Sacramento Misdemeanor Defense Lawyer I go to court so you don’t have to.

Got a citation or a court date?

Many misdemeanor cases start with a citation, an arrest, or a letter with a court date. Either way, your case has started, and it can mean jail, probation, fines, and a record.

Don’t skip the court date; missing court can lead to a warrant for your arrest. The best time to call me is before your first court date, but you can hire me later too, including to take over from the public defender. Nothing filed yet? Read before charges are filed.

Scared of jail?

Some of my best clients are scared of going to jail, or of going back. That fear makes sense. A misdemeanor is a criminal case, and jail is on the table.

But in a Sacramento misdemeanor case, jail is often avoidable. When some time can’t be avoided, it can often be served another way: on the Sheriff’s Work Project, or on home detention with an ankle monitor, instead of sitting in a cell. And my goal is bigger than staying out of jail. The goal is a dismissal, which avoids jail and the other consequences of a conviction. Every case is different, and I can’t promise a result, but I’ll give you my honest read at the consultation.

Worried about your record?

Often the fear is a job search. It hits young people hardest, in school or just starting out, who would have to disclose a conviction and could be turned down because of it.

Here’s the relief: a conviction can often be avoided. If it can’t, it can often be dismissed later through an expungement, once probation is over. Handled well, a misdemeanor rarely follows you for long.

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. And if your case is dismissed, I typically move to seal the arrest and court records, also at no additional charge. A sealed arrest is treated as if it never happened, with a few exceptions, such as applications for public office, police jobs, and some state licenses.

Some misdemeanors can also cost you your gun rights, for years or possibly for life. 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. Why a clean record matters.

Have a professional license?

If your work depends on a professional license, or you’re working toward one, a misdemeanor can put it at risk. Clearing a conviction later may not be enough: even after a conviction is dismissed, it may still have to be disclosed on some license applications.

So when a license is at stake, the goal is a dismissal from the start, not a cleanup afterward. And the license itself can help get there.

Turning your biggest worries into the best argument

Here’s something I’ve learned in Sacramento. DAs aren’t sympathetic to the charge. But they can be persuaded to be sympathetic to the person, when a conviction or its consequences would cause that person extra harm and I present those circumstances well.

Think of a single parent who can’t go to jail because no one else could care for their child, or someone whose license or immigration status is on the line. Those fears are real. They’re also leverage. The biggest worries, when they’re unique to your situation, can often become my best argument.

Your story matters

Every case comes down to two things: the legal defense (can they prove it?) and your story (who you are, why it happened, and what you’ve done since). Lawyers call the second part mitigation. On a misdemeanor, even if you did it and the evidence is clear, your story can still help get the case resolved in your favor. No record and steady work is 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. Classes, counseling, and community service help too, especially work tied to the accusation, and usually the earlier you start, the better.

Doing the work isn’t admitting guilt. I attack the case with every legal defense available while showing the DA someone who deserves some leniency. If you shouldn’t concede anything, you can still do the work so it’s ready, and I hold it back until it will get somewhere.

You don’t have to go to court

Many people are scared of going to court at all. In almost every misdemeanor case, you don’t have to. I go to every hearing for you and call you afterward with an update. You don’t miss work or school. The main exceptions are some hearings in domestic violence cases and restraining order violation cases, and once in a while a judge wants you there.

When you hire me, you get me. I don’t have associates or staff; I go through the evidence and do the research and writing myself. Text or email is the fastest way to reach me, since I can read them even in court. I reply as soon as I can, usually within a day.

Your first court date

First court dates in Sacramento are almost always set on the 1:30 p.m. calendar. Out of custody, the first hearing isn’t going to be a lot of fireworks. It tells the court I represent you. Usually no plea is entered yet; the case is put over so I can get the reports and other evidence and go through them.

People often think the first court date is the trial, or the day everything gets decided. It almost never is. On a misdemeanor, rushing rarely helps: the DA usually has the evidence it needs, and I don’t want to take you to trial unprepared, or at all if a good resolution is possible without one.

How long it takes, and where

Most Sacramento misdemeanors take about 4 to 6 months from the first hearing. The courts are backed up, so hearings are about 6 to 10 weeks apart. Diversion adds time, often another 3 to 12 months.

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. Domestic violence misdemeanors go to Department 60 at the Lorenzo Patiño Hall of Justice, 651 I Street, the jail courthouse. Assignments change, so I’ll tell you where your case is.

Diversion: a path to a dismissal

Diversion means you complete certain conditions, and then the case is dismissed. In Sacramento, there’s more than one way to get there:

• Informal diversion or deferred entry of judgment. Deals worked out with the DA and approved by the judge, even when no diversion law fits your charge.
• Misdemeanor judicial diversion. California law lets a judge grant diversion even if the DA objects (Penal Code 1001.95). The judge sets the conditions, for up to 24 months, and when you complete them, the case is dismissed. When the DA won’t agree, I can ask the judge.

Judicial diversion isn’t available for DUI, domestic violence, stalking, or charges that require sex offender registration. Solicitation and hit and run aren’t excluded. Not every option fits every case, and I’ll tell you what’s realistic in yours.

After a successful diversion, the case is dismissed, and the arrest records can usually be sealed. Once they are, the arrest is treated as if it never happened, with a few exceptions. I typically move to seal them at no additional charge.

Charged with solicitation?

Solicitation (Penal Code 647(b)) is one of the misdemeanors I handle most often, and the people charged with it are usually terrified. I like these cases. They’re relatively straightforward, and much of that fear can often be put to rest on the first call.

The registry. The biggest fear is having to register as a sex offender. Solicitation involving an adult is not a registerable offense in California.

The stigma. The next fear is that someone will find out. I’m discreet. If you want my messages to come only through a certain channel, or only at certain times, tell me, and that’s how I’ll reach you.

The outcome. For a first offense, the goal is no conviction at all, and it’s often a realistic one. Courts often allow a program, and if the DA won’t agree to diversion, I can ask the judge for misdemeanor judicial diversion. I work to resolve these cases in a way that leaves as little public record as possible. Once the case is dismissed, I typically move to seal the records at no additional charge. That’s as close as the law gets to undoing it: the arrest is treated as if it never happened, with a few exceptions.

Charged with hit and run?

I love hit and run cases. They’re common, and for a first offender with well-prepared mitigation, they’re often very workable. The goal is to avoid a conviction entirely.

Most people’s first fear is the DMV. A hit and run conviction adds 2 points to your driving record. When only property was damaged, the points alone usually aren’t enough for a suspension. For most drivers, the DMV presumes a negligent driver at 4 points in 12 months, 6 in 24, or 8 in 36, and that can lead to a suspension. Already have points? Tell me; it changes the plan. If someone was hurt, it’s more serious: a conviction for that kind of hit and run means the DMV revokes your license for at least a year.

Mitigation often makes the difference here, and it usually starts with the damage: dealing with it early and in the right way, instead of waiting for a judge to order restitution at the end. Add your driving history, your work, and what you’ve done since, and the DA has reasons to resolve the case without a conviction. Judicial diversion is another path.

Cases that start as felonies

Some of my misdemeanor cases start out as felonies. Many charges, called wobblers, can be filed either way. Before trial, including at the preliminary hearing, the judge can reduce a wobbler to a misdemeanor, and the case goes on as a misdemeanor.

In Sacramento, that moves the case from the felony departments at the Hall of Justice to misdemeanor court at 500 G Street (Department 4B or 5A), with a new prosecutor. (Domestic violence cases stay in Department 60.) It’s essentially a reset. I work to make sure it’s treated as a fresh misdemeanor, and from there, a dismissal through diversion or another route often becomes a realistic goal. Felony vandalism is a common example. How I handle felony cases.

Misdemeanors I handle

Besides DUI and domestic violence, my misdemeanor cases are varied. If you’re frightened, that’s normal, and it’s exactly what the first call is for. I’ll tell you honestly how I see your case.

• Hit and run
• Solicitation
• Driving without a license
• Vandalism
• Petty theft and shoplifting
• Drug possession
• Resisting arrest
• DUI
• Domestic violence
• Assault and battery
• Criminal threats
• Restraining order violations
• Driving on a suspended license
• Trespassing
• Probation violations
• Warrants

Charged with resisting arrest? Sometimes it’s a cover charge, filed after police used too much force. If police hurt you, you may also have a civil rights case, and I can talk to you about both.

Don’t see your charge? Tell me what happened. I charge flat fees, so you know the cost before you hire me. See my fees.

Questions