Will I Go to Jail? How a Sacramento Criminal Defense Lawyer Can Help

Will I Go to Jail? How a Sacramento Criminal Defense Lawyer Can Help

Getting arrested can be scary. You may be worried about going to jail, or how a criminal record could impact your life. But having an experienced Sacramento criminal defense lawyer on your side can make all the difference.

I’m here to walk you through the process and explain how a defense attorney can help. I’ll be real with you – I’m not going to use a bunch of legal jargon. My goal is to keep things simple and conversational so you truly understand what’s going on.

First Things First – What Happens After an Arrest?

If you’ve been arrested in Sacramento County, you’ll be taken to the local jail for booking. This means the police will take your fingerprints, photograph you, and record your information. You’ll also be searched.

Within a few hours, you’ll go before a judge who will decide whether to:

• Release you without bail
• Release you after posting bail
• Keep you in jail without bail

Bail is money you pay to get released until your trial. The amount depends on the charges against you.

If bail is set, you or your family will need to pay the full amount to the court in order to get released. This is where a defense lawyer can help – they may be able to get the bail reduced or argue for your release without needing to pay.

The Arraignment – Entering a Plea

Within a few days after your arrest, you’ll be formally charged at an arraignment hearing. This is when the prosecutor reads the charges against you and you enter a plea of guilty, not guilty, or no contest.

Having an attorney with you at this hearing is critical. They can advise you on the best plea to enter based on the charges and the evidence against you.

How a Sacramento Criminal Defense Lawyer Can Help

Hiring a criminal defense attorney early on is so important. Here are some of the key ways they can help:

• Investigate the charges and evidence against you, looking for holes in the prosecutor’s case
• Negotiate with the prosecutor for reduced charges or a plea deal
• Advise you on whether to take a plea deal or go to trial
• File motions to get evidence thrown out if it was obtained illegally
• Present the strongest defense case possible if you go to trial
• Guide you through the sentencing process if found guilty

Having a knowledgeable legal advocate makes a huge difference. Public defenders are often overworked and underpaid. A private defense lawyer will be able to give your case the focus it deserves.

Common Criminal Charges in Sacramento County

Some of the most common crimes we see in Sacramento include:

• Drug crimes – possession, distribution, trafficking
• DUI – including 1st offense, 2nd offense, wet reckless
• Theft – petty theft, grand theft, robbery, burglary, shoplifting
• Assault – domestic violence, battery, aggravated assault
• Weapons charges – possession of an illegal weapon or firearm
• Sex crimes – rape, statutory rape, indecent exposure
• White collar crimes – fraud, embezzlement, identity theft

No matter what you’ve been charged with, having an attorney in your corner can make all the difference.

What Factors Determine Your Sentence?

If convicted of a crime, these factors impact your potential sentence:

• Your criminal history
• The actual charges filed against you
• Whether you accept a plea deal or go to trial
• The judge or jury’s discretion
• Any mitigating circumstances your lawyer presents

For example, a first-time offender charged with petty theft may get probation. But someone with multiple prior convictions could face years in prison for the same charge.

An experienced Sacramento defense attorney will know how to negotiate the best deal and fight for the lightest sentence if convicted.

Should You Accept a Plea Deal?

After reviewing the evidence, your lawyer may advise you to accept a plea bargain rather than go to trial. This involves pleading guilty in exchange for reduced charges or a lighter sentence.

Here are some pros of taking a deal:

• Avoid the maximum sentence if convicted at trial
• Lesser charges can help avoid deportation or losing professional licenses
• Much lower legal costs compared to a trial

Some cons to weigh:

• Pleading guilty means accepting a criminal record
• You lose the ability to challenge the charges and evidence
• The judge may not accept the plea deal’s proposed sentence

Your attorney will give you their best advice on which option to take based on the unique circumstances of your case.

What Happens if You Go to Trial?

If you decide to take your case to trial, your Sacramento criminal defense lawyer will fight to get charges dismissed or secure a not guilty verdict. They will:

• File motions to suppress illegally obtained evidence
• Cross-examine witnesses and challenge their credibility
• Present expert witnesses and testimony in your defense
• Highlight any reasonable doubt about your guilt

While a trial can feel risky, sometimes it’s the best option if the plea deals offered aren’t favorable. An experienced trial lawyer may be able to win dismissal of charges or acquittal.

What Happens if You’re Convicted?

If you are found guilty at trial, your punishment will depend on the charges and your criminal history. Your defense lawyer will advocate for the most lenient sentence possible.

Options may include:

• Jail time – Misdemeanors carry up to 1 year in county jail. Felonies can result in state prison time.
• Fines – Criminal fines typically range from $100 to $10,000 depending on the charges.
• Probation – A period of community supervision instead of incarceration.
• Community service – For minor crimes, community service may be ordered.
• Diversion programs – Completion of rehab, counseling or other programs.

Your attorney will present mitigating circumstances about your background and the case to argue for the lightest punishment. They can also file appeals if there were any legal errors in your trial.

Finding the Right Sacramento Criminal Defense Lawyer for You

If you or a loved one have been arrested in the Sacramento area, it’s critical to have an experienced local criminal defense lawyer on your side. Look for someone who:

• Has extensive experience handling your types of charges
• Is respected by prosecutors and judges
• Has a track record of success fighting charges and getting reduced sentences
• Makes you feel comfortable and clearly explains your options
• Is affordable and upfront about fees

Don’t leave your future up to chance. The right Sacramento defense attorney can make all the difference in getting charges reduced or dismissed and avoiding jail time. They will aggressively defend your rights at every step.

If you’ve been arrested, call for a free consultation today. This first conversation is crucial to discussing your charges, legal strategy and options. Don’t go through this alone – having an experienced lawyer by your side can give you peace of mind.