Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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There are several ways you can try to get out of a misdemeanor charge in a criminal case. Four common strategies include:
There are several important benefits to trying to get out of a misdemeanor case. Some of these are that you avoid:
Yes. Exculpatory evidence is evidence that shows that you are not guilty of the crime you are being accused of committing.1
Some examples include:
If you gather up exculpatory evidence, and your criminal defense attorney presents this to the prosecutor, the prosecutor may decide to dismiss your criminal charges.
This is because:
A pretrial diversion program may help you get out of a misdemeanor charge.
Diversion programs allow eligible defendants to avoid the criminal court process by completing a program designed to remedy the issue which caused or led to an original arrest (for example, a drug, alcohol, or anger issue).
If you successfully complete your diversion program, then the court will generally dismiss your criminal case.2
The result is that there is no criminal conviction on your record or criminal history. Sometimes, this all happens “pre-prosecution,” which means that you can do diversion without having to enter a plea.
Note that many jurisdictions say that diversion is only available for first-time offenders suspected of committing non-violent misdemeanor offenses.3
Further, entry into a diversion program may be conditioned on approval by the:
It can. A plea bargain is an agreement between the defendant and the prosecutor to resolve a criminal case.
In the deal, the defendant usually agrees to plead guilty to a charge and the prosecutor will often agree to reduce the charge or the penalties for the conviction.
Note that while a plea bargain means you plead guilty to a misdemeanor charge, the prosecutor may decide to reduce your charge to an infraction as part of the deal.5 This is a good thing since infractions will likely not result in a criminal record or show up on a background check.
Some common misdemeanors that a prosecutor might agree to reduce to infractions include:
The prosecution and defense often try and resolve several issues in a criminal case before a jury trial begins. Both sides typically use “motions” to help in this process.
A “motion” is a request for the court to do something. Motions may be made orally or in writing, depending on the specific motion brought.
Before trial, you can try to get out of a charge by filing a motion with the court. Evidentiary motions usually have the biggest impact.
For example, you could file a motion and try and show that:
If a judge grants one of these motions, the result could be that certain evidence gets excluded from your case. Exclusion might mean that the prosecutor drops your charges since there is no good way to prove them.
Yes. A criminal defense attorney can provide invaluable help with misdemeanor crimes (for example, a DUI).
Defense attorneys or a public defender can help by:
If for some reason you are ultimately convicted of a crime, a defense lawyer can help in misdemeanor sentencing by minimizing any penalties that you may face. For example, an attorney can try and help you receive community service rather than a county jail sentence.
Note that most criminal lawyers and law firms provide free consultations, meaning you can receive legal advice at no cost.
Further, your communications with your lawyer are protected by the attorney-client relationship. This means your defense attorney cannot disclose your confidences without first getting your consent.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.