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Frequently Asked Questions About Criminal Defense

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

A: It is 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. Exact definitions may vary by jurisdiction.

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

The criminal justice system can be overwhelming and frightening. The incarceration rate in the United States is much higher than that of many 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 criminal defense lawyer can fight to protect your legal and constitutional rights. Don't delay. Call today to schedule a consultation.

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 ten 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 14th Amendment extends substantive due-process rights beyond the federal system to criminal defendants in state courts, where the vast majority of criminal trials occur.

Classifications of Crimes

Because the negative behavior regulated by 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.

The Right to Counsel

The right to legal counsel is a fundamental right of criminal defendants under the U.S. Constitution. Many state constitutions also include this right, and some states provide broader rights to counsel than the federal constitution does. However, state defendants are still entitled to lawyers in certain scenarios, even if their state constitutions do not provide such rights, under the federal constitution via the 14th Amendment.

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 fear 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 worry for employers relates to whether they will have to disclose employees' criminal conviction to others. 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?

Criminal Defense Resource Links

Capital Defense Handbook For Defendants and Their Families
"Capital Defense Handbook For Defendants and Their Families" provides information and advice about death-penalty cases from the defense point of view.

ACLU: Prisoners' Rights
Resource provided by the American Civil Liberties Union with information on national and state efforts to recognize and protect prisoner's rights.

Justice Denied
"Justice Denied" is a magazine devoted to helping people who have been wrongly convicted of crime in the U.S. and internationally.

The Sentencing Project
A national leader in the development of alternative sentencing programs and in research and advocacy about criminal justice policy.

Prison Policy Initiative
The Prison Policy Initiative conducts research and advocacy about incarceration and criminal justice policy.