Arrested or charged in San Diego?

Say clearly that you want a lawyer and that you are not answering questions, then stop talking. Be polite, don't resist, don't consent to searches, and don't try to explain your side. Anything you say will be used to build the case. Call an attorney before your first court date.

If you are held in custody, California law requires arraignment within 48 hours of arrest, not counting weekends and court holidays (Penal Code Section 825). If you were cited and released, your citation lists the arraignment date, often several weeks out.

The charges are read, you enter a plea (almost always not guilty at this stage), and the judge addresses bail or release conditions. It is also when your attorney begins receiving the police reports and evidence. Having counsel there matters.

Usually. The court sets bail or releases you on your own recognizance, and after the California Supreme Court's Humphrey decision the judge must consider your ability to pay. Your attorney can argue for release or reduced bail at arraignment.

A misdemeanor carries up to one year in county jail; a felony can carry state prison. Many charges are "wobblers" that can be filed either way, and getting a felony reduced to a misdemeanor is often the most important early goal.

Sometimes. California offers mental health diversion, drug diversion, military diversion, and judicial diversion for many misdemeanors. Complete the program and the case is dismissed with no conviction. Eligibility depends on the charge and your history.

Not necessarily. Penal Code Section 1203.4 allows many convictions to be dismissed after probation, and newer laws automatically clear some records over time. Reducing or avoiding a conviction now is far easier than cleaning it up later.

Not before your attorney has reviewed the evidence. Early offers are made before the prosecution has to prove anything. Many cases have suppression issues, weak witnesses, or missing evidence that change the offer or end the case.

Criminal cases from San Diego are heard in San Diego County Superior Court, most often at the San Diego Central Courthouse, 1100 Union Street, San Diego, CA 92101. Your citation or bail paperwork names the exact courthouse and department.

Public defenders are skilled but carry enormous caseloads. A private attorney can meet with you before court, investigate independently, file the motions your case needs, and be reachable when you have questions. Attorney Vincent W. Davis has been a California trial lawyer for over 40 years.