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Experienced Defense Attorney Answering Your Questions

Criminal Defense FAQs

Insight from a San Diego Criminal Defense Attorney

If you are facing criminal charges, you likely have a lot of questions about your case and your future. At The Law Offices of Christopher P. Sohovich, we believe in the value of keeping our clients informed about the ins and outs of their criminal charges so that they are better prepared to make decisions that could affect them in the long run.

Read on for answers to some of the most common questions asked about criminal charges in San Diego. These should give you a broad overview of what to expect as you proceed through the California criminal court process.

Do I need to hire an attorney if I have only been charged with a misdemeanor?

Although a misdemeanor carries less severe penalties than a felony, misdemeanors can still seriously impact your well-being and your future. If you are convicted of a misdemeanor, you potentially face jail time and/or expensive fines and could even lose your driver’s license or your right to carry a firearm. Plus, the conviction will remain on your criminal record, which could prevent you from renting a home or getting a job later on in life. A skilled attorney can work to protect you from these punishments.

What are my rights when I am arrested?

At the time of the arrest, you have the right to be told what you are being arrested for and to be read your Miranda rights. It is illegal for the police to penalize you for choosing not to answer a question. Anything you say to the police officer can be used against you, so it is in your best interest to simply ask to speak with your attorney. They can advise and defend you whether you did or did not commit a crime.

What is bail?

After an arrest, it can take a long time – sometimes months or years – before your case will go to trial. Generally, alleged offenders are held in jail until their trial, but they may also have the option to pay bail. Bail is the fee you pay to live life out of jail leading up to your trial. Most of the time it is offered outright, but sometimes the judge denies bail. An attorney can negotiate bail on your behalf.

If you do not pay bail and spend time in prison before your trial that time counts as “time served” and will be taken off your sentence if you are convicted.

I was issued a traffic ticket. Should I pay it or fight it?

Whether it is worth disputing your traffic ticket depends on the details of the incident and the severity of the ticket. If you feel strongly that you did not commit any traffic violation or that the fine/penalty is too steep, it can be helpful to consult with an attorney who can review your situation and determine what your options are.

I have been accused of violating a restraining order. What should I do?

The most important first step is to contact a skilled criminal defense attorney. Your attorney can assess your situation, both the details of the violation and the circumstances surrounding the initial request for a restraining order. After conducting some research, they will be able to advise you on how to proceed and can defend you in many ways. It is possible that you unintentionally violated the order, or that you were falsely accused. No matter the situation, a skilled legal professional can craft a solid defense to help prevent serious consequences.

If I have been charged with a DUI, what are the benefits of hiring a DUI attorney?

Legal professionals have what it takes to change the nature of your case. An experienced DUI attorney is familiar with the court system, knows details about the plea bargain, and has the ability to follow complex procedures, all of which can benefit you in the long run. DUI attorneys may be able to prevent the court from pursuing harsh penalties and could even have the case dismissed under certain circumstances. Additionally, they can deal with the prosecution during the plea bargain process, wherein the charges against the client are reduced to a lesser one, and can also deal with sentencing, which is very useful in cases where pleading guilty can lead to a long period of imprisonment.

We Get Results

A Track Record of Success

Although you have the option of representing yourself during a criminal case, having professional guidance from an experienced defense attorney makes an impactful difference on the outcome. We have won thousands of cases throughout our years in practice. With The Law Offices of Christopher P. Sohovich on your side, we fight for you with everything it takes.
  • Not Guilty All Charges BAC 0.23%, 3rd DUI
  • Hung Jury + Case Dismissed BAC Blood 0.09%
  • Hung Jury + Case Dismissed BAC Blood 0.10%
  • Reckless Driving BAC Blood 0.13%
  • Reckless Driving BAC Blood 0.14%
  • Reckless driving – no license suspension BAC Blood 0.14% w/ one prior
  • Motion to suppress evidence – Granted, Dismissed BAC Blood 0.15%
  • Refusal stricken, no 1 year license suspension BAC Blood 0.19% — alleged to have refused blood test
  • No license suspension BAC Blood 0.24%
  • No Jail BAC Blood 0.33% — while on DUI probation

Why Put Us on Your Side?

  • Former Prosecutor & Deputy
    District Attorney
  • Top-Notch Representation &
    Experienced Advocacy
  • Well-Respected in the Legal Community
  • Free & Confidential Case Evaluations
  • Thousands of Criminal Cases Won