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.
24/7 Help:
(866) 361-0010
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
Call Us NowPosted on
Defendants in California can no longer be required to “pay back” public defender fees unless they ultimately get convicted in the case. Senate Bill 355 stops courts from ordering that exonerated defendants repay public defender or court-appointed counsel regardless of the outcome at trial.
Of course, defendants are contractually-bound to pay private attorneys under the terms of the retainer. But for those who require the assistance of a public defender or court-appointed counsel, repayment is more outcome-dependent. Now, reimbursement is restricted to proceedings where the charged client is actually convicted of a felony or misdemeanor.
Although the Sixth Amendment and California Constitution guarantee the right to an attorney in criminal proceedings, public defenders and court-appointed lawyers are not always free. Those who receive the services of a public defender, and are convicted, must pay for the services if the court determines them able to pay.
PC Section 987.8 sets forth factors courts use to find “assets sufficient” to repay all or part of the legal fees provided to the defendant at the public’s expense. These costs include any “legal assistance” required to mount a successful defense. The overall “ability to pay” public defenders and appointed counsel depends upon:
Upon finding “ability to pay,” the court imposes judgment akin to civil damages. The judgment can be satisfied by placing a lien on the defendant’s property. Thus, courts can impose the equivalent of civil fines in criminal proceedings that require a higher burden of proof.
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, Court TV, 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.
A bench warrant (“BW”) issued in California does not expire. It remains in effect until either: the subject of the warrant dies, or the warrant gets cleared. In California, a person can clear a BW by either: appearing in court before the judge, or possibly having the party’s attorney appear in court on his behalf. ...
Yes. A judge can deny bail if an offense is punishable by death, if there is a parole hold, or if there is a public safety exception. The “public safety exception” allows preventive detention. It applies to certain classes of felonies and felony sexual assault offenses. If the charge is for any other offense, bail ...
Depending on the facts of a given case, a victim of food poisoning can try to file a personal injury lawsuit based on a theory of negligence, product liability, or breach of warranty. A successful claim may result in a party receiving compensation for any losses incurred because of the food poisoning. This includes compensation ...
“Dismissed without prejudice” is a term in civil and criminal law meaning that a case is dismissed for now, but the prosecutor or the petitioner is not necessarily precluded from re-filing the case at a later point. By contrast, a case dismissed with prejudice is finally over and cannot be reopened or re-filed. In civil ...