FREQUENTLY ASKED QUESTIONS:
- Q: I have just been arrested,
what should I do?
- A: What you should not do is to discuss any of the facts of your case with the police. Often the police will try to
convince a person whom they have decided is a suspect that it is in his interest to give them a statement. DO NOT
DO THIS. Instead, you should immediately consult an experienced criminal defense lawyer who can evaluate your case
and explain the law to you. Remember that anything you tell a lawyer in connection with your case- whether or not
you retain him- is privileged and confidential, and can never be revealed to anyone else. During your consultation,
the lawyer should begin to assist you in determining your options and defeating the charges against you. If you are
inquiring on behalf of a family member or friend, Jim McEntee can help get them released from custody and protect their
A family member has just been arrested, can I get him out of jail?
- A: In most cases, a judge will either set bail or
allow an accused to be released on his or her own recognizance.
We can appear in court and present information to the judge to maximize the likelihood that he or she will release the
accused person as soon as possible.
What does a consultation cost?
- A: The consultation is free.
We try to give you an understanding ot he law, and possible courses of action open
to you. Usually you can consult with Mr. McEntee the same day you call.
Are there any alternatives to going to jail?
- A: Yes there are. Sentencing alternatives such as
work furlough, community service, and home detention are available
in some cases. In California, most cases of simple drug possession by law cannot be punished with jail time.
Can I get the charges against me reduced?
- A: Often an experienced, aggressive criminal
defense lawyer can secure a reduction of charges.
A determined, prepared lawyer, utilizing a thorough investigation usually wins a more favorable resolution of his
client's case than what the district attorney initially offered.
Can I use a credit card to pay my retainer for the legal services?
- A: Yes, we accept most major credit cards.
In a domestic violence case, can an injured spouse "drop" the charges?
- A: Only the prosecutor can decide to
reduce, amend, or drop charges, and in most domestic violence cases,
the district attorney is reluctant to do so. Again, the more aggressive, dedicated and prepared the lawyer,
the better the result for his client.
What are my chances of convincing
the city attorney not to file charges at a city attorney hearing?
- A: In some cases, the district attorney
can be persuaded not to file charges. This depends on the lawyer mastering the case and consulting
with the district attorney before charging decisions are made.
If I have a past conviction, how can
I get it off my record?
- A: Juvenile convictions can be sealed and
destroyed. Adult felony convictions may be reduced to misdemeanors, and misdemeanor convictions may be
dismissed at the conclusion of probation. In some cases, it is
possible to obtain a certificate of rehabilitation or pardon. However, most forms of relief from
adult felony convictions are only partial. For example, even if an adult felony conviction is later
dismissed, the life-time ban on owning or possessing firearms would remain in place.
Is it possible to get a first-time drug possession case dismissed without it being on my record?
- A: Yes. In fact, this should happen by law,
and does, if the client has been properly advised, and complies
with all the terms of his drug diversion agreement.
If I have a "hit and run" case, is there a way to deal with the other party directly without being
- A: Yes. We are experienced in successfully
negotiating a disposition for such cases which permit the party
whose car has been damaged to be compensated while helping you avoid a criminal conviction.
Can a juvenile charged with their first offense avoid a conviction?
- A: Yes, depending on the circumstances it
is possible to have the juvenile placed on informal probation and
ultimately get the case dismissed without ever sustaining a conviction.
Do you have a question, but don't see it here?
Get the answers to your own legal questions by clicking here.