Ventura Criminal Defense Attorney

Frequently Asked Questions

At what point should I involve an attorney in my criminal matter?

As soon as you are aware that you may be facing a legal situation it is important to consult an attorney. While formal criminal charges may not have been filed, your rights and freedom may still be in jeopardy. If you have an attorney at your side during a criminal investigation, you will have the benefit of having a legal professional on your side that can help ensure that your constitutional rights are not infringed upon by overzealous law enforcement personnel in an effort to obtain enough evidence to file charges.

What is an illegal search and seizure?

Law enforcement cannot conduct a search unless probable cause exists. This is established by obtaining a search warrant from a judge. In some cases, law enforcement may conduct a search and seizure in the case of imminent danger or if they have probable cause to believe a crime is being committed at present.

What will happen to evidence obtained during an illegal search and seizure?

Evidence obtained during an illegal search and seizure may not be used as direct evidence against a defendant. This may also apply to any evidence or information obtained by following a lead that was discovered during an illegal search and seizure.

What are my rights after an arrest?

After a person has been arrested by law enforcement, he/she has the right to remain silent and the right to an attorney. Should a person decide not to take advantage of these rights, anything he/she says or does can and will be used against him/her in court in an attempt to obtain a conviction. This is why it is so important to consult a defense attorney as soon as possible if you have been arrested.

What will happen if the police don't read me my rights?

If the police do not read you your rights, any statement that you make during interrogation or any evidence or information obtained by following statements you made during interrogation will likely be excluded as evidence.

Will I have the right to have a trial by jury?

The general rule regarding a trial by jury is that criminal charges which may carry a term of imprisonment for 6 months or more will automatically be subject to a jury trial.

What is the difference between a felony and a misdemeanor?

Misdemeanors and felonies are classified according to the potential punishments a conviction may bring. In general, a misdemeanor is an offense which is punishable by up to 12 months in county jail. A felony is an offense which is punishable by a minimum of 1 year in state prison.

How can a criminal defense lawyer help me?

The criminal court process is complex and confusing for a person who is not specially trained in this area. Trying to represent yourself or waiving your right to a lawyer will almost always negatively affect your chances of avoiding a guilty verdict and harsh penalties. A lawyer will be your voice in and out of the courtroom, negotiating with the prosecution and defending your rights in court in order to help you reach the best case outcome possible.

Contact Ventura criminal defense lawyer Richard Sudar today!

Ventura defense attorney Richard Sudar handles criminal cases throughout all of Ventura County, California, including the cities of Camarillo, Fillmore, Moorpark, Ojai, Oxnard, Newbury Park, Santa Paula, Simi Valley, Thousand Oaks, and Ventura (San Buenaventura).