Criminal Defense Questions — Answered Directly.

For any charge that carries jail time, a fine, probation, or a permanent record — yes. A public defender is an attorney, but public defenders carry very large caseloads and have limited time for each case. A private criminal defense attorney works exclusively on the cases they take. The earlier a private attorney is involved, the more options exist — including influencing how charges are filed, arguing for reduced bail, and identifying defenses before the prosecution has locked in its approach.

The call is confidential, free, and handled by Jimmy personally. It typically takes 15 to 30 minutes. Jimmy will ask you to walk through the situation, explain what the charge means, describe the realistic range of outcomes, and outline what the defense options look like. There is no obligation to hire after the call.

Bring whatever you have: the arrest report if you received one, any citation or notice to appear, bail documents, and any written communication from the court or prosecution. If you have nothing, that is fine — Jimmy can pull case information directly. Write down everything you remember about the arrest before the meeting while the details are fresh.

No. You have the right to remain silent. Politely decline to answer questions about the incident and state that you want to speak with an attorney. This applies before arrest, during arrest, and after arrest. Statements made to law enforcement — including explanations that seem harmless — can be used against you in court.

Jimmy's primary practice is Orange County criminal defense. If your case is in a different county, Jimmy can advise on whether he is the right fit or refer you to a qualified attorney in the relevant jurisdiction.

An arraignment is your first court appearance — where formal charges are read and you enter a plea of guilty, not guilty, or no contest. For most Orange County defendants, arraignment is the first time the charges are formally stated in court. In most cases, the right move at arraignment is to plead not guilty, which preserves all defense options and begins the pretrial phase.

A preliminary hearing is a felony-only proceeding where the prosecution must present sufficient evidence to establish probable cause that a crime was committed and that the defendant committed it. It is not a trial — the standard is lower than beyond a reasonable doubt — but it is a critical early proceeding. A skilled defense attorney uses the preliminary hearing to cross-examine prosecution witnesses, expose weaknesses in the evidence, and sometimes secure a reduction or dismissal before trial.

A misdemeanor carries a maximum sentence of one year in county jail. A felony carries a sentence served in state prison — not county jail — and imposes additional long-term consequences including loss of certain rights, professional licensing impacts, and immigration consequences. Some California charges are wobblers — they can be filed as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion.

It depends on the charge and the complexity of the case. A straightforward misdemeanor can resolve in one to three court appearances. A felony case with a preliminary hearing and active pretrial litigation typically takes six months to a year or more. Cases that go to trial take longer. Jimmy gives clients realistic timelines at the first case evaluation based on the specific charge and facts.

A reduction means the charge is changed to a less serious offense — a felony reduced to a misdemeanor, or a DUI reduced to a wet reckless, for example. A dismissal means the case is terminated — the prosecution drops the charge or the court dismisses it. Both are favorable outcomes that require either a weakness in the prosecution's evidence or an effective negotiation with the DA's office.

A missed court date typically results in a bench warrant — a warrant issued by the judge authorizing your arrest. In most cases, the warrant can be recalled by appearing in court with your attorney. The sooner it is addressed, the better. Call Jimmy immediately if you have missed or are about to miss a court date.

When you are arrested for DUI in California, the DMV automatically moves to suspend your driver's license. You have 10 days from the date of arrest to request an Administrative Per Se hearing with the DMV to challenge that suspension. If you do not request the hearing within 10 days, the suspension becomes automatic — regardless of what happens in criminal court. Jimmy can request this hearing on your behalf.

California's implied consent law requires drivers to submit to a chemical test — breath or blood — after a lawful DUI arrest. Refusing the test after arrest results in automatic license suspension and an additional refusal enhancement that can increase penalties if convicted. Pre-arrest, a preliminary alcohol screening test at a traffic stop is different — that test is generally voluntary for drivers over 21. The distinction matters and is worth discussing with an attorney.

A DUI conviction stays on your driving record for 10 years for the purpose of calculating prior DUI offenses. On your criminal record, a DUI conviction is permanent unless addressed through later expungement relief. Expungement of a DUI conviction is available for qualifying defendants who have completed their sentence.

In some cases, yes. A DUI can be reduced to a wet reckless (Vehicle Code 23103.5) through negotiation when the evidence supports it. A wet reckless carries lower fines, shorter probation, and different insurance consequences than a DUI conviction. It is a well-known negotiation target in DUI defense. Whether a reduction is achievable depends on the specific facts of the case.

In California, the decision to prosecute a domestic violence case belongs to the prosecutor — not the alleged victim. A victim who declines to cooperate or recants does not automatically result in dismissal. Prosecutors can and do proceed with DV cases using other evidence — officer observations, photographs, medical records, and 911 recordings. That said, a non-cooperative alleged victim does materially change the strength of the prosecution's case, and an experienced defense attorney knows how to use that shift strategically.

A domestic violence misdemeanor conviction can potentially be expunged under PC 1203.4 after successful completion of probation, subject to the standard expungement eligibility requirements. A felony DV conviction follows a different and more limited path. Jimmy evaluates expungement eligibility on every qualifying DV case.

A criminal protective order is issued by the court in a domestic violence case — typically at arraignment — and prohibits the defendant from contacting the protected person. It lasts for the duration of the criminal case and, if a conviction results, can be extended for up to 10 years at sentencing. Violating a protective order is a separate criminal offense, regardless of whether contact was initiated by the protected person.

To qualify for expungement under PC 1203.4, you must have: (1) been convicted of a misdemeanor or a felony that was not served in state prison, (2) successfully completed probation or had probation terminated early by the court, and (3) no pending criminal charges. Some serious offenses are not eligible for expungement regardless of probation completion.

Most California expungement cases resolve within 60 to 90 days of filing, depending on the court's calendar and whether any complications arise. The process is primarily paperwork — most cases do not require a court appearance.

An expunged conviction may still appear on certain background checks — it will show as dismissed rather than convicted. For most private employment, an expunged conviction does not need to be disclosed. For government employment, professional licensing, and certain security clearance applications, an expunged conviction may still require disclosure. Jimmy walks clients through the specific background check implications for their situation during the evaluation.

Yes — many felony convictions are eligible for expungement under PC 1203.4, provided the sentence was served in county jail (not state prison) and probation was completed. Felony expungements are more complex than misdemeanor expungements and sometimes benefit from a PC 17(b) reduction to a misdemeanor first. Jimmy evaluates both options on every qualifying felony case.