Got a court date?
If you were arrested, cited, or got a letter with a court date on a criminal charge, your case has started. Even a misdemeanor can mean jail, probation, fines, and a record that shows up on background checks.
The best time to call me is before your first court date. If your case has already started, you can still hire me, including to take over from the public defender.
Your first call
Almost everyone wants to know the price first. I’ll get there, but I lead the call in an order that gets you a real answer:
- First, a little about you: your work, your family, your record, anything that matters to how a case like yours can end.
- Then what happened. I ask some brief, direct questions to get familiar with the overall situation. At this stage, I’m after the important facts, not every detail.
- Then my honest first read of your case: what the DA would have to prove, where I see weak spots, and what I’d expect.
- Then the price, and what happens from here.
- Then your questions.
I know what worries people most, so I often answer the questions you haven’t thought to ask yet. People often feel much better once they hear how I see things. By the end, the question I hear most is how to hire me.
After you hire me
I start right away, and within the first few days you’ll hear from me with a quick update on what I’ve done and where things are headed. What comes first depends on your case. On a DUI, for example, I request your DMV hearing right away, because you have only 10 days from the suspension notice to ask for one. If you have a court date coming up, I get the police reports, video, and other evidence and start going through them.
Early on, I also start working with you on mitigation: who you are, what you’ve done since, and what you can do now that will help when I talk to the DA. I’ll send you questions about your background and suggest steps to take. The earlier that work starts, the more it can help.
How to reach me. My clients get my direct line, not a number for a receptionist. Text or email is the fastest way to reach me; I can read them even when I’m in court. I reply as soon as I can, usually within a day.
What to do right now
- Don’t talk about what did or didn’t happen, with police or anyone else. That’s how people say things that get used against them.
- Keep any evidence. Save records, photos, videos, or recordings related to what happened.
- Stay off social media. Post nothing about the case.
“Don’t talk to anyone about your case at all” is great advice, and you should follow it if you can. But for a lot of people, that isn’t realistic: your family needs to know what’s going on. So here’s a line you can actually follow. You can tell the people you love that there’s a case, that you have a lawyer, when the next court date is, and what you’re hoping for. Just don’t talk about what did or didn’t happen.
Mistakes that make cases harder
- Talking to police. The number one mistake. Police often aren’t trying to clear up a misunderstanding; they’re looking for ammunition. Sometimes they don’t have enough until the person hands them the evidence that makes the case airtight. Say you want a lawyer and won’t answer questions; staying silent isn’t enough on its own.
- Putting it in writing. Many crimes turn on what you knew, which can be hard to prove. A text to a friend admitting what you knew makes it much easier.
- Talking from jail. Jail calls and visits are recorded. Only a confidential visit from your lawyer is private. If a family member was arrested.
- Assuming the worst. You’re right to be worried. But even when the evidence is clear, the worst outcome isn’t automatic.
Your first court date in Sacramento
First court dates in Sacramento are almost always set on the 1:30 p.m. calendar, misdemeanor or felony.
On a misdemeanor, I usually go for you and call you afterward with an update. Out of custody, the first hearing isn’t going to be a lot of fireworks. Usually no plea is entered yet; the case is put over so I can get the evidence and go through it. People often think the first court date is the trial, or the day everything gets decided. It almost never is.
Why not push for a speedy trial right away? Sometimes I do, when the DA doesn’t have everything it needs. But on a misdemeanor, the DA usually does, and rushing rarely helps you. I don’t want to take you to trial unprepared, or at all if a good resolution is possible without one.
On a felony, you’ll usually be in court with me. If you’re in custody, the first hearing matters much more: it’s the chance to ask the judge to release you without bail. In domestic violence cases, judges and prosecutors often want a stay-away order, even when the alleged victim doesn’t. I work to avoid one that would keep you from going home.
How long will my case take?
Most misdemeanors take about 4 to 6 months from the first hearing, with hearings 6 to 10 weeks apart. Felonies have hearings about every 4 to 6 weeks and usually take around 6 months, sometimes a year or more. Diversion adds time: often 3 to 12 months on a misdemeanor, and 6 months to 2 years on a felony.
Where will my case be heard?
Misdemeanors are heard at the Tani G. Cantil-Sakauye Sacramento Superior Courthouse, 500 G Street: general misdemeanors in Department 4B, and DUIs and many traffic misdemeanors in Department 5A. Felonies are heard at the Lorenzo Patiño Hall of Justice, 651 I Street, in Departments 61 to 63. It shares a building with the Main Jail, so most people just call it the jail courthouse. Domestic violence cases, misdemeanor or felony, go to Department 60 there. Assignments change, so I’ll tell you where to go, if you need to go at all.
Two sides of every case
Even if you did it and the evidence is clear, your case isn’t over. In a misdemeanor case, showing who you are can still get the case resolved in your favor. That’s because every criminal case comes down to two things:
- The legal defense. Can they prove it? I go through all the evidence myself, looking for an illegal stop or search, weak or missing evidence, and stories that don’t line up, and I file the motions your case needs. Every weak spot is leverage with the prosecutor.
- Your story. Why it happened, who you are, and what you’ve done since to make it right. Prosecutors and judges are deciding what happens to a person, not just a file. I make sure they see the person.
The best results often come when both line up: the DA isn’t sure they can prove the case, and you’re someone who deserves a second chance. The legal defense is almost always the bigger part, but your story can still make the difference.
Your story: what helps, and when
Lawyers call this mitigation, and I help you build it. Usually, the earlier the better: work started before charges carries a little extra weight, and after charges it still helps a lot. When to present it is a judgment call I make with you.
- No record and steady work. Often the biggest factor. I can show the DA a productive member of the community who, at worst, made one mistake. That goes a long, long way.
- What you do. Classes, counseling, and community service. Letters help too, especially from people outside your family.
- Creative mitigation. Work tied to the accusation often makes a big difference, like parenting classes on a child neglect charge. One of my favorite examples: a person charged with evading police adopted the stretch of highway where part of the chase happened.
- Clearing an old record. Sometimes I can get relief on an old conviction while the new case is open.
Doing the work isn’t admitting guilt
Clients worry that AA on a DUI, or an anger management or parenting class, admits the charge. It doesn’t. The prosecutor almost always believes something wrong happened at some level. My job isn’t to convince them nothing happened; it’s to convince them they’ll have trouble proving it, while showing them someone who deserves some leniency. And doing the work doesn’t mean handing it over. If the evidence means you shouldn’t concede anything, you can still do the work so it’s ready, and I hold it back until I think it will get somewhere.
How a case can end
Every case is different, and I can’t promise a result. These are the outcomes I work toward:
- Charges dropped, or never filed.
- Diversion, a program that ends in a dismissal. Some are set by law, like mental health diversion. In Sacramento, informal diversion and deferred entry deals can also be worked out with the DA and approved by the judge, even when no diversion law fits.
- A lower charge, such as a felony reduced to a misdemeanor.
- No jail time, or community service instead of jail days.
- A record you can clear later.
Not every option fits every case. When some consequence can’t be avoided, I get creative so it has the least impact on your life. I want you to be happy with the result, and with how we got there.
When you become eligible, I typically clear your record for you at no additional charge. I don’t just wait for “automatic” relief, which often doesn’t happen. Why a clean record matters.
Not a U.S. citizen? Tell me at the start. Some results that look good on paper can still cause immigration problems, and I plan around that.
Just another Tuesday case
Sacramento is a high-volume court, busier than most of the counties around it. A case that would be a big deal in a smaller courthouse nearby is often just another Tuesday case here. Sometimes the best way to resolve a case is to keep it that way, artfully flying under the radar. That doesn’t happen on its own, and it isn’t possible when a case is in the news or the alleged victim is pushing for prosecution. But for many cases, especially a first offense, it’s a real possibility, and I plan for it from the start.
What sentencing terms mean
Formal probation or informal probation?
Formal probation means a probation officer checks that you do what the court ordered, and the officer has a lot of say in what they can ask of you. Informal (court) probation has no officer and no check-ins. You follow certain rules, always including “obey all laws,” and sometimes a search condition: police can search you or your things without a warrant or a specific reason, though not arbitrarily or to harass you.
On informal probation, a violation usually comes up only if you have contact with police for some other reason. On formal probation, someone is looking for it. For most misdemeanors, probation is now limited to one year, though some charges, like DUI, carry longer terms.
Fines or restitution?
Fines are penalties the court imposes, and I can often get them reduced or eliminated. Restitution pays the alleged victim back for the harm. It’s often key to resolving a case, and dealing with it early, in the right way, can make a big difference.
Work project, community service, or home detention?
Work project (the Sheriff’s Work Project) isn’t community service. It’s a jail sentence served without going to jail: structured, scheduled ahead, and with little control over your time. Community service is work, usually for a nonprofit you choose, at times that suit you. Home detention is a jail sentence served at home with an electronic ankle monitor; you can leave for work and other necessary things.
Misdemeanor or felony?
A misdemeanor can mean time in county jail, not prison: up to six months for most, and up to 364 days for some. A felony can mean a longer sentence in county jail or state prison. Some charges, called wobblers, can be filed either way, and some felonies can be reduced to misdemeanors later. I charge flat fees, so you know the cost before you hire me. See my fees.
Not charged yet?
If police want to talk to you, or you were released without a court date, call me before you say anything. The goal is for charges never to be filed. For most investigations, you pay half the fee now, and the rest only if charges are filed. Before charges are filed.
Have a warrant? Whether you missed court or there’s a warrant on new charges, call me before you turn yourself in. How I handle warrants
Cases I handle
- Misdemeanors
- Felonies
- DUI
- Domestic violence
- Drug crimes
- Theft
- Assault and battery
- Violent crimes
- Gun crimes
- Robbery
- Homicide
- Property crimes
- Vandalism
- White-collar crimes and fraud
- Hit and run
- Resisting arrest
- Criminal threats
- Restraining order violations
- Driving on a suspended license
- Traffic misdemeanors
- Probation violations
- Juvenile cases
- Warrants
- Cases with immigration consequences
Charged with resisting arrest? Sometimes it’s a cover charge: police use too much force, know it, and arrest you on charges that cover their own misconduct. If police hurt you, talk to me about both cases. I also handle civil rights cases.
Don’t see your charge? Tell me what happened. Most of my cases are in Sacramento County. I also take cases in nearby counties, especially criminal cases with a civil rights side.
Questions
Do I have to go to court?
In almost every misdemeanor case, no. I go to every hearing for you. The exceptions are some domestic violence hearings and, rarely, others. In a felony case, you’ll need to be at the main hearings.
Will I go to jail?
It depends on the charge, your record, and the facts. For most people, staying out of jail is the first goal, and I build the case around it. I’ll give you my honest read at the consultation.
Can a family member call for me?
Yes, and family members often make the first call. But I represent the person charged, and that person decides how much I share, even when family is paying. Most clients are fine with me sharing at least the basics.