What Does It Really Mean to Be Charged With a Crime?

Getting charged with a crime is something no one expects to happen to them. And most people don’t really understand what it means or the impact it can have on their life.

At The Nieves Law Firm, we’re passionate about educating our clients about how the criminal justice system works. In this post, we’ll break down what it really means to be charged with a crime in California.

The Difference Between Being Arrested and Charged

There’s a big difference between being arrested and being formally charged with a crime:

• An arrest happens when the police take you into custody or issue a citation to appear based on probable cause that you committed a crime.
• Being charged with a crime is when the prosecutor formally accuses you of a criminal offense, either through a complaint, information, or indictment.

While an arrest often leads to criminal charges, they are separate events. You can be arrested but released without charges if the prosecutor decides there isn’t enough evidence. Even then, the arrest itself can still appear on your criminal record. This is why it’s so important to consult a criminal defense lawyer immediately so that we can begin exploring your options.

How Are Criminal Charges Filed in California?

Here’s a breakdown of the key steps:

1. Police Investigation: After an arrest or report of a crime, the police investigate to gather evidence. This may involve witness interviews, search warrants, lineups, and forensic analysis.
2. Referral to Prosecutor: If the police believe there is enough evidence, they refer the case to the prosecutor’s office for review.
3. Prosecutor Review: The prosecutor evaluates the evidence to determine if there is sufficient proof to convict in court. They consider if the evidence appears reliable and admissible.
4. Formal Charges Filed: If the prosecutor decides to move forward, they file formal criminal charges through a complaint, information, or indictment. This is the official start of the court case against you. A case number gets created, and a court date gets assigned.
5. Arraignment: Shortly after charges are filed, you are brought before a judge for your first court appearance, called an arraignment. Here the charges are read, and you enter an initial plea of guilty, not guilty, or no contest.

The specific procedures may vary depending on the severity of the charge (felony or misdemeanor) and the facts of the case. Our California criminal defense lawyers can guide you through this process and protect your rights.

Felony vs. Misdemeanor Charges

Criminal charges in California fall into three main categories:

1. Infraction: The least serious type of offense, usually punishable by a fine like a traffic ticket.
2. Misdemeanor: More serious than an infraction, a misdemeanor can result in probation, fines, and up to one year in county jail. Examples include first-offense DUIs and possession of small amounts of drugs.
3. Felony: The most serious type of crime, felonies are punishable by more than one year in custody or even life sentences. Examples include murder, rape, robbery, and sale of drugs.

Some crimes, called “wobblers,” can be charged as either a misdemeanor or felony depending on the circumstances and your criminal history. An experienced attorney can often negotiate to have wobbler felonies reduced to misdemeanors.

Potential Impacts of Criminal Charges

Beyond jail time and fines, criminal charges can impact your life in profound ways:

• Employment: A criminal record can severely limit your job opportunities. Many employers run background checks and may have policies against hiring people with convictions.
• Housing: Landlords often conduct background checks, and a criminal record can make it very difficult to rent an apartment or home. Some offenses can even make you ineligible for public housing.
• Education: Criminal convictions can affect your ability to attend college, as many applications ask about your criminal history. You may also lose eligibility for federal student loans and grants.
• Professional Licenses: If you hold any professional licenses (doctor, nurse, lawyer, teacher, etc.), a conviction can lead to suspension or revocation of your license.
• Child Custody: Criminal charges can be used against you in child custody disputes. Depending on the offense, you may lose visitation rights or even primary custody.
• Immigration: For non-citizens, certain convictions can lead to denial of naturalization, denial of reentry, or deportation proceedings, even for green card holders.

This isn’t meant to scare you but rather to emphasize how critical it is to take criminal charges seriously from the very beginning. The decisions you make now can affect the rest of your life.

How Our Criminal Defense Lawyers Can Help

If you’re facing criminal charges in California, your first call should be to an experienced defense attorney. At The Nieves Law Firm, we’re here to guide you through this stressful process and fight tirelessly for your rights.

When you hire us, here’s what you can expect:

• Thorough Case Review: We’ll examine the evidence against you to identify weaknesses in the prosecution’s case and potential legal defenses.
• Personalized Strategy: Every case is different, and we’ll develop a defense strategy tailored to your specific situation and priorities.
• Skilled Negotiation: In many cases, we’re able to negotiate with prosecutors for reduced charges, alternative sentencing, or even dismissal of the case.
• Aggressive Courtroom Defense: If your case goes to trial, we have the skills and experience to present a compelling defense before a judge and jury.
• Compassionate Guidance: We understand how overwhelming this experience is, and we’re here to answer your questions, explain your options, and provide support at every stage.

Remember, being charged with a crime doesn’t define who you are. With the right legal team in your corner, you can get through this difficult time and move forward with your life.

At The Nieves Law Firm, we’re not here to judge you. We’re here to defend you with skill, compassion, and unwavering commitment. If you or a loved one are facing criminal charges in California, contact us today to schedule a consultation.