Criminal Law Information Center


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Frequently Asked Questions about Criminal Defense Law

Q: Do I need a lawyer's help if I am accused of a crime?

A: It is always in your best interest to consult a criminal defense lawyer as early as possible if you suspect you will be facing the criminal justice system. Whether or not you believe you have been wrongfully accused, an attorney will fight for your legal and constitutional rights and monitor the proceedings for legality and fairness. If you cannot afford an attorney, you may be eligible for free legal counsel.

Q: What is the difference between a felony and a misdemeanor?

A: The traditional definition of a felony is a crime that is punishable by a year or more in jail. A misdemeanor is a crime that is punishable by imprisonment of less than one year. Felonies are more serious crimes than misdemeanors.

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Since 1992, the likelihood of an arrest leading to a conviction has generally risen. Although some defendants think that they can "beat the system" on their own, having an experienced criminal defense attorney on your side is the best way to prevent becoming another statistic.

Frank Bell, A Law Corporation

California Criminal Defense Attorney

Criminal convictions carry potentially serious consequences, including jail or prison sentences, excessive fines or probation. It is imperative that you retain an experienced criminal defense lawyer with the knowledge and experience necessary to aggressively defend your rights in court.

I am a California state and federal criminal trial lawyer with nearly 40 years of experience. My firm is located in Redwood City, California. I serve clients throughout San Mateo County and San Francisco County, including the Bay Area. I have the resources and experience necessary to develop and execute defense strategies in matters including but not limited to:

• Arson • Assault • Assault with a deadly weapon • Attempted murder • Auto theft
• Bank fraud • Battery • Burglary • Capital murder • Child abduction
• Computer chip theft • Concealed weapons charges • Conspiracy
• Counterfeiting • Criminal litigation • Criminal threats • Domestic violence
• Drug possession • Drug sales • Drunk driving (DUI) • Embezzlement
• Environmental crimes • Extradition • Extortion • Firearms cases
• Fraud/bad checks/forgery • Habeas corpus • Health care fraud • Hit and runs
• Internet crimes • Major controlled substance violations • Manslaughter
• Marijuana cultivation • Money laundering  • Murder/homicide/violent crimes
• Pornography • Probation violations • Procurement fraud • Reckless driving
• Resisting arrest/assault on police officer • R.I.C.O. • Rape • Sexual assault
• Sex crimes • Solicitation • Solicitation of murder • Stalking • Strike cases
• Tax fraud • Terrorist threats • Theft • Three strikes matters • Vandalism charges
• Violation of restraining order • Warrants • White collar crimes

This page is intended to provide you with a general overview of criminal law. For more information about the process, please review our criminal procedures  page. Contact me to discuss your specific case by calling 1-877-FOB-4LAW.

Criminal Defense - An Overview

Our criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of other industrialized countries. Prison sentences are getting longer and more frequent. If you face the possibility of being accused of a crime, contact an experienced criminal defense lawyer as early in the process as possible, preferably even before questioning or investigation by the police. A skilled attorney can fight for your legal and constitutional rights.

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Constitutional Protections for the Criminal Defendant

The United States Constitution and its subsequent amendments define the scope of governmental power and reserve certain individual rights to the people. The first 10 amendments, also called the Bill of Rights, contain basic, fundamental rights of individuals on which the government may not impinge. Many of these constitutional rights provide protection to criminal defendants in the criminal justice system. The Fourteenth Amendment extends substantive due process rights beyond just the federal system to criminal defendants in state courts where the vast majority of criminal trials occur.

The basic constitutional rights of the criminal defendant permeate every aspect of the criminal justice process. If you have been accused of a crime, whether federal, state or local, a seasoned criminal defense attorney can explain these rights to you and help you to fight for them at every step of the way.

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Classifications of Crimes

Because the negative behavior regulated by the criminal laws varies from relatively minor to devastatingly violent, crimes are classified into levels or degrees. The classification of a crime reflects its seriousness. The actual classification of a particular offense varies depending on the jurisdiction. If you are questioned about a crime or are accused of or arrested for a crime, you should consult an experienced attorney as early in the process as possible. A criminal defense lawyer can explain the particular crime involved and its possible ramifications.

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The Right to Counsel

The Sixth Amendment of the US Constitution guarantees the right to an attorney to anyone facing federal criminal charges. The 14th Amendment and some state constitutions also afford this right to anyone facing state felony charges. Those who are indigent and cannot afford an attorney have the right to have one appointed to them for free. Most people, however, do not understand what the right to an attorney means, when this right attaches or who qualifies for a court-appointed lawyer.

If you are accused of a serious crime, it is essential that you retain the services of an experienced criminal defense lawyer to fight for your legal and constitutional rights throughout the criminal justice process.

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Finding a Job After a Criminal Conviction

If you have been convicted of a crime, you may wonder if you will be able to find employment. Employers are becoming increasingly concerned about knowing whether applicants have criminal records. Part of this concern stems from large jury verdicts that have been rendered against employers for negligently hiring people with criminal histories who subsequently caused harm to others while on the job. Another concern for employers relates to whether they will have to disclose the criminal conviction. For example, if a company is trying to raise capital, it may need to make certain disclosures to a bank. Will the company have to disclose that an employee has a criminal conviction for embezzlement or money laundering?

The laws about which criminal records an employer must or may access, what an employer may ask a potential employee and what the job applicant must reveal vary widely from state to state. If you have a criminal record and seek a job, it is in your best interest to consult with an attorney knowledgeable in criminal law so that you go into the job search fully informed of your rights.

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Frank Bell, A Law Corporation

333 Bradford Street
Suite 270
Redwood City, CA 94063

Phone: 650-365-8300
Toll Free: 877-362-4529
Fax: 650-366-8987

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