Our criminal defense work is the heart of our practice.
Our office handles three main types of cases:
- Felonies;
- Misdemeanors; and
- Juvenile Cases.
Below you will find more information about each of these case types. For more information, you can also visit our FAQ page.
What happens if I'm charged with a felony?
The law defines crimes in terms of punishment. A felony is a crime that can be punished by up to one year in the county jail (if probation is granted) or a longer term in state or local prison (if probation is denied).Here's what usually happens when you're charged with a felony:
The first court appearance you will make after an arrest is called an arraignment. If you are in custody and eligible for our services, the Public Defender will represent you at this hearing. Before you go to court, an attorney will interview you. In the course of that interview, he/she will:
1) explain the charges that have been filed against you in what is called a “complaint";
2) go over the police report with you so you know the allegations you are facing;
3) find out from you what really happened;
4) determine what legal motions and investigation needs to be done;
5) answer your questions; and
6) begin to formulate your defense.
Alameda County Public Defenders are all licensed attorneys. They come from some of the finest law schools in the country. They have all passed the California State Bar and more than 60% of them have at least a decade of experience. They are Public Defenders because they are especially adept at courtroom litigation and want to practice nothing but indigent criminal defense. Each Public Defender has completed a comprehensive training program that is widely regarded as the finest in the state.
When you appear in court, your Public Defender will appear with you. When the judge asks you to enter a plea most defendants initially enter a "not guilty" plea – even if they ultimately hope to settle their case short of trial. (A "not guilty" plea can easily be changed, but a "guilty" or "no contest" plea is hard to rescind.)
If you are in custody, your Public Defender may also bring up the issue of bail. Initially, your bail will be set according to a bail schedule determined by Alameda County superior court judges. Your lawyer can ask the court to lower the standard bail or release you on your promise to appear in court. Such a request can be based upon a variety of factors including:
- The seriousness of the crime;
- Your ties to the community;
- Your history of appearing in court;
- Your work record;
- Your prior criminal record; and,
- Public safety.
3. Pretrial Hearing
The pretrial hearing is an opportunity to see if your case can be settled without a trial. This is sometimes called "plea bargaining" and it occurs in every case. Your Public Defender will meet with the district attorney with the goal of reducing the charges and sentence in exchange for your plea of "guilty" or "no contest."
If you decide to accept a plea bargain, you will be asked to give up your right to have a jury trial. You may then enter a plea of “guilty” or “no contest.” Your case will then be referred to the probation department for a "presentence report" and continued at least 28 days for sentencing.
Plea bargaining is often a sensitive and difficult process. Here’s how it works. Your Public Defender will challenge the police’s version of the events, present you and your side of the story in the most favorable light, and push hard to get you the best deal possible. The one thing your Public Defender won’t do is disclose confidences that you have shared with them. When the negotiations are concluded, the proposed plea bargain (often referred to as the "offer") will be presented to you.
The decision to accept or reject the “offer” rests with you and you alone. If you choose not to enter into a plea bargain with the district attorney, the court will calendar your case for a preliminary examination.
Public Defenders in Alameda County are recognized throughout the state for the exceptional plea bargains they get for their clients. But the fact that your Public Defender vigorously pursues the best settlement in your case does not mean that they expect you to plead guilty. In every case, our attorneys pursue two parallel goals that may, at first glance, seem to be mutually exclusive. They are: 1) obtain the best possible resolution or plea bargain; and 2) prepare the case for trial.
A preliminary examination is a pretrial hearing at which the judge determines whether there is “probable cause” to believe that a crime was committed and that the defendant was involved in that crime. No one is ever found guilty or innocent at the end of a preliminary hearing.
The “probable cause” standard is a very low hurdle to clear; if the judge believes you could have committed the crime, you will be "held to answer." All this means is that the judge thinks there is enough evidence to let a jury decide the question of guilt or innocence. It is useful to remember that everyone who is found not guilty by a jury of felony charges was held to answer at the end of the preliminary hearing.
During the preliminary hearing your Public Defender will cross examine the district attorney's witnesses and can present evidence on your behalf. They will often use these tools to bring evidence to light that will help you during plea bargaining or trial.
5. Arraignment on the Information
If you are “held to answer” at the end of the preliminary hearing, the district attorney has 15 days to file an “information” containing the felony charges it seeks to prove at trial. The charges in the information must be the same as those that were proven at the preliminary hearing.
If a Public Defender represented you at the preliminary hearing, they will also represent you at your arraignment on the information. When you go to court, the judge will ask you again to enter a plea and will set future court dates, including a date for a pretrial hearing.
6. Post-Preliminary Hearing Pretrial Hearing (Dispo & Set)
The post-preliminary hearing pretrial is the last negotiating session before trial. The goal is to get you the very best plea bargain available. The decision to accept or reject the district attorney's offer rests with you and you alone.
At the hearing, your Public Defender will meet with the district attorney and weave together the facts of the case, the testimony at the preliminary hearing and your life history to create the most favorable portrait of you possible. The offer that comes out of these negotiations may be better or worse than the one you received before the preliminary hearing.
Our attorneys will offer advice as to the most likely outcome of a trial, based upon their extensive experience and the evidence that is likely to be presented. But the decision to go to trial [or “plea bargain” the case] will be yours and yours alone. You can be certain that your attorney will honor your decision to go to trial and will fight for you whatever decision you make.
7. Trial
Every criminal defendant has the right to a trial by jury. Because every person accused of a crime is presumed to be innocent, the burden is on the district attorney to convince 12 jurors that you are guilty "beyond a reasonable doubt."
Most felony trials last at least one week, and some can take more than a month. All 12 jurors must agree in order to convict or acquit a person. Alameda County Public Defenders are among the best trained criminal defense attorneys in the country. Your attorney will select an impartial jury, present an opening statement, cross examine the witnesses who testify against you, present witnesses or evidence on your behalf and give a powerful closing argument to the jury.
What happens if I'm charged with a misdemeanor?
The law defines crimes in terms of punishment. A misdemeanor is a crime whose maximum punishment is one year in the county jail.
Here's what usually happens if you're charged with a misdemeanor:
The first court appearance you will make after an arrest is called an arraignment. If you are in custody and eligible for our services, the Public Defender will represent you at this hearing. Before you go to court, an attorney will interview you. In the course of that interview, they will:
1) explain the charges that have been filed against you in what is called a “complaint";
2) go over the police report with you so you know the allegations you are facing;
3) find out from you what really happened;
4) determine what legal motions and investigation needs to be done;
5) answer your questions; and
6) begin to formulate your defense.
It is important to tell your Public Defender everything about your case. Be sure to bring any materials that you think might be relevant. The interview is strictly confidential and will not be disclosed to the court or the district attorney.
You should not speak to anyone about your case except your Public Defender. This is especially true for other inmates, but also includes friends and family members. Remember that jail telephone calls are monitored and anyone with whom you discuss the case could be called to testify at trial against you.
Alameda County Public Defenders are all licensed attorneys. They come from some of the finest law schools in the country. They have all passed the California State Bar and more than 60% of them have at least a decade of experience. They are Public Defenders because they are especially adept at courtroom litigation and want to practice nothing but indigent criminal defense. Each Public Defender has completed a comprehensive training program that is widely regarded as the finest in the state.
When you appear in court, your Public Defender will appear with you. When the judge asks you to enter a plea most defendants initially enter a "not guilty" plea – even if they ultimately hope to settle their case short of trial. (A "not guilty" plea can easily be changed, but a "guilty" or "no contest" plea is hard to rescind.)
- The seriousness of the crime;
- Your ties to the community;
- Your history of appearing in court;
- Your work record;
- Your prior criminal record; and
- Public safety.
3. Pretrial Hearing
The pretrial hearing is an opportunity to see if your case can be settled without a trial. This is sometimes called “plea bargaining” and it occurs in every case. Your Public Defender meets with the district attorney with the goal of securing a reduction of the charges and sentence in exchange for your plea of "guilty" or "no contest".
The decision to accept or reject a plea bargain rests with you and you alone. If you decide to accept the plea bargain, you will be asked to give up your right to a jury trial. You will then enter a plea of guilty or no contest. Typically, your sentencing will occur the same day.
If you choose not to accept the plea bargain, the court will calendar your case for trial.
Plea bargaining is often a sensitive and difficult process. Here’s how it works. Your Public Defender will challenge the police’s version of the events, present you and your side of the story in the most favorable light, and push hard to get you the best deal possible. The one thing your Public Defender won’t do is disclose confidences that you have shared with them. When the negotiations are concluded, the proposed plea bargain (often referred to as the "offer") will be presented to you.
Public Defenders in Alameda County are recognized throughout the state for the exceptional plea bargains they get for their clients. But the fact that your Public Defender vigorously pursues the best settlement in your case does not mean that they expect you to plead guilty. In every case, our attorneys pursue two parallel goals that may, at first glance, seem to be mutually exclusive: 1) obtain the best possible resolution or plea bargain; AND 2) prepare the case for trial.
Our attorneys will offer advice as to the most likely outcome of a trial, based upon their extensive experience and the evidence that is likely to be presented. But the decision to go to trial [or “plea bargain” the case] will be yours to make. You can be certain that your attorney will honor your decision to go to trial and will fight for you whatever decision you make.
4. Trial
Every criminal defendant has the right to a trial by jury. Because every person accused of a crime is presumed to be innocent, the burden is on the district attorney to convince 12 jurors that you are guilty "beyond a reasonable doubt."
Most misdemeanor trials last about a week. All 12 jurors must agree in order to convict or acquit a person. Alameda County Public Defenders are among the best trained criminal defense attorneys in the country. Your attorney will select an impartial jury, present an opening statement, cross examine the witnesses who testify against you, present witnesses or evidence on your behalf and give a powerful closing argument to the jury.
The Alameda County Public Defender’s Office provides zealous representation of children who appear in juvenile delinquency court and truancy court, from their first court appearance until the case has been resolved. Our role is to defend the child against all allegations that have been made against them by evaluating the charges, conducting proper investigation, exploring all possible defenses and vigorously advocating on behalf of the child in all court proceedings. Our advocacy extends to ensure that the needs of the child are met through education, guidance, and treatment to get young people on the right track for success. By law, public defenders must represent the child’s stated or expressed interest, even if this is in conflict with a parent’s wishes.
Below is some information about what happens in juvenile court:
What is Juvenile Court?
The public defender’s office represents youth in delinquency and truancy proceedings with the goal of rehabilitation:
- Juvenile Delinquency—charges against children for criminal-type behavior;
- Truancy—habitual failure to attend school.
The public defender’s office does NOT represent parents in juvenile dependency cases.
When a Child is Arrested
When a child is arrested for allegedly committing a crime, the arresting officer may decide whether or not to send the child to the probation department. If the child is not sent to probation, the child may be released with just a warning, or referred to a police-run diversion program. If the child is sent to probation, the officer must also decide whether to release the child with a promise to appear or whether to physically take the child to juvenile hall.
When a Child is Referred to Probation
When the probation department receives a child’s case from the police, the probation officer will decide whether or not to send the case to the District Attorney’s Office. The child may be released with a warning or referred to a probation-run diversion program. If the case is sent to the District Attorney, it will be up to the District Attorney to file formal charges against the child. When a child is brought to juvenile hall by the police, the probation officer must also decide whether or not to continue to hold the child in custody.
When the District Attorney decides to file formal charges against a child, those charges are contained in a document called a juvenile delinquency petition. Whenever a petition is filed against a child, the child has the absolute right to be represented by an attorney,usually an attorney with the Public Defender’s Office.In some cases, a youth will receive a court-appointed attorney instead of a public defender. For example, if two youth are arrested for the same crime, the public defender’s office will represent one youth and a court-appointed attorney will represent the other.
When a Child is Placed on Probation
When a child is placed on probation, they are generally allowed to continue living with their family under the supervision of a probation officer. A variety of probation conditions may be imposed, including community service hours, counseling payment of victim restitution, and drug testing, among many others. Periodic progress report hearings are scheduled for the judge to review and monitor the child’s performance on probation. The public defender’s office continues to represent youth throughout all progress reports. When the judge is satisfied that the child has been rehabilitated, the child’s probation will be dismissed. When a case is dismissed, the public defender’s office will request automatic sealing of the case, unless it is prohibited by law.
Detention Hearings
If a juvenile delinquency petition is filed against a child who is in custody at juvenile hall, a detention hearing will be held d, typically within three business days of the youth’s arrest. At the detention hearing, the judge must decide whether to continue to hold the child in custody or to release them. When a child is released from custody, they may be given a straight release, placed on home supervision, or placed on electronic monitoring (GPS) with strict conditions of supervision.
Pretrial Hearings
The purpose of the pretrial hearing is to see whether the charges contained in the petition can be settled prior to trial or not. It is very common for the prosecuting attorney to allow a child to admit to less serious charges and to dismiss some charges against the child in exchange for the child giving up his or her right to have a trial. As in adult court, a child is presumed to be innocent of the charges contained in the petition and has the absolute right to require the District Attorney to prove that the charges in the petition are true at a trial.
Jurisdictional Hearings
A trial in juvenile court is known as a jurisdictional hearing. Unlike in adult court, a jury does not decide the child’s guilt or innocence. Instead, all jurisdictional hearings in juvenile cases are court trials where the judge alone determines the outcome of the case. As in adult trials, witnesses are questioned in court, evidence is presented, and the burden is on the District Attorney to prove that the child committed the crime(s) charged in the petition beyond a reasonable doubt. If none of the charge(s) in the petition are proved to be true, the petition is dismissed and the case ends.
Disposition Hearings
A disposition hearing is similar to a sentencing hearing in adult court. Prior to the disposition hearing, the Probation Department will prepare a disposition report describing the child’s history, the details of the crime, and recommendations for rehabilitation. At the disposition hearing, the judge generally must decide whether to place the child on some form of probation or whether to send the child to out-of-home placement instead.
Out-of-Home Placement
When a child is sent to out-of-home placement, the child is ordered to complete a program before being allowed to return home to his or her family. Programs vary in size, location, and objectives. Out-of-home placements include juvenile camps, group homes, and residential treatment facilities, among others. Although programs vary in length, the average placement will take roughly six months to complete.
The Public Defender’s Office appears at all court dates for children who are sent to placement. If there are any concerns about placement, treatment, or duration of placement, the attorney will address these concerns with the court.
Transfer Hearing
If a youth has committed certain crimes listed in Welfare and Institutions Code 707(b) while over the age of 16, a judge can transfer the youth to adult court through a lengthy hearing called a “transfer hearing”. The public defender’s office zealously represents youth in order to prevent transfer to adult court.
Collaborative Courts
The Alameda County Collaborative Court is premised on the recognition that many youth become involved in the justice system as a result of their unmet mental health needs. The Collaborative Court is a therapeutic model designed to provide these youth with an array of wraparound services designed to keep them home with their families by addressing their civil and legal needs. The services provided to the youth can include intensive case management, mental health treatment, medication, support from educational specialists, and advice from social workers on accessing government benefits. Collaborative Court is a voluntary program and youth and their families may opt out at any point.
Girls' Court
The Girls’ Court strives to provide a non-adversarial, trauma-informed court experience to address young woman’s unique challenges and to prevent the sexual exploitation of young women and gender non-conforming youth.
Truancy Court
If a youth has three or more unexcused absences/tardies in a school year and has failed informal truancy prevention programs through the school and the District Attorney’s office, the youth can be deemed to be a habitual truant and can be placed on probation through the juvenile court.
If a youth is placed on truancy probation, conditions of that probation might include: periodic progress reports, community service, counseling, and ankle monitoring.
Are juvenile findings the same as adult convictions?
No. A juvenile finding is not a conviction. Therefore, the youth generally does not have to disclose a juvenile finding if asked if he or she has ever been convicted of a crime.
Do juvenile findings count as "strikes"?
Although juvenile adjudications generally are not considered criminal convictions, crimes listed in Welfare and Institutions Code section 707(b) can constitute an adult strike offense if committed when the youth is 16 or older.
Are juvenile proceedings confidential?
Generally, juvenile proceedings are strictly confidential. In most cases, court proceedings are closed to the general public and only people with a sufficient interest in the case may be present in court (such as the child’s family). In addition, records of juvenile court proceedings are also confidential. Although the child, the child’s parents, the child’s attorneys, and representatives from certain agencies have the right to inspect juvenile case files, most other people must file a motion with the juvenile court in order to access such records. Juvenile case files remain strictly confidential unless the court finds a good reason for the file (or parts of the file) to be disclosed to certain individuals for a specific reason.
Can juvenile records be sealed?
The Public Defender’s Office requests automatic sealing of every eligible petition upon dismissal of the juvenile court case. Crimes listed in Welfare and Institutions Code 707(b), when committed over the age of 14, are not eligible for automatic sealing. Additionally, if a youth continues to commit crimes or engage in delinquent behavior, a judge can refuse to seal a petition for lack of rehabilitation.
Once the court has ordered a person’s record sealed, the proceedings in the case, by law, shall be deemed to have never occurred and the youth may legally declare that they have never been arrested and no finding has ever been made against them. However, please note that law enforcement agencies and branches of the military continue to have access to criminal history records, including arrests, even after a record has been ordered sealed.