Vista DUI Lawyer and Criminal Attorney Peter M. Liss

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defense lawyer questions

California Criminal Law FAQ

I am Peter M. Liss and I can help you if you have been accused of any crime, ranging from domestic violence to shoplifting and from DUI to assault. I have helped thousands of clients, tried more than 100 jury trials, and have more than 35 years of experience. Throughout that time, clients have asked me many questions, some almost daily. These commonly asked questions about criminal law issues can help you better understand how to protect your rights as well as what a defense lawyer can and cannot do to help you.

What’s the Difference Between an Infraction, Misdemeanor or Felony?

An infraction is something that you will get ticketed for, requiring you to pay a fine. For example, most traffic tickets are infractions. Misdemeanors and felonies are both more serious crimes and can leave you behind bars, but a misdemeanor is a charge that can leave you in jail and carries a sentence of no more than one year in jail and $1,000. Felonies are the most serious criminal charges and can result in prison time.

Do I Need a Criminal Lawyer if I Plan to Plead Guilty?

do you really need a lawyer?

Yes. Though some people question whether they even need a lawyer, a criminal lawyer can help you fight charges after your arrest and also help you protect your rights while police investigate the crime. Working with an attorney from the start of your case could help keep you from accidentally providing incriminating evidence against yourself or allowing the police to search property they may not otherwise have a right to look at.

A lawyer can also help you better understand the charges you are facing, the strength of the evidence against you, what defenses are available to you, and what sentences you’ll likely receive if you are found guilty. If the case goes to trial, he can urge the judge to be lenient in sentencing.

If you are considering pleading guilty, your attorney may be able to negotiate a plea bargain by helping you evaluate your options and work with the prosecutor to negotiate the best possible deal available.

Am I Better off With a Public Defender or Private Attorney?

public defender vs private attorney

First, recognize that only those who cannot afford an attorney are provided a public defender. If you aren’t experiencing financial hardships, you will either need to hire an attorney or go without one, which is never a good choice.

If you have the option of a public defender, know that while many people mistakenly believe public attorneys aren’t as high quality as private ones, that’s a myth. A hardworking lawyer dedicated to your case will help you whether he is part of the public defender’s office or a privately-hired defense lawyer. Unfortunately, you cannot be assigned a public defender until you have been charged with a crime.

If you are under investigation, a criminal defense attorney can help protect your rights and this can make a significant difference in helping you fight the charges if they are filed. A public defender cannot help you with this stage of the process since they cannot be assigned until after the charges are filed.

As a final benefit, it’s worth mentioning that you cannot pick your public defender, but you have your choice when it comes to selecting the right private defense attorney you would like to work with.

Is a Private Defense Attorney Worth the Money?

are defense attorneys worth the money

Remember that most criminal charges carry significant fines and if your criminal lawyer can help reduce the penalties or help you prove your innocence, that alone may be worth the cost of their services. That’s aside from potential prison or jail sentences and the effect that having a criminal conviction on your record may have on the rest of your life.

It’s also worth adding that Peter M. Liss offers both reasonable rates and accepts all major credit cards, so financial concerns should come secondary to protecting your rights and proving your innocence. In other words, whenever you can afford the services of an experienced, skilled attorney, it is absolutely worth it to do so.

Should I Talk to the Police if they Ask me to Give my Side of the Story?

Only if your lawyer thinks it’s a good idea and will be present with you. Police often rely on a suspect’s lack of knowledge about the law to get a confession, which is why you should never speak with the police alone when you are arrested or under investigation and instead insist on seeing your attorney.

Should I Refuse to Say Anything to the Police?

right to silence

Yes and no. Do not make any statements to the police without your attorney present to advise you. Unfortunately, the Supreme Court has determined that simply staying silent altogether can be used as a legal indication of guilt. Instead, you must state that you are invoking your right to remain silent under the Fifth Amendment to the US Constitution.

If the police are calling you, state that you are invoking your right to silence, ask for the name and phone number of the police officer you are speaking with, and tell him your attorney will call him back. Then hang up and give your lawyer the information.

If the interaction is in person, ask if you are being detained. If not, say that you are invoking your Fifth Amendment right to silence and that you are leaving since you are free to do so. If you are being detained or have already been placed under arrest, state that you are invoking your Fifth Amendment right and want to see your attorney. The police cannot continue to ask you questions without your lawyer at this point.

If I Wasn’t Read my Miranda Rights, is What I Said Inadmissible in Court?

Miranda warnings only have to be read if a suspect is under arrest and questioned. If the police do not question you after arrest, they do not need to Mirandize you. During the investigation, the police can ask you questions without a Miranda warning as long as you are free to leave.

Should I Take a Lie Detector to Prove my Innocence?

lie detector test

No. In most cases, California law states that evidence from lie detectors can only be admitted to the court as evidence if both parties agree to admit the results. Generally speaking, if it helps your defense, the prosecution will not permit it; if it helps the prosecution, your lawyer will not allow it to be used in court. So ultimately, there is no legal benefit.

If you’re wondering why police even ask you to take a lie detector, the answer is simple: this is yet again another way to get you to confess to something. Even if the test results aren’t admissible in court, what you say during the test is.

How do Attorneys Defend Someone They Know is Guilty?

This seems to be one of the most common criminal questions people ask when they first meet a lawyer in a social setting. Attorneys must vigorously defend everyone, including the guilty, to ensure the government doesn’t convict people without solid evidence. Otherwise, the system would end up snaring innocent people. The guilty are also entitled to a fair process, including a lawyer protecting their rights and a just sentence. Criminal lawyers are upholding the rights enshrined in our Constitution.

It’s also worth noting that, contrary to popular belief, an attorney cannot ask a client to take the stand if he knows that person plans to lie. So even if an attorney knows the client is guilty, he cannot help that person commit perjury on the stand.

Can my Defense Attorney Help With my Divorce, Lawsuit or Bankruptcy?

No. Just like a pediatrician wouldn’t be the right person to ask to perform anesthesia, lawyers specialize in specific fields and do not switch from one area to another. A defense lawyer cannot and should not offer legal advice for any other area of the law.

Have More Questions?

I Can Answer Them

criminal law faq

If you have been accused of a crime, I can help you. I will be happy to answer any questions you may have about your charges, state laws or the justice process itself not covered in this list of criminal defense FAQ.

Convenience and Quality

Please call my offices today to schedule a free initial consultation. I offer top-rated representation for reasonable rates, accept all major credit cards, and have offices conveniently located across the street from the Vista courthouse and jail.

I’m available, let’s talk

Need a Good Lawyer?

Call My Offices Today

I have over 35 years of experience helping people fight criminal charges throughout San Diego County, including many high-profile cases.

There When You Need Me

I personally and promptly respond to all calls to my 24/7 answering service. When we meet to discuss your case, I will take the time to answer all questions you may have about your situation. I will work to ensure you know what to expect from the process, what defenses might be applicable for your specific situation, and what outcomes you can realistically expect.

Call today to schedule your free consultation.

For More Information

About the Law in California

No one, except a criminal attorney, is expected to know everything about California’s justice system, but it pays to know the law and understand your rights. Improving your knowledge starts by learning more about the criminal process in California.

Hire the Right Lawyer

And because I want to help people find the right legal representative for their case, I put together this guide on hiring a defense attorney, including questions to ask a criminal defense lawyer during your initial consultation.

For More Information

People understandably have many concerns when charged with a crime. Here are more answers to common questions about the law:

  • What Should You do When You’re Arrested?
  • When Should You Call a Lawyer?
  • Can Lawyers Lie in Court?
  • What Happens to Your Stuff When you go to Jail?
  • Can Returning Stolen Property Help You Avoid Charges?
  • What’s the Difference Between Jail and Prison?
  • Why Do Judges or Attorneys Recuse Themselves?
  • What is Hearsay?
  • What Rights Do Felons Lose?

How to Contact Attorney Peter Liss

For skilled, IMMEDIATE help with a DUI accusation, domestic violence charge or any other criminal offense, call Lawyer Peter M. Liss:

(760) 643-4050or(858) 486-3024

Call 24/7, any time, any day. I can help you.

  • DUI / Felony DUI
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  • Domestic Violence
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  • Theft Defense
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  • Sex Offenses
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  • Privacy Policy
  • Terms of Use

Attorney Peter M. Liss,
(760) 643-4050
380 S Melrose Drive #301
Vista, CA 92081

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Copyright 2003, 2021 Peter M. Liss, Esq.
ALL RIGHTS RESERVED


About the Legal Information on This Website

I rely on my experience as a top defense lawyer in my area to personally review all information on this site; however the information offered here should not substitute as legal advice. If you have been arrested or charged with a crime in Vista, please contact a qualified defense attorney.