There are many common questions (And answers) about criminal defense. Questions and answers about criminal defense can vary from case to case and from facts regarding the case. This is by no means legal advice. If you need specific legal advice about your criminal defense matter or you have your own questions, you can feel free to call us for a consultation. Importantly, the consultation will be with an attorney that will consult you on your questions and answers about criminal defense for your case. Even though this is not to be construed as legal advice, you can get a legal consultation and advice on the particulars of your case when you consult a lawyer in person or via phone.


The questions and answers about criminal defense that are very common are as follows:

Can I go to jail for a misdemeanor charge?

The answer to this question is most certainly, yes. Misdemeanors are punishable by jail time up to a year in prison. The amount of jail time varies greatly depending on the misdemeanor crime. In some cases, you will not face little jail time. However, in other cases, you face a lot of jail time. In either case, an attorney can help you negotiate your jail time with alternatives, mitigating circumstances, or weekend jail time. No attorney should guarantee a particular outcome, but you can seek advice on what similar cases with similar facts have been able to be reduced in jail time.

Can I go to jail for a felony charge?

If you can go to jail for a misdemeanor up to a year, you can go to jail for a felony charge. Felony charge are usually defined as a crime with a year or more of jail time as a penalty if convicted. However, every person convicted of a felony charge does NOT go to jail. Sure, the majority do, but not all. You certainly can increase your chances of staying out of jail by hiring an attorney to look at all the aspects of your case. By hiring a lawyer, you can increase your chances of your charges being dismissed or reduced.

How much is my fine?

There are many ways you can investigate how much your fine amount. A rule of thumb, for misdemeanor cases, is that your fine amount will be pretty close to the amount of your bail. If you didn’t get arrested you can call the clerk to get an estimate of your fine amount. When you hire an attorney, the law office will conduct your case facts, including the amount of the original fine. Keep in mind fine amounts may sometimes be reduced.

Do I have to get drug tested for my criminal defense matter?

Can you? Yes. Will you? It depends on a number of factors. One factor is the type of charge you are charged with. Is the charge related to drugs? If so, your chances just got higher for having to drug test. Some judges require a clean drug test in order to enter into a pre-negotiated plea, before sentencing, before entering a pretrial diversion program, or before dismissing the case. Your attorney will be able to give you a better case analysis prediction on this question  based on the particular facts of your case.

What will happen in court at my criminal defense hearing?


Is this criminal defense a misdemeanor or a felony?

There are instances in which you have many charges. Some could be felonies, while others could remain misdemeanors. Sometimes you only have one charge, but are unsure of the type of charge. If you got arrested, the jail should be able to tell you or a family member the charges and whether it is in their system as a felony or misdemeanor. Another place that can inform is the clerk’s office. If you are going to a Superior court for criminal charges AND the county has a state court, your case is most likely a felony. Likewise, if you are going to State court for a criminal charge your case is probably a misdemeanor. Your lawyer will be able to investigate each of your charges and give you the information on what type of charge they are.

What is the difference between a misdemeanor and a felony?

A misdemeanor is punishable for up to a year in prison and is considered a lessor crime. Felonies are punishable for a year or more in prison. Also, it is considered a more serious crime. A good attorney can explain the differences based on your particular charges.


Need more questions and answers about criminal defense? Call us for a no-obligation consultation.