LOS ANGELES CRIMINAL DEFENSE ATTORNEY
If you have been cited or arrested for a crime in California, the most important thing that you can do to avoid a jail or prison sentence is to hire a criminal defense attorney.  Most misdemeanors carry a maximum sentence of six months or one year in county jail, and felonies carry even longer terms in State Prison.  But this does not mean that you must do jail time on a felony or a misdemeanor.  Quite to the contrary, our office helps 95% of clients avoid any jail time at all.  Here are some of the ways your Los Angeles Criminal Defense Attorney can help you stay out of jail. 

AVOIDING A FILING OF YOUR CRIMINAL CASE
Just because the police saw fit to arrest you or cite you based on their belief that you violated a law, does not mean that you have been charged with anything.  Typically, an arresting officer prepares a report, a detective goes over the report, and conducts additional investigation, then the police send their findings to the District Attorney, who reviews the case for filing.

If you get your Los Angeles Criminal Defense Attorney involved early, they can find out who the investigating detective is in your case and discuss their recommendation to the District Attorney.  Sometimes, an investigating officer will agree not to submit a case to the DA for filing, or might agree to instead forward the matter to the City Attorney as a misdemeanor.  Getting your case thrown out or reduced before it ever leaves the police station is the best way to keep your record clean and keep you out of jail.

Once the police have forwarded their findings to a prosecuting agency (District Attorney or City Attorney), a staff attorney at that agency will review the case for filing.  Again, your attorney might be able to persuade the prosecutor not to file the case, or to file it as a lesser charge.  Either way, you will have been in a much better position than if you simply waited until your court date to hire an attorney or have the public defender appointed.  If you cannot afford an attorney, the public defender will not be appointed until you get to court, so you may miss out on the opportunity to have an attorney defend you pre-filing.

GETTING YOUR CASE DISMISSED
If your case is filed, but has some major flaw, or if evidence was obtained unlawfully, there may be a wide range of reasons to dismiss your case.  If your case is dismissed, you will not be convicted and will not serve any jail time.  Cases can be dismissed at motion hearings, preliminary hearings, or at any such time as the prosecutor agrees to withdraw prosecution in your case.  Additionally, some matters may be eligible for pretrial diversion (where you avoid a conviction) or a civil compromise (where you can avoid a conviction on a misdemeanor with consent of the "victim").

PLEA BARGAINING
Most criminal cases do not go to trial.  Instead, the government procures most of its convictions through guilty pleas.  In order to entice defendants to give up their trial rights, the prosecutors must make certain concessions.  In some cases, a defendant needs a certain outcome for immigration or employment purposes, other times avoiding jail is the defendant's primary objective.  A good criminal defense attorney can point out weaknesses in the government's case and use those weaknesses to negotiate a no jail offer on your behalf.

WINNING YOUR CASE AT TRIAL
If you are acquitted by a jury of the charges in your California criminal case, you will not do any jail time.  While trial is time consuming and expensive, asserting your right to trial might be the only way to achieve the outcome you deserve.  Whether because of weak evidence or a breakdown of plea negotiations, your decision to go to trial gives you a chance to avoid a conviction altogether and to avoid jail time.

ALTERNATIVE SENTENCING
If all else fails and you are to be sentenced to jail or prison time, you may be eligible to custody alternatives like community service, community labor, work release, home monitoring or rehabilitation.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

If you have been arrested or are facing criminal charges, contact the Law Offices of Nicholas Loncar for a free consultation.

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar