Frequently Asked Questions
Q. Do I need an attorney for a misdemeanor?
A. Yes! Representing yourself against an experienced prosecutor puts you at a major disadvantage. Without an attorney you’re not on a level playing field. Your attorney will be experienced in the California law and able to make decisions and arguments in your favor.
Q. How does a misdemeanor affect my future employment?
A. A misdemeanor conviction will result in a criminal record. A criminal record can affect your future employability. Companies routinely perform pre-employment background checks and screening on all applicants. Most employers will not hire an applicant with a criminal background. Expunging your criminal record is the only way to prevent future employers (other than governmental agencies) from seeing your criminal history.
Q. What if I am falsely accused of a crime?
A. Do not attempt to talk your way out of the charges or represent yourself in court. Judges and prosecutors do not discuss charges or case facts directly with defendants. Your first step should be to secure a knowledgeable and experienced criminal defense attorney. A skilled attorney is extremely familiar with the criminal justice system and can talk to the judge and prosecutor on your behalf. Remember, even innocent people end up in jail!
Q. If I intend to plead guilty, why do I need an attorney?
A. If you are pleading guilty, you still need an attorney to ensure that your sentence is minimized. An experienced criminal defense lawyer can reduce your chances of going to jail. In some cases, a good attorney can negotiate a better plea and/or reduction of charges, depending on the seriousness of the offense and the defendant’s prior criminal history.
Q. Does a misdemeanor conviction always mean jail time?
A. No. Jail time for a misdemeanor conviction depends on several factors:
- Previous criminal record
- Facts of the case
- Victim’s attitude toward the defendant
- Outstanding restitutions, if any
- Current probation status
Q. What types of alternative sentences could be substituted for jail time?
A. Alternative sentences to jail include house arrest, community service, graffiti removal, CalTrans (physical labor), and counseling.
Q. What is a Gross Misdemeanor?
A. In the state of California, the term gross misdemeanor is not used, but the concept is still recognized. A gross misdemeanor carries penalties similar to a felony with the possibilities of increased jail time and even state prison.