Criminal defense
Long Beach Criminal Defense Lawyer
Patrick S. AguirreCriminal defense attorney · Long Beach & Downey offices, serving all of California4.7 out of 5 from 40+ Google reviews.Recent case results
See all- Dismissed on the day of trial Assault with a deadly weapon (felony PC 245) · Downey, California
- Case dismissed at trial Domestic violence
Each result depended on the specific facts and law of that case. Results will differ when based on different facts. Past results do not guarantee or predict a similar outcome.
“I just walked out of court a free man after getting my case dismissed.”
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Most people meet the criminal system for the first time in the worst week of their life, and the decisions that matter most get made in the first few days, usually before anyone has spoken to a lawyer. This page is about those days. Call now to schedule a consultation.
Right now
The two things that matter most in the first 48 hours
Say nothing about the case. Not to the police, not to a cellmate, not on a recorded jail phone call, not to the person who reported it, and not on social media. Officers may lawfully tell you things that are untrue during an interview, including that they already have evidence they do not have. Asking for a lawyer is not an admission and cannot be used as one. The right way to do it is unambiguous: say you are invoking your right to remain silent and want a lawyer, then stop talking.
Do not consent to a search. Of your phone, your car, your home, or your bag. If officers have a warrant they do not need consent, and if they do not, consent is often the only thing that makes the search lawful. Declining is not obstruction.
A person in custody must generally be taken before a magistrate within 48 hours, excluding Sundays and holidays, under Penal Code 825. That first appearance sets bail or release conditions, any protective order, and the shape of the case.
Sources: Penal Code 825(a)(1) — arraignment within 48 hours, excluding Sundays and holidays; Penal Code 849 — release without charges.
The sequence
What actually happens, in order
Arrest is not charging. The police recommend, and the prosecutor decides whether to file, what to file, and whether to file at all. That gap is real and it is where a defense lawyer can sometimes do the most work, by presenting the client’s side before a filing decision is made.
At arraignment the charges are read, a plea is entered, and bail or release is set. In a felony case a preliminary hearing follows, where a judge decides whether there is enough evidence to hold the defendant to answer under Penal Code 872. It is a low standard, but it is the first time the prosecution’s witnesses testify under oath, and it frequently produces the material that wins the case later.
Pretrial motions follow, and this is where most cases are genuinely decided: a Penal Code 1538.5 motion to suppress evidence from an unlawful search, a Penal Code 995 motion to set aside the information, motions about statements, identifications, and discovery. Then negotiation, and if there is no resolution, trial. Misdemeanors and felonies carry statutory speedy trial deadlines under Penal Code 1382, which are frequently waived for good tactical reasons but should be waived deliberately rather than by default.
Sources: Penal Code 1382 — the statutory speedy trial deadlines; Penal Code 872 — holding order at a preliminary hearing; Penal Code 995 — motion to set aside the information; Penal Code 1538.5 — motion to suppress evidence.
The categories
Misdemeanor, felony, and wobbler
A misdemeanor carries up to a year in county jail; a felony carries a prison term or, for many offenses since realignment, a term served in county jail under Penal Code 1170(h). Between them sits the wobbler, an offense chargeable either way, which covers a large share of California criminal law: many theft, assault, drug, weapon, and fraud offenses.
The wobbler is where much of the useful work happens. Penal Code 17(b) lets a court reduce a wobbler felony to a misdemeanor, which changes what the conviction is rather than just how long the sentence runs, and can restore firearm rights and remove strike exposure. Whether an offense is a strike under Penal Code 1192.7(c) matters far beyond the current case, because it doubles the term for any future felony for life.
Sources: Penal Code 17(a)–(b) — felony, misdemeanor, and reduction of a wobbler; Penal Code 1170(h) — felony terms served in county jail; Penal Code 1192.7(c) — serious felonies, which are strikes.
Alternatives
The routes that avoid a conviction
California has expanded the ways a case can end without a conviction, and they are worth assessing before anything else. Penal Code 1000 diversion for listed drug offenses, Penal Code 1001.36 mental health diversion for defendants whose qualifying disorder played a significant role in the offense, Penal Code 1001.80 military diversion for service members with service-related conditions, and Penal Code 1001.95 judicial diversion, which lets a judge divert many misdemeanors over the prosecutor’s objection.
Each ends in dismissal on successful completion, and most result in the arrest being sealed or deemed never to have occurred for most purposes. For a non-citizen, or anyone holding a professional licence, an outcome with no conviction at all is frequently worth far more than a shorter sentence.
Sources: Penal Code 1000 — pretrial diversion for specified drug offenses; Penal Code 1001.36 — mental health diversion; Penal Code 1001.80 — military diversion; Penal Code 1001.95 — judicial misdemeanor diversion.
Afterwards
What a conviction carries beyond the sentence
Immigration is the most serious and the most frequently mishandled. A plea that looks minor can make a lawful permanent resident deportable, and the consequence often turns on the exact offense and the sentence imposed rather than on whether any custody was served. No non-citizen should plead to anything without immigration advice on that specific disposition.
Then: a lifetime firearm prohibition on any felony, ten-year prohibitions on many misdemeanors, professional licensing consequences, and employment and housing effects. Later relief exists — dismissal under Penal Code 1203.4, sealing under Penal Code 851.91, reduction under Penal Code 17(b) — but each has limits, and none of them erases a record. What the disposition is decides what is possible years later, which is why the plea matters more than it appears at the time.
Sources: Penal Code 29800 — lifetime firearm prohibition after a felony; Penal Code 1203.4 — dismissal after probation, and its limits; Penal Code 851.91 — sealing an arrest that produced no conviction.
The office
How the Law Offices of Patrick S. Aguirre works
Patrick S. Aguirre has practised criminal defense in Long Beach and across Los Angeles County for nearly three decades, in the Long Beach and Downey courthouses and the surrounding courts. The office handles the range of state criminal matters set out on the practice pages linked below, along with federal cases.
The approach is ordinary and it is the right one: get the discovery, read it rather than skim it, investigate what the police did not, litigate the search and the statements where there is something to litigate, and be candid with the client about what the evidence actually supports. No result is promised on this site, because no honest lawyer can promise one before seeing the file.
The office does not describe itself as a specialist or as certified in any field; in California those terms mean State Bar certification specifically, which is not claimed here. The firm speaks Spanish. Call now to schedule a consultation.
Frequently asked questions
Common questions
The police want to talk to me but I have not been arrested. Should I go in?
Not without a lawyer. An interview before arrest is still an investigation, officers may lawfully make untrue statements about the evidence during it, and nothing you say is off the record. Declining to be interviewed is not obstruction and cannot be used against you. It is also the point at which a lawyer can do the most, sometimes before any charging decision is made.
I was arrested but never charged. Is it over?
Not necessarily. Prosecutors can file later, within the statute of limitations for the offense, and an arrest stays on your record whether or not charges follow. An arrest that produced no conviction can be sealed under Penal Code 851.91, which is a stronger remedy than anything available after a conviction and is worth doing rather than assuming the matter disappeared.
Can I get my charge reduced to a misdemeanor?
If it is a wobbler, often yes. Penal Code 17(b) allows a court to reduce a wobbler felony to a misdemeanor, either at sentencing or later, and a large share of California offenses are wobblers. That changes what the conviction is, and it can remove strike exposure and restore firearm rights. Whether it is realistic depends on the offense, the facts, and the record.
How long will my case take?
A straightforward misdemeanor may resolve in a few appearances over a few months; a contested felony can take a year or more. Penal Code 1382 sets statutory speedy trial deadlines, but those are often waived deliberately, because the time used to investigate and litigate motions is frequently what improves the outcome. That should be a decision made with you, not a default.
Will a conviction affect my immigration status?
It can, including for misdemeanors and including where no jail is served. The consequence turns on the specific offense and the sentence imposed, and some pleas that look identical in court have completely different immigration results. A non-citizen should get advice on the specific proposed disposition before entering any plea.
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-471-3512.