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Arrested. Under investigation. A detective wants to talk. You need legal representation, but what does a criminal defense lawyer actually do, and when should you call one?
A criminal defense lawyer represents people accused of crimes. They investigate your case, challenge the prosecution’s evidence, negotiate with district attorneys, and defend you at trial if necessary. Their job is to protect your constitutional rights and fight for the best possible outcome, whether that means getting charges dismissed, reduced, or winning at trial.
The decision to hire a criminal defense lawyer is not a question of guilt or innocence. It is a question of whether you want someone who knows the system fighting for you when prosecutors, police, and judges hold all the institutional power.
Call (866) 811-4255 for a free case review. We answer 24 hours a day for emergencies.
A criminal defense lawyer provides legal representation to anyone accused of a crime, from misdemeanors to serious felonies to federal charges. They do not determine guilt or innocence. That is the jury’s job, or the judge’s in a bench trial. The defense lawyer’s job is to hold the government to its burden: prove every element of the crime beyond a reasonable doubt.
Defense attorneys handle every stage of a criminal case. They investigate the facts, interview witnesses, review police reports, and analyze physical evidence. They file motions to suppress evidence obtained through illegal searches or coerced statements. They negotiate plea agreements with prosecutors when that serves the client’s interest. They prepare for trial when it does not.
Defense lawyers also explain what you are facing. The criminal justice system operates in its own language, with its own procedures, and its own consequences. Most people charged with crimes have never been through it before. Your attorney translates the system, explains your options, and advises you on decisions that could determine whether you spend years in prison or walk out of court.
The prosecutor represents the state of California. They work with law enforcement. They have the resources of county and state government behind them. You need someone on your side who knows how they operate.
Defense attorneys are also different from civil lawyers. Civil cases involve disputes between private parties over money, contracts, or property. Criminal cases involve the government seeking to punish you with jail time, fines, probation, or a permanent criminal record. The stakes are higher. The rules are different. You need a lawyer who practices criminal defense, not someone who handles divorce or business disputes.
Criminal defense lawyers represent clients accused of any crime under California law or federal law. Cases fall into broad categories based on severity and subject matter.
Misdemeanors are less serious crimes punishable by up to one year in county jail, fines, or probation. Common misdemeanor charges include DUI (first or second offense without injury), petty theft (shoplifting under $950), simple assault or battery, vandalism, trespassing, and disorderly conduct. A misdemeanor conviction still creates a criminal record that can affect employment, housing, and professional licensing.
Felonies are serious crimes punishable by more than one year in state prison. Felony charges include drug trafficking or large-scale possession with intent to sell, burglary (entering a building to commit theft or another felony), robbery (theft using force or fear), assault with a deadly weapon, domestic violence with serious injury, rape and sexual assault, manslaughter, and murder. Felony convictions carry prison sentences, loss of voting and firearm rights, and a permanent record that follows you for life.
White collar crimes involve fraud, theft, or deception in business or financial contexts. Examples include embezzlement, identity theft, credit card fraud, insurance fraud, tax evasion, and money laundering. Federal agencies like the FBI or IRS often investigate white collar cases. These cases involve complex financial records and can result in federal charges.
Sex crimes include offenses like sexual assault and rape, child molestation, indecent exposure, solicitation of a minor, possession or distribution of child pornography, and failure to register as a sex offender. Sex crime convictions often require lifetime registration as a sex offender under California Penal Code 290, which restricts where you can live and work.
Juvenile crimes involve defendants under age 18. Juvenile court handles cases differently than adult court, focusing on rehabilitation rather than punishment. Common juvenile charges include underage DUI, shoplifting, vandalism, possession of marijuana or alcohol, simple assault or battery, and curfew violations. Juvenile records can sometimes be sealed, but serious crimes (murder, rape, robbery) can result in transfer to adult court.
Defense lawyers also handle DUI defense, child abuse charges, drug offenses, weapons charges, probation violations, expungements, and appeals. If the government is accusing you of a crime, a criminal defense lawyer can represent you.
The best time to hire a criminal defense lawyer is before you talk to police. The worst time is after you have already made statements that hurt your case.
You have the right to remain silent. You have the right to an attorney. Police must tell you this after you are arrested (Miranda warnings), but those rights exist before arrest, too. If detectives contact you for questioning, if you are under investigation, if officers ask you to “come down to the station to clear things up,” you can and should say: “I want to speak to my attorney.” Then you call (866) 811-4255.
Here are the critical moments when you need a criminal defense lawyer:
Before speaking to police. Anything you say can and will be used against you. Police are allowed to lie during interrogations. They can tell you “it will be easier if you just tell us what happened” or “your friend already told us everything” or “we just need your side of the story.” None of that means you should talk. Once you make a statement, you cannot take it back. Even if you are innocent, even if you think you can explain, call a lawyer first.
As soon as you are arrested or charged. If you are arrested, booked, and given a court date, hire an attorney immediately. Your arraignment (first court appearance) happens within 48 hours if you are in custody, or a few weeks later if you were cited and released. You need a lawyer before that arraignment.
If you are under investigation but not yet charged. Sometimes police investigate for weeks or months before filing charges. If you know you are a suspect, if officers have searched your home or car, if people you know have been questioned about you, hire a lawyer now. Early intervention can sometimes prevent charges from being filed at all.
Before your arraignment hearing. At arraignment, you enter a plea (guilty, not guilty, or no contest), and the judge sets bail. Most people plead not guilty at arraignment to preserve their options. Your lawyer can argue for lower bail or release on your own recognizance. If you show up without a lawyer, the judge will ask if you want a public defender (if you qualify financially) or if you plan to hire private counsel.
If you are offered a plea deal. Prosecutors offer plea bargains in most criminal cases. A plea deal might reduce a felony to a misdemeanor, drop some charges in exchange for pleading guilty to others, or recommend a specific sentence. Never accept a plea deal without having an attorney review it. Some plea deals are good. Some are terrible. You will not know the difference without someone who handles these negotiations every day.
The cost of waiting is real. Evidence disappears. Witnesses forget details or move away. Surveillance footage gets deleted. Statements you made to police get memorialized in reports you cannot challenge. Prosecutors file additional charges. The earlier you hire a defense lawyer, the more options you have.
If you have been arrested or are under investigation anywhere in California, call (866) 811-4255 for a free consultation. We represent clients in Orange County, Los Angeles, Riverside, and San Bernardino.
If you cannot afford a lawyer, the court will appoint a public defender to represent you at no cost. Public defenders are real lawyers, licensed by the State Bar of California, with significant criminal trial experience. Many are excellent attorneys who care about their clients and win cases.
The difference is not competence. The difference is capacity.
Public defenders in California carry caseloads of 300 to 500 cases at a time, depending on the county. They are overworked and underfunded. They do not have time to meet with every client for hours, investigate every lead, or hire expert witnesses for every case. They handle arraignments, negotiate plea deals, and go to trial when necessary, but they are managing dozens of cases on the same day yours is in court.
A private criminal defense attorney works for you, not the county. You choose your lawyer. You call them when you have questions. They have time to investigate your case, interview witnesses, review police reports in detail, file motions to suppress evidence, and prepare for trial if that is the best option.
Private attorneys also have resources public defenders often do not: private investigators, expert witnesses (forensic analysts, medical experts, accident reconstruction specialists), and support staff to handle administrative work. If your case depends on challenging the reliability of a breathalyzer test, the accuracy of eyewitness identification, or the legality of a search, those resources matter.
You also get to choose your attorney. With a public defender, you are assigned whoever is available. With private counsel, you interview attorneys, compare experience and track record, and hire the lawyer you trust to handle your case.
Private criminal defense is not free, but it is an investment in your future. A conviction can cost you years in prison, tens of thousands in fines, your job, your professional license, and your ability to find housing or employment afterward. The cost of representation is almost always less than the cost of a conviction.
The U.S. Constitution and California Constitution guarantee specific rights to anyone accused of a crime. Defense lawyers enforce those rights by holding police, prosecutors, and judges accountable when they violate them.
Fourth Amendment: Protection Against Unlawful Search and Seizure. Police cannot search your home, car, or person without a warrant or probable cause. If they do, your attorney can file a motion to suppress any evidence obtained from that illegal search. If the judge grants the motion, the prosecution cannot use that evidence at trial. In many cases, suppressing the key evidence forces the prosecution to dismiss the charges entirely. We have written about when police can search your car without a warrant in California and how defense attorneys challenge illegal searches.
Fifth Amendment: Right to Remain Silent and Protection Against Self-Incrimination. You cannot be forced to testify against yourself. You do not have to answer police questions. If police interrogate you after arrest without reading your Miranda rights, any statements you made are inadmissible. Defense attorneys file motions to suppress statements obtained in violation of Miranda or through coercion.
Sixth Amendment: Right to Counsel and Right to a Speedy Trial. You have the right to a lawyer at every critical stage of your case. If the government interferes with that right (by interrogating you after you ask for a lawyer, for example), your attorney can move to dismiss the charges. You also have the right to a trial within 60 days of arraignment in California (for felonies, if you are in custody). Prosecutors often ask for continuances to delay trial. Your lawyer can oppose those delays and force the case forward if it benefits you.
Fourteenth Amendment: Due Process. The government must follow the rules. Prosecutors must disclose evidence that could help your defense (Brady material). They cannot hide exculpatory evidence or lie to the court. If they do, your attorney can file motions to compel discovery, motions to dismiss, or appeals based on prosecutorial misconduct.
Defense lawyers also challenge the evidence itself. They cross-examine witnesses, expose inconsistencies in police reports, hire experts to refute the prosecution’s forensic evidence, and argue reasonable doubt to the jury. In plea negotiations, they use weaknesses in the case to push for charge reductions or dismissals.
Your attorney’s job is to make the government prove its case. Every element. Beyond a reasonable doubt. To every juror. That is the standard, and most prosecutors cannot meet it if you have a lawyer who knows how to fight.
Hiring a criminal defense lawyer begins the formal defense process. Here is what happens from consultation to case resolution.
Initial Consultation. You meet with the attorney (in person or by phone) to discuss your case. Bring any documents you have: police reports, bail paperwork, court notices, citations. The lawyer will ask what happened, what charges you are facing, and whether you have made any statements to police. They will explain what you are up against, what defenses might apply, and what outcomes are possible. Most criminal defense attorneys offer free consultations. At ALL Trial Lawyers, we do not charge for the first meeting.
Case Investigation. Once retained, your attorney starts investigating. They request police reports, arrest records, witness statements, and any physical evidence the prosecution has. They interview witnesses independently. They visit the scene if location matters (a DUI stop, a fight, an alleged burglary). If your case involves video surveillance, forensic evidence, or expert testimony, they begin gathering that material.
Arraignment. Your first court appearance. You are formally told what charges you face, and you enter a plea. Most people plead not guilty at arraignment to preserve all options. The judge sets bail or reviews bail if you were arrested. Your attorney can argue for lower bail or release on your own recognizance based on your ties to the community, criminal history, and flight risk. Learn more about arraignments and initial pleas.
Pre-Trial Motions. Your lawyer files written motions to suppress evidence obtained illegally, dismiss charges that lack probable cause, compel the prosecution to turn over evidence they are hiding, or exclude witness testimony that violates your rights. The judge holds hearings on these motions. Winning a suppression motion can end the case before trial.
Plea Negotiations. Prosecutors offer plea deals in most cases. Your attorney reviews the offer, explains what it means, and advises whether it is in your interest to accept or reject it. A good plea deal might reduce a felony to a misdemeanor, drop some charges, avoid jail time, or result in probation instead of prison. A bad plea deal might require you to plead guilty to something you did not do or accept a sentence harsher than what you would get at trial. Your lawyer negotiates for better terms or takes the case to trial if the offer is unacceptable.
Trial Preparation. If your case goes to trial, your attorney subpoenas witnesses, prepares cross-examinations, drafts jury instructions, and develops a trial strategy. Trials can take days or weeks depending on the complexity of the case. Your lawyer presents your defense, cross-examines the prosecution’s witnesses, argues motions during trial, and delivers opening and closing statements.
Sentencing or Appeal. If you are convicted (by plea or after trial), the judge sentences you according to California sentencing guidelines. Your attorney argues for the lowest possible sentence based on mitigating factors. If you were convicted after trial and there were legal errors, your lawyer can file an appeal challenging the conviction or sentence.
Timeline Expectations. Misdemeanor cases typically take 2 to 6 months from arrest to resolution. Felony cases take 6 to 18 months or longer, especially if the case goes to trial. Federal cases can take years.
Throughout the process, your attorney keeps you informed, explains your options, and advises you on every major decision. You make the final call on whether to accept a plea deal or go to trial. Your lawyer’s job is to give you the information and strategy you need to make that decision.
Criminal defense attorneys in California charge fees based on the complexity of the case, the charges, and the amount of work required. There is no single price. Every case is different.
Flat Fee arrangements are common for straightforward cases like misdemeanors, first-offense DUIs, or simple drug possession charges. You pay a set amount upfront that covers all work through trial (if necessary). Flat fees typically range from $2,500 to $10,000 depending on the charge, the attorney’s experience, and the county where your case is filed. Some attorneys charge more for cases that go to trial.
Hourly Rate billing is common for complex cases, serious felonies, federal charges, or cases that require extensive investigation or expert witnesses. Attorneys charge $250 to $750 per hour depending on their experience and reputation. You pay a retainer upfront (often $10,000 to $50,000 for serious felonies), and the attorney bills against that retainer as they work. When the retainer is exhausted, you replenish it.
Retainer Agreements require you to deposit money upfront. The attorney draws from that retainer as they bill hours. Some retainers are refundable (unused funds are returned), and some are non-refundable (you pay the retainer regardless of how much work is done). Read your fee agreement carefully before signing.
Payment Plans are available through many criminal defense firms. You pay a portion upfront and the rest in monthly installments. Some firms work with third-party legal financing companies. If you cannot afford to hire an attorney upfront, ask about payment options during your consultation.
The cost of not hiring an attorney is almost always higher than the cost of hiring one. A conviction can mean years in state prison, fines in the tens of thousands, loss of your job, loss of professional licenses, loss of your ability to rent an apartment or pass a background check, and a permanent criminal record. The financial and personal cost of a conviction far exceeds the cost of a defense lawyer.
Not every criminal defense lawyer is the right fit for your case. Interview at least two or three before you decide. Ask these questions:
How many cases like mine have you handled? Look for someone with specific experience in your type of case. If you are charged with DUI, hire a lawyer who handles DUIs regularly. If you are facing federal charges, hire someone who practices in federal court.
What are the possible outcomes for my case? An honest attorney will give you a range of outcomes (best case, worst case, most likely case). Be skeptical of anyone who guarantees a dismissal or promises you will not go to jail. No lawyer can guarantee results.
Will you handle my case personally, or will it be passed to an associate? Some firms assign cases to junior attorneys after the initial cIf you are worried about cost, call (866) 811-4255 and discuss your situation. Many attorneys offer free consultations and flexible payment options.
onsultation. You want to know who will actually be representing you in court.
What is your trial experience? Many criminal cases settle through plea deals, but you need a lawyer who is willing and able to take your case to trial if necessary. Ask how many jury trials they have handled and what their track record is.
What are your fees, and what do they cover? Get a clear fee agreement in writing. Does the fee cover trial, or is trial extra? Are expert witnesses, investigators, and filing fees included or billed separately? What happens if you cannot afford to continue paying?
How often will you update me on my case? Some attorneys communicate weekly. Others only reach out when something happens. Discuss expectations upfront.
What is your strategy for my defense? The lawyer should be able to outline at least a preliminary approach based on the charges and facts you have shared. If they cannot or will not discuss strategy, that is a red flag.
Can you provide references or case results? Attorneys cannot ethically guarantee outcomes, but they can share examples of similar cases they have handled. Visit the firm’s case results page to see past outcomes.
The attorney you hire will make decisions that affect your freedom, your record, and your future. Take the time to find someone you trust.
ALL Trial Lawyers handles criminal defense cases in Orange County, Los Angeles, Riverside, and San Bernardino. We represent clients charged with misdemeanors, felonies, DUIs, drug offenses, sex crimes, and violent crimes.
Our firm’s name reflects how we operate. We are trial lawyers. We prepare every case as if it is going to trial, and we have taken more than 75 cases to verdict. Prosecutors know we do not back down. That makes a difference in plea negotiations.
We also believe your case should be handled by the attorney you hired, not a junior associate you have never met. When you hire Mo Abuershaid, Mo handles your case from arraignment to sentencing or verdict.
We represent clients from every walk of life. You do not need to explain or justify yourself. You need someone who knows the system, knows the judges and prosecutors in your county, and knows how to fight.
We offer free consultations. We answer the phone 24 hours a day for emergencies. We do not get paid unless we win or negotiate a resolution that serves your interest.
If you have been arrested or are under investigation, call (866) 811-4255. Your case does not wait, and neither should you.
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Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.