If you have a record for arrests or convictions for state crimes, it may be possible to have your record erased or cleaned. This can be helpful in seeking private employment though you may have to still disclose your prior record on government questionnaires. This process involves a motion to seal the arrest record if the charge did not result in a conviction, or a motion to "expunge" if the applicant has been convicted of criminal charges. Usually, you must have successfully completed probation to be eligible for this remedy. It is amazing how few people take the time to clean their record after they have completed probation. While an individual may file the papers on their own to complete this process, often it is helpful to have an attorney do this so that it can be done quickly and accurately. The attorney can also tell you if you are eligible for this important remedy.

If you are not a United States citizen and you commit criminal acts, you may be subject to deportation. Just about any drug offense makes an individual immediately deportable and subject to exclusion from (other than simple possession of small quantity of drugs) the United States for life. Unfortunately, many attorneys never inform or misinform their clients of the immigration consequences of a criminal conviction.

Often, an attorney can help you avoid deportation by arranging for a charge and sentence that will not make you deportable.

Many of the crimes in the Southern California area involve the international border. The federal government has taken a very hard stance on drug crimes as part of the war on drugs. Even a first offender who transports drugs across the border, depending on the type and quantity, may be facing a mandatory sentence of ten or five years without parole.

Many individuals who transport drugs are unknowing couriers or “blind mules” and may be able to obtain legal relief. If you are caught at the border and contraband is discovered in your vehicle, regardless of your guilt or innocence , DO NOT MAKE A STATEMENT TO THE POLICE BECAUSE IT WILL ONLY HURT YOU! The government often dismisses charges against passengers when there is a lack of evidence but almost never dismisses charges when a person admits knowledge of the drugs. Any statement you make may be twisted by the police to appear to make you look guilty even though you are not.

Crimes involving the unlawful entry of non-U.S. citizens are treated equally harshly in the post September 11th environment of this country. Even though a person may have lived his whole life in the United States and have all of his family here, returning to the United States illegally may result in a lengthy prison sentence.

For all border crossing and drug crimes, it is best to hire an attorney.

We are used to hearing the saying “don´t make a federal case out of it”. Most individuals believe that federal cases are more serious than state cases. This is not necessarily true.

The majority of cases are prosecuted by the State. This includes murders, rapes, and many other serious crimes. The federal government becomes involved in a case when one of their laws is broken. The federal government coins money and is responsible for the international and state borders. Therefore, most of the federal crimes involve illegally crossing drugs across borders, alien smuggling, unlawful entry into the United States and financial related crimes. The feds also may prosecute someone for committing crimes through the mail and the unlawful interstate use of telephones, for example telemarketing fraud.

There are serious crimes at both the state and federal level.

After a person has been found guilty, has been sentenced, and lost an appeal, he or she may still be freed by writ of habeas corpus. The habeas petition allows the attorney to re-investigate the case and bring up new information that was not presented to the trial court. Often habeas corpus petitions revolve around the lack of work that was done by the previous attorney.

If your previously attorney did not represent you adequately, you may be able to receive a new trial and eventually be freed or have your criminal record erased. There are strict and complicated deadlines regarding habeas petitions that are best handled by a very experienced attorney. Many criminal attorneys have no experience doing work on habeas corpus cases.

Many clients do not understand the difference between these two stages of a criminal proceeding. Before trial, the client has not been found guilty and will either have the case dismissed, enter into a plea agreement, or proceed to a jury trial. It is important to have the best representation at this stage because the chances of having your case be dismissed are the greatest at the earliest stage of the case.

After a person has been found guilty, he or she has a right to an appeal. It is important to hire an attorney who has written many appeals. The rules governing appeals, including deadlines, are very complex. The appellate court does not sit like a jury but reviews the decision of the lower court (usually the jury) to see if the trial was fair or if their were mistakes made by the judge. An appeal may result in the charges being dismissed, but more often will result in a reversal of the charges. If the charges are reversed, your attorney may be able to have your sentence reduced or negotiate a time served sentence for you.

Many people shop for attorneys like they would for used cars. Unfortunately, like used cars, you usually get what you pay for. Many less than honest attorneys undercharge their clients and then pass the work off to a law clerk or a less qualified attorney. While cost is certainly an important consideration, it should not be the most important factor in your decision. You certainly would not want the lowest paid doctor in the community to handle your heart surgery. The same rule holds true with attorneys.

The following are the factors that you should consider in hiring your attorney:

• Where did your attorney go to law school and how well did he or she do? Most people don´t know that California and several other states have unaccredited law schools that allow individuals to practice law who are not admitted to the American Bar Association.
• How long has the attorney been in practice? You do not want a brand new attorney to learn by mistakes in your case.
• Is the attorney a state criminal law certified specialist? Many attorneys call themselves specialists when in fact this is illegal and unethical. The State Bar of California has a program of certification of a very select few of the finest of criminal defense attorneys who have practiced law for many years, received recommendations from their peers, and passed an additional criminal law examination. Make sure and ask if the attorney is a State Certified Criminal Law Specialist, and if you have any doubts, ask to see a copy of the certification.
• Has the attorney handled your type of case before? Some attorneys build their entire practice around one kind of case, for example Drunk Driving cases, and know little or nothing about drug cases. You want to trust your freedom and future with someone who has familiarity with the type of case of which you have been charged.
• How do you feel about your attorney? This is a very important factor. Is the attorney someone who truly listens to you and appears to care about your case? Will the attorney work on the case himself? Does the attorney return telephone calls? Your gut feeling about the attorney and your degree of comfort are also important considerations.
• What is the track record of the attorney? You should not expect the attorney to quote you figures like batting averages because every case is different. But you do want an attorney who knows when it is best to go to trial and best to plead guilty and who has a demonstrated record of success with his or her “cases”.

Generally, a person needs an attorney when they are under investigation for a crime or when they have been charged with a criminal offense.

Often, it is possible for an attorney to speak with a law enforcement agency and prevent criminal charges from being brought. An example is a person who has not paid their income taxes for several years and who is contacted by I.R.S. investigators. An attorney may be able to negotiate a re-payment agreement that avoids criminal charges being brought and the client being convicted of a serious crime and spending jail time.

It is never a good idea for an individual charged or who is being investigated for a crime to talk to the police without an attorney present. The police may use the statements against the person in court. Everything you tell your attorney is confidential and cannot be disclosed to government agents without your permission. Do not talk to the police if you are suspected of a crime: Call a good attorney immediately!

After charges have been brought, it is essential that you hire a very good attorney. The advantages of hiring your own attorney instead of having a public defender is that you can choose the attorney in whom you have the most faith to handle your important legal affairs. Often, court attorneys are under-staffed and cannot devote the resources necessary to achieve the best result in your case. I often compare the public defender´s office to a free medical clinic and private counsel to a private hospital. Just like you would wish to have the surgeon of your choice, you should have the attorney of your choice.

Having criminal proceedings brought against you is one of the biggest problems you will face in your life. It is important that you hire the very best attorney you can if you are suspected of a crime or have been charged with any crime.

You should contact an attorney immediately. Often an attorney can avoid having you be arrested or work out a resolution for you that does not involve criminal charges. You should also have a trusted friend keep bail money handy in case you are arrested. The police like to arrest individuals on Friday night when it is hard for them to contact individuals and post bail.

Do not make any kind of statement to the police if they come to your house to execute a search warrant or arrest you. This is an example of when “silence is truly golden�.

Regardless of whether you think you are guilty or innocent of a crime, you should never talk to the police before you first talk with an attorney. Most of the time police officers do not audio or video tape your statement so anything you say to them will be interpreted by them. You might remember the movie, “My Cousin Vinny�. One of the young boys makes a statement to the police in an disbelieving manner, “I shot the clerk?�. Later on, this statement is used against him in court as a confession. Statements given to police can easily be taken out of context. Unless you have your attorney present, you have no protection when you give a statement.

Most people believe and the police lead them to believe they will receive a lesser penalty if they confess. Usually, the opposite is true. After you have an attorney and negotiate an agreement, you may receive a benefit from giving information to the police. But the benefit will only come when you have an written agreement that has been approved by your attorney. Do not be mislead by the promises of police officers.

Many people are also surprised that the police lie and are allowed to lie. Think about it; they lie every day when they pretend to be a drug buyer and instead are an undercover narcotics detective or they pretend to be a john and tell the prostitute that they are a customer. The sad truth is the American justice system allows police officers to lie and they will lie to attempt to build their case against you.