Frequently Asked Questions

Criminal DEFENSE

What will happen on my first appearance in court?
​One of three things can happen. First, you learn that the prosecutor is not going to file criminal charges. In this instance, the case is over and you are free to go. Second, the prosecutor has not filed criminal charges due to pending investigation. For example, the prosecutor is waiting for drug or alcohol test results. In this case, you will be given a new court date or told by the court that you will receive a letter in the mail if and when the prosecutor decides to file charges. Lastly, the prosecutor has filed criminal charges against you. If this happens you will be asked if you want to accept a plea agreement or request a new court date to hire an attorney.
Will I have to post bail?
​It depends. Usually by the time your case comes into court it has already been reviewed, and a specific bail amount has been set according to what is known as the Bail Schedule. Your bail can go up or down at the arraignment depending on what charges are filed and what can be shown about your background and history in the community. In many misdemeanor offenses, however, you may be able to avoid posting bail.
How do I find out whether someone is incarcerated?
Riverside County Sheriff’s Department Inmate Locator: http://jimspub.riversidesheriff.org/
San Bernardino County Sheriff’s Department Inmate Locator:  http://web.sbcounty.gov/sheriff/bookingsearch/bookingsearch.aspx
​
​Can I be arrested and/or searched without a warrant?
​Yes, in some instances. If a police officer has probable cause to believe that you have committed a crime or are in the process of committing one the law allows the officer to conduct an appropriate search. A good defense attorney, however, can get illegally obtained evidence suppressed. Furthermore, there are situations where you can be arrested without a warrant. For example, if a police officer witnesses you committing a crime you can be arrested immediately.
What is a felony?
​Felonies are the most serious criminal cases. A case is a felony if the punishment can include state prison. Although some felonies are punishable by life in prison, most cases have fixed sentences. The law of sentencing in felony cases is very complex and has been growing more difficult each year. Depending upon your circumstances, an experienced attorney can help you avoid jail time.
What is a misdemeanor?
​If convicted of a misdemeanor the punishment could mean a fine and/or jail time of up to one year in the county jail. A skilled attorney can fight for a favorable outcome in your case including sentencing alternatives, reduced charges, or in some circumstances having the case dismissed.
The person who called the police on me wants to drop the charges. Why isn’t the case being dismissed?
​The person that makes a complaint to law enforcement has no control of the process. The power to file criminal charges is in the government’s control through their prosecuting agency. The complaining witness, however, may still give input to the prosecutor and the court as the case proceeds.

Immigration

Do I need an Immigration lawyer?
Immigration law is one of the most complex areas of law. Beware of businesses that offer immigration services without having immigration lawyers. These immigration services are usually illegal and can not act as your lawyer. To ensure the best chance of success, it is recommended that you consult with a lawyer.
How much does it cost to hire a lawyer?
​Legal fees will vary from case to case. The factors that go into determining the legal fee include, but are not limited to, the complexity of the case and potential obstacles (i.e., inadmissibility issues). Furthermore, filing fees are required for certain immigration applications. If you have an inability to pay, however, you may qualify for a fee waiver for certain forms. Filing fees are separate from attorney representation fees.
What is deportation?
​When a person is deported that individual is removed from the United States and is returned to that person’s country of origin. A significant legal consequence that may occur from deportation is a prohibition against reentering the United States. There are a number of situations that can lead to a person being deported. In fact, simply being in the United States unlawfully may lead to removal proceedings.
I am an undocumented immigrant, do I have any options?
​You may have more options than you think. Don’t give up hope. Contact our office today to explore what options may be available.
​​WHAT IS THE DIFFERENCE BETWEEN U.S. CITIZENSHIP AND LAWFUL PERMANENT RESIDENT STATUS?
​U.S. citizens are not subject to immigration laws. They may travel outside of the United States without immigration restrictions. In addition, U.S. citizens are also entitled to a number of rights and privileges not available to non-citizens such as voting in U.S. elections. In contrast, a lawful permanent resident, often referred to as “green card” holder, entitles a person to live and work indefinitely in the United States. Those with lawful permanent resident status have many benefits, but are potentially subject to deportation under certain circumstances. Furthermore, lawful permanent residents may also lose their status if they reside outside the United States for an extended period of time.
What is the best way to immigrate to the United States?
​Many non-citizens enter the United States every year in temporary legal statuses. There is no “best” way to immigrate to the U.S., because the options will vary from person to person. An experienced immigration attorney can provide you with a strategy plan outlining your most viable options.
​How can I check the status of my application?
​You can check the status of your application by phone, email or online. If you do not understand the status of your application our office will be happy to explain it to you. You may also track your current case at www.uscis.gov using the “Check your Case Status” link.