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FAQs About Criminal Procedure in Oakland

Are you facing criminal charges in Oakland or anywhere else in the East Bay? If so, and this is your first brush with the “wrong side of the law,” you probably have a lot of questions and understandably so. In order to help you better understand criminal procedure in California, we created a list of frequently asked questions. Continue reading as we help you better understand the criminal court system.

Should I talk to the police after I am arrested?
Following an arrest, we advise defendants NOT to speak to the police until after receiving advice from a criminal defense lawyer.

I was never read my Miranda Rights, will my case be dismissed?
Unfortunately, that is unlikely. While not being read your constitutional rights may impact the outcome of your criminal case, the fact that the police did not properly advise you of your rights does not mean that it will be automatically dismissed in court. However, definitely bring this issue up to your defense lawyer so he or she can see which legal remedies may apply.

Am I automatically entitled to a public defender?
No, not necessarily. Those who are described as “indigent” or extremely poor are usually entitled to a public defender. Your income will have to be low enough to qualify.

What happens if I miss my court date?
Missing a court date is serious; if you forget your court day or decide not to show up, it will likely result in the judge issuing a bench warrant for your arrest. If you missed a court date for any reason, contact our criminal defense firm immediately. It’s best to have a defense attorney explain to the court what happened, rather than wait to be arrested.

When does the judge set bail?
Suppose you are in custody during your arraignment (your first court hearing), in that case the judge would set bail during the arraignment, after he or she considers the facts of the case, your criminal background, and whether you’re perceived as a “threat” to society.

If you are facing criminal charges in Oakland, we urge you to contact our firm to schedule a free case evaluation with Attorney Ahmed!

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