Sacramento Felony Attorney Charged with a felony? You still have options.

Charged with a felony in Sacramento?

A felony can mean prison, years of probation, losing your gun rights, and a record that follows you. People charged with one often feel the worst outcome is already decided. You’re right to be worried. But even when the evidence looks bad, the worst outcome isn’t automatic.

Sacramento felony cases 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 go to Department 60 there. First court dates are almost always set on the 1:30 p.m. calendar, and on a felony you’ll usually be in court with me.

The best time to call me is before your first court date. If your case has already started, it isn’t too late.

In custody, or facing a felony warrant?

If you’re in custody, the first court date is the chance to ask the judge to release you without bail. For a first offense on a nonviolent charge, that’s common. On serious charges, asking can carry a real risk that the judge denies bail altogether, so sometimes posting bail is the safer choice. I’ll help you weigh it. Post bail now, or wait for the judge?

On new felony charges, the DA often gets an arrest warrant instead of setting a court date. These days that usually means a short time in custody, so we plan it together. How I handle warrants.

Hiring me before the preliminary hearing

Many people hire me before the preliminary hearing to take over from the public defender. Public defenders work hard, but they carry heavy caseloads and often have little time to prepare for each hearing. I prepare yours around your case’s goals.

Often a parent, spouse, or friend makes the call. That’s fine, but I represent the person charged, and they make the decisions.

Stop the slow march toward the worst outcome

People facing a felony often describe the same feeling: one court date after another, the case keeps moving toward the worst outcome, and nothing seems to change it. The preliminary hearing is a chance to stop that march, reset the case, and make the most of the opportunities a felony case gives you.

What a preliminary hearing is for

At a preliminary hearing, a judge hears some of the prosecution’s evidence and decides whether there’s enough for the felony case to go forward. There’s no jury, and it isn’t the trial.

A preliminary hearing shouldn’t be a formality. It’s often the best chance to get testimony on the record from the people who matter most: sometimes the alleged victim, and the officers who investigated. I don’t always go in expecting to win it, but I always go in prepared, with goals for your case:

• Lock in testimony. What witnesses say under oath can help resolve the case without a trial, or be used to question them at trial if their story changes.
• Build leverage. When even the preliminary hearing doesn’t go the way the DA planned, it shows the DA they may have trouble proving the case.
• Weed out overcharges. Charges are sometimes more serious than the facts support: for example, a robbery charge when the facts only show a theft. The judge can decide the evidence doesn’t support the more serious charge.
• Set up the next step. If the judge won’t throw out a charge the evidence doesn’t support, it can be challenged again afterward with a motion to set aside the charges. I build the transcript (the written record of the hearing) with that in mind.

Once in a while, a preliminary hearing ends the whole case. More often, the realistic goal is to narrow the case to what the facts actually support.

Many felony cases reach a preliminary hearing because the DA’s offer beforehand isn’t good enough. With serious charges or a prior record, it’s very often a necessary step. Either way, I don’t take it lightly.

Your part at the preliminary hearing

You don’t have to testify or say anything. Your job is simpler than people expect:

• Sit there respectfully. Look like the responsible member of the community you are.
• Don’t react. Witnesses may say things that are wrong or hard to hear. No anger, no head shaking, no sighs in front of the judge.
• Take notes if you like. If you hear something I should know, write it down and show me.

Making a felony a misdemeanor

Some charges, called wobblers, can be either a felony or a misdemeanor. Vandalism is a common example, and so are many domestic violence charges. Before trial, including at the preliminary hearing, the judge can decide a wobbler is a misdemeanor, and the case then goes forward as one.

So the preliminary hearing can matter even when I don’t expect to win it. Sometimes the main goal is to explain why it happened, rather than argue about whether it did, and ask the judge to make it a misdemeanor. When that works, it’s a huge win. The preliminary hearing isn’t the only time to ask, but it’s often the best: the judge hears the case live and sees you sitting there respectfully, not just a name on a transcript.

In Sacramento, a reduction moves the case out of the felony courtrooms at the Hall of Justice and into the misdemeanor courtrooms at 500 G Street, except domestic violence cases, which stay in Department 60. A misdemeanor prosecutor takes it over, and often treats it like a fresh misdemeanor. Making sure they see it that way matters, and it’s often doable. From there, a dismissal, through diversion or another way, becomes much more realistic. How I handle misdemeanors.

When the charge is a straight felony (one that can’t be a misdemeanor), one goal can be a plea to a wobbler instead. After probation, it can often be reduced to a misdemeanor and the record cleared, so you aren’t a felon for life. When you become eligible, I typically do the reduction and clear your record at no additional charge. I don’t just wait for “automatic” relief, which often doesn’t happen.

Why a misdemeanor matters

• No felony on your record. That matters for jobs, housing, and licenses. Why a clean record matters.
• Your gun rights. A felony conviction can mean losing your gun rights, possibly for life. Most misdemeanors don’t carry that risk, though some, like domestic violence, can.
• Jail, not prison. A misdemeanor can mean time in county jail, not state prison.
• Court probation. Usually informal (court) probation, with no probation officer checking on you, instead of formal probation.

In Sacramento, a reduction before sentencing matters most, because in the misdemeanor court a dismissal is often a realistic goal. A reduction at sentencing still matters a lot, and after probation, it helps clean up your record.

How a felony case is different

Much of the work is the same as on a misdemeanor: I get the evidence, go through it myself, look for weak spots, file the motions your case needs, and negotiate with the prosecutor. The differences:

• You come to court. On a felony, you’ll usually be at the hearings with me.
• More discovery. There’s usually more evidence to ask for, and it can take longer to arrive.
• More hearings. A felony has more issues and more possible motions. Sacramento felony hearings are about 4 to 6 weeks apart, and a case usually takes around 6 months, sometimes a year or more.
• More resistance. A misdemeanor is simply easier to resolve the way you want. On a felony, it can take more time to build enough leverage for the DA to agree to a good resolution.
• Investigators and experts matter more. Serious felony charges sometimes need a little extra oomph to reach the resolution you want. You pay for these, and I only hire one with your OK. Many felonies don’t need one.

Your story still 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). On a felony, the legal defense matters even more, but your story can still make the difference. Lawyers call it mitigation, and I help you build it. Usually, the earlier you start, the better. No record and steady work go a long, long way. So do classes, counseling, and community service, especially work tied to the accusation. Doing the work isn’t admitting guilt: you can do it so it’s ready, and I hold it back until I think it will help. More about the two sides of every case.

Turning your biggest fears into ammunition

In my experience, Sacramento prosecutors can be persuaded to be sympathetic. Not to the charge, but to the ways a conviction would cause you, in particular, extra harm: a felony that would end a career, immigration consequences, a professional license, or a single parent who can’t go into custody because no one else could care for their child. When I present your circumstances well, there’s often room to move. The fears that are unique to your situation can often become our best ammunition.

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.

What a first felony can mean

If this is your first case, and the charge isn’t one of the most serious felonies, the range of possible outcomes is wide. Possibilities include:

• Charges dismissed, or never filed.
• Informal diversion or deferred entry of judgment, worked out with the DA and approved by the judge, ending in a dismissal.
• A misdemeanor instead of a felony.
• A felony plea that can be reduced to a misdemeanor later, once you’ve done what’s required.
• No jail or prison, or alternatives like work project or home detention.

For a first offense like that, the risk of prison is much lower. But a lot depends on the charge. Wobblers are much easier to resolve well. Many straight felonies carry 16 months, 2 years, or 3 years, and those can be somewhat easier too. Charges with longer terms make it very hard to predict anything narrower than the range the law sets.

Every case is different, and I can’t promise a result. At the consultation, I’ll give you an honest assessment, not false comfort. Often it’s better than what people feared.

Felonies I handle

My felony practice is widely varied. Some of the felony matters I handle:

• Assault and battery
• Domestic violence
• Drug crimes
• Gun crimes
• Homicide
• Probation violations
• Property crimes and vandalism
• Robbery
• Theft
• Violent crimes
• Warrants
• White-collar crimes and fraud
• And many others

If police hurt you during the arrest, you may also have a civil rights case. Talk to me about both. Don’t see your charge? Tell me what happened.

What it costs

I charge flat fees for most felonies, so you know the cost before you hire me. Some cases, including felonies after the preliminary hearing, I quote at the free consultation. Trial, and experts or investigators, aren’t included. See my fees.

When you hire me, you get me. I don’t have associates or staff. I go to court, review the evidence, and do the research and writing myself.

Questions