This is often a very bad idea.
You should first speak to an experienced criminal defense attorney who can help you make the best decision as to bail by doing the following:
Pay bail bonds
Don’t pay bail bonds without an attorney.
Your criminal defense attorney can review the facts of the case and determine whether bail will likely be lowered or possibly have your loved one released without having to post bail.
Your criminal defense attorney can tell you whether the charges are likely to be dropped at the arraignment. If that were to happen, the accused would be released from custody within two or three days without having to post bail.
Bail bondsman charge a 10% fee. If you hire a lawyer, you are entitled to a reduction in the bondsman fee from 10% down to 8%. If the bail is $100,000, this is an immediate savings of $2,000 in bail bond fees.
Your criminal defense attorney may determine that it is not a good idea to bail your loved one out of jail. If it is likely that the judge will raise bail when the defendant appears in court at his arraignment, there would be a good chance that your loved one will be returned to custody. You will not be able to have the bail bond fees you paid returned to you if that were to happen.
The first call that you should make after your arrest is to an experienced criminal defense attorney who can properly guide you through the complicated issue of posting bail.
Our attorneys advise clients not to post bail if we can get them out at the arraignment without bail or on their own recognizance or “OR.” In other cases a bit more serious where defendants may have a criminal history and or the charges may be more serious, in lieu of continuing to keep a defendant in an overcrowded jail I ask the Court (judge) to grant the defendant Supervised “OR.”
In those cases, the defendant is released from being incarcerated, but he or she must report to probation for drug, alcohol and other testing as seen fit by an assigned “formal” probation officer who will monitor the defendant until after the case is adjudicated. Informal court probation was described earlier above without a formal probation officer, but by the Court.
The defendant merely has to be “of good conduct and obey all laws,” to continue to successfully complete court probation under an “OR,” finding by the Court. Some jurisdictions use the phrase the defendant must live a law abiding life…
The distinction between Misdemeanor and Felony is somewhat blurred at times, but generally Felony cases have a jail or prison exposure of greater than one year of incarceration.
Misdemeanor offenses/ charges carry much less jail time and are generally assigned to charges for which the maximum sentence is less than one year. Jail alternatives are much more readily available for misdemeanor offenses verses felony charges.
Be Honest with Your Attorney
Any information you share with your attorney is confidential. Give him or her an honest, detailed account of what happened. The more accurate information the attorney has, the better prepared he or she will be to give you the best defense possible.
Try to Avoid Talking to Your Family and Friends about the Arrest
Only talk to your lawyer about your case.
Unlike conversations with your attorney, those you have with your family and friends are not protected by confidentiality rules. Anything you tell them can potentially be used against you.
However, the rules are a little different when it comes to spouses. The California Rules of Evidence give spouses a certain amount of control over whether they will testify in a case against their spouse. California Evidence Code Section 970 states: “Except as otherwise provided by statute, a married person has a privilege not to testify against his spouse in any proceeding.” Therefore, the prosecution cannot compel your spouse to testify against you if he or she does not want to do so.
Not only does the law permit your spouse to refuse to testify against you in court, but California Evidence Code Section 980 also protects conversations between spouses, and gives both you and your spouse the right to prevent the other from disclosing what was said during your marriage. Still, the best course of action is always to tell your friends and family that you cannot talk about your case until it is finished.
Write Down What You Remember
From the moment you are arrested, the prosecution will begin documenting everything it can about you in order to build a case to convict you. You will be better able to give your attorney accurate information if it is fresh in your mind, and the best way to ensure that it stays fresh is to write down what you remember about the events surrounding your arrest as soon as possible. Make sure to include where you were and who you were with when the crime took place.
Make a List of Witnesses
As soon as possible, you should write down the names and contact information of any person who could possibly testify favorably on your behalf, including people who were with you when the alleged crime took place, and people who could testify to your good character.
Attend All Court Proceedings
With a few exceptions, a person charged with a misdemeanor may elect to have their attorney make any appearance in court in their place, meaning the defendant can choose not to appear in court.
That is not the case if you have been charged with a felony. California Penal Code section 977(b) requires that for any felony, the defendant must be present for the arraignment, the time of plea, preliminary hearings, any portion of the trial where evidence is presented to the judge or jury, and the imposition of the sentence. The law places the burden on you as the defendant to know when these events are happening, and to be present for them.
Contact The Offices of Michael A. Fiumara if you are charged with a Felony
A felony charge is a serious accusation with potentially life-changing consequences.
If you or someone you care about has been charged with a felony in the North Bay, you will need an experienced and aggressive attorney to help you in your case.
At Fiumara & Milligan Law, PC our attorneys have been successfully defending clients facing misdemeanor and felony charges for more than 23 years. Let us help you, too.
Call us today at 707-571-8600 OR 415-492-4507 for a free phone consultation and find out what it means to have aggressive and skilled representation on your side fighting for YOU!
“The Right Attorney Makes All The Difference”
Steps To Take When Charged With A Felony In The North Bay
