Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
A felony case has more stages than a misdemeanor, and each one is an opportunity that closes. The preliminary hearing and the pretrial motions are where most felony cases are actually decided, long before any trial date. The consultation is free.
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The stages
Arraignment, then a preliminary hearing, then arraignment on the information, then pretrial motions and negotiation, then trial. The preliminary hearing is the stage that matters most and is most often undervalued: a judge decides whether there is sufficient cause to hold the defendant to answer, which is a low standard, but it is the first time the prosecution’s witnesses testify under oath and are cross-examined. Testimony locked in there governs the rest of the case.
After the hearing, a Penal Code 995 motion can challenge the holding order where the evidence was legally insufficient or the commitment was unlawful. Alongside it sit the motions that decide most felony cases: a Penal Code 1538.5 motion to suppress evidence from an unlawful search, motions about statements taken in violation of Miranda, motions about identification procedures, and discovery motions including for peace officer personnel records.
Sources: Penal Code 872(a) — the holding order standard at a preliminary hearing; Penal Code 995 — motion to set aside the information; Penal Code 1538.5 — motion to suppress evidence; Penal Code 1382 — statutory speedy trial deadlines.
The exposure
Three questions decide the real exposure. Is the offense a wobbler, so that Penal Code 17(b) reduction to a misdemeanor is possible. Is it a serious felony under Penal Code 1192.7(c) or a violent felony under Penal Code 667.5(c), which makes it a strike for life and, for a violent felony, caps conduct credits at 15 percent. And does it carry enhancements — firearm, great bodily injury, gang, prior convictions — which frequently add more time than the offense itself.
Since realignment, many felonies are served in county jail under Penal Code 1170(h) rather than state prison, sometimes with a split sentence including mandatory supervision. Which category an offense falls into is not obvious from its name, and it is the first thing worth establishing.
Sources: Penal Code 1170(h) — many felony terms are served in county jail; Penal Code 1192.7(c) — serious felonies, which are strikes; Penal Code 667.5(c) — violent felonies; Penal Code 2933.1(a) — conduct credits capped at 15 percent for violent felonies; Penal Code 17(b) — reducing a wobbler to a misdemeanor.
Before filing
Felony investigations often run for months before an arrest. If detectives have made contact, or a search warrant has been executed, or an employer or agency is investigating, the case has already started even though nothing has been filed. That period is when the most can be done: controlling what is said, preserving evidence before it is lost, and in some cases presenting material to the District Attorney before a filing decision is made.
The rule during it is the same as always. Do not speak to investigators without counsel, do not consent to searches, and do not delete or alter anything, which can create a separate offense out of a defensible case.
The courts
Los Angeles County runs the largest trial court system in the country, and practice varies between its districts. Cases from Long Beach and the surrounding area are generally heard in the Southeast District at the Governor George Deukmejian Courthouse, with nearby matters in Bellflower, Compton, and Downey, and some serious felonies moving to other courthouses. The courthouse directory on this site lists the locations with official links.
Sources: Los Angeles Superior Court — locations and case access.
The office
Patrick S. Aguirre has defended felony cases in Long Beach and across Los Angeles County for nearly three decades, with offices in Long Beach and Downey. The approach is to treat the preliminary hearing as a real hearing rather than a formality, to litigate the search and the statements where there is something to litigate, and to fight the enhancements and strike allegations separately from the underlying charge, because that is usually where the years are.
No result is promised here. The office speaks Spanish and the consultation is free.
Frequently asked questions
It is the hearing where a judge decides whether there is sufficient cause to hold you to answer on a felony under Penal Code 872. The standard is low, so most cases are held to answer, but it matters enormously anyway: it is the first time the prosecution’s witnesses testify under oath and are cross-examined, and that testimony is locked in for the rest of the case.
If it is a wobbler, yes. Penal Code 17(b) lets a court reduce a wobbler felony to a misdemeanor, at sentencing or later, and a large share of California felonies are wobblers. That changes what the conviction is, and it can remove strike exposure and restore firearm rights.
No. Since realignment many felonies are served in county jail under Penal Code 1170(h), sometimes as a split sentence with a period of mandatory supervision, and probation is available for many offenses. Serious and violent felonies are treated differently and carry prison terms plus credit limits.
That is the investigation stage, and it is the most valuable time to have a lawyer. Nothing said in a pre-arrest interview is off the record, officers may lawfully make untrue statements about the evidence, and a lawyer can sometimes present your side to the District Attorney before any filing decision is made. Declining an interview is not obstruction.
Selected case results
A selection from 55 documented results
Criminal defense
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Westminster Superior Court
Charge dismissed at trial
Client experiences
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
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.
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Leave your contact information and, if helpful, a short general summary. The office will follow up.
The office received your contact request. If your matter is urgent, call 562-904-4337.