Frequently Asked Questions: Criminal Defense

Oakland Criminal Defense Attorney Provides Answers

As a criminal defendant, you are likely unaware of the available options that you have and the rights you possess. At The Castillo Law Office, we are devoted to ensuring that our clients obtain a comprehensive knowledge of their cases and understand what they can do to either reduce or dismiss the charges they face.

Part of the criminal process is asking your attorney questions, and our Oakland criminal defense attorney can provide you with answers. We make ourselves available for your convenience. Below, we have compiled a list of some of the frequently asked questions that our clients ask and corresponding answers.

Do I have to provide my consent to allow the police to perform a search of my home or car?

You will never need to consent to a search by the police unless a warrant is presented. Although you may be threatened by the officer with detainment, until they obtain a warrant, you have the right to decline to consent. Even when you have nothing to hide, you have the right to protect yourself and your property.

Does the police officer have to read me my rights?

If you are arrested, the police are not required to read you your Miranda rights. If, however, you are questioned and have not been read you your rights, nothing you say can be used as direct evidence against you at trial.

What should I do if I am arrested?

If you are arrested for allegedly committing a criminal offense, you should not make any statements to the police and should not discuss your case with anyone. You should exercise your rights to remain silent because what you say will likely be used against you. Your first step should be to hire a qualified and knowledgeable Oakland criminal defense attorney from our firm.

Will my case go to trial?

Whether your case will go to trial depends on your specific charges and your selection of an attorney. If charges are filed against you and a resolution is unable to be reached, you will need to go to court. Trial can be avoided in some cases by convincing the plaintiff that their time will be wasted by pressing charges. In some cases, however, your right to a jury trial can be very beneficial, especially when an aggressive trial attorney from our firm is by your side.

When do the police need a warrant to make an arrest?

When the police have probable cause to believe that a crime has been committed by the specific individual they wish to arrest, they can make an arrest without having a warrant. The exception is if the arrest occurs at the alleged offender's home. The police officer will need to have a warrant to arrest the person at his or her home if the arrest is for a simple crime.

Legal Guidance from The Castillo Law Office

Once you have read through the frequently asked questions on this page and feel that you have obtained a basic understanding of some criminal defense issues, we can begin to build your case. We offer a free case evaluation to help you understand your specific rights and options that are unique to your case. At The Castillo Law Office, we are devoted to providing high-quality representation and aggressive advocacy to pursue the best possible outcome.

Contact our firm at your earliest convenience to get started!

Schedule Your Free Consultation

You deserve to have access to top-notch legal representation, and we are prepared to provide you with just that! For more information about our services or to request your free consultation, be sure to give us a call today!

We are proud to represent clients throughout Oakland, Antioch, Concord, Hayward, Livermore, Richmond, San Leandro, as well as the Alameda and Contra Costa counties.

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