Client resources
Criminal Defense FAQs
Straight answers to the questions people ask most after an arrest in California — custody, bail, court, DUI, and what happens to your record.
Patrick S. Aguirre Criminal Defense & Personal Injury Attorney · Long Beach 4.6 out of 5 from 41 Google reviews. After an arrest
What should I do if I’ve been arrested?
Exercise your right to remain silent and ask for an attorney. Staying silent prevents you from inadvertently making statements that could be used against you later. Asking for an attorney ensures you get advice before decisions start being made in your case.
What should I do if there is a warrant out for my arrest?
Your best option is usually to arrange to turn yourself in. A criminal defense attorney can help you plan a safe self-surrender, protect your rights during police questioning, and begin building your defense immediately.
Will I have to go to jail?
Not necessarily. With an experienced attorney on your side, you may be able to negotiate a plea agreement that substitutes fines, community service, probation, or other alternative sentencing measures for jail time.
What if I can’t afford to post bail?
Retaining an attorney early is the best way to make sure bail is addressed properly. If you are accused of a low-level, nonviolent offense, your attorney may be able to ask for release on your own recognizance so that no bail is required. If bail has already been set at an amount you cannot afford, your attorney can ask the judge to reduce it at your first court appearance.
What does it cost to hire a defense attorney?
Skilled defense representation can prevent an unfair conviction or an unduly harsh punishment. The exact cost of representation varies with the particulars of your case, so the most reliable way to get an estimate is to discuss your case with an attorney.
Charges and court
Do I still need an attorney if I want to plead guilty?
Yes. Your attorney can negotiate with the prosecutor to pursue the most favorable plea agreement available, which can mean a reduced charge or a more lenient penalty than you would otherwise be offered.
Can my case be dismissed if the alleged victim doesn’t want to press charges?
The decision to prosecute rests with the District Attorney’s office, not the victim. Even if the alleged victim recants or says they do not wish to press charges, the DA may still prosecute if there is other compelling evidence.
Is there any way to get criminal convictions off my permanent record?
Many convictions can be removed from your record through expungement, provided you were not sentenced to state prison, you have completed probation, and you are not currently facing prosecution for another crime. An attorney can review your eligibility.
What is drug diversion?
Drug diversion programs are designed to help nonviolent drug offenders address addiction by providing treatment instead of jail time. In many cases, successfully completing a diversion program results in the charge being dismissed so it does not appear on your record.
DUI and traffic
How can I contest a traffic ticket?
Start by contacting an attorney. The office can handle each step of the process for you, including your court appearances.
Are breathalyzers ever wrong?
Yes. Breathalyzers can give incorrect BAC readings for a number of reasons. If the equipment was improperly calibrated or maintained, the officer did not properly administer the test, or a medical condition caused compounds on your breath to be misread as alcohol, the reliability of the test — and the charges that rest on it — can be challenged.
Why did my license get confiscated after my DUI?
As soon as you are arrested for a DUI, the DMV can begin an administrative license-suspension process. If you do not request a DMV hearing within 10 days of your arrest, your license can be suspended automatically for up to four months. A later criminal conviction can add a further suspension and other penalties. A DUI defense attorney can represent you in both the DMV and criminal proceedings.
These answers are general information, not legal advice about your case — the right move always depends on the specific facts. For anything time-sensitive, especially if someone is in custody, call the office. Practical resources: find someone in custody, how bail works, and the Long Beach jails guide.
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