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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.

Your Miranda rights and warnings include:

  • Right to remain silent
  • What you say can be used against you in a court of law
  • Right to consult with a lawyer
  • Right to have lawyer present during questioning
  • If you cannot afford a lawyer, one can be appointed for you
  • Right to stop an interview at any time

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!

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Hear it From A Few
Of Our Clients

  • I would recommend Mr. Castillo without any reservation.

    “Ernie Castillo was highly recommended to us. I researched and interviewed a few attorneys before making a decision of who we were going to select. It's so tough selecting when you're skeptical with the horror stories of attorney's not feeling the passion for their work but the money. After long conversations my husband and I decided to go with Ernie to represent our son in a serious case with multiple charges. We were not disappointed at all. Mr. Castillo expertise exceeded our expectations. His was thorough, he kept us up to date on the case, answered all our questions, returned our calls in a timely manner, he's truly a genuine and sincere person. Most of all his knowledge in handling the case was remarkable. I can't express thanks enough to Ernie for the spectacular job he did defending my son who was facing years in jail. He took a stressful situation and relieved it with a positive outcome. I would recommend Mr. Castillo without any reservation.”


  • I would highly recommend Mr Castillo to anyone.

    “Mr Castillo represented me on a criminal case in which I was falsely accused in 2012. He took over the case from a previous lawyer who was less aggressive and not actively pursing my defense. Mr Castillo is a confident, aggressive and very persistent lawyer. He kept my family and I up to date on the case and also returned our calls on time. Mr Castillo persuaded me not to take any deal and wanted take the case to trial because he was confident that he would win. With the Lord's guidance and Ernie's aggressiveness my case was dismissed. I would highly recommend Mr Castillo to anyone.”


  • I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.

    “A few years back, Ernie Castillo represented a family member of mine who was charged with a vehicular offense. Although minor compared to the high profile cases Ernie is accustomed to, Ernie took the case with the utmost professionalism and was able to reduce the charge so that my family member's record was not affected. I can't thank Ernie enough for investing his time and sincere efforts to helping my family out. He truly is a master of his craft.”