Frequently Asked Questions

Answer: 

You should contact a San Jose Criminal Defense Lawyer as soon as you are arrested or the police contact you to ask you “a few questions”. Many people make the mistake of thinking that telling the police you want to talk to a criminal defense attorney first will make them “look guilty”. Others think “I can handle this myself.” If you are being investigated for a crime, you need to talk to an experienced criminal defense attorney before you agree to go to the police station to answer a few questions.

Police detectives have years of experience in exactly how to conduct an interview with a criminal suspect. You are at the disadvantage of having either NO information about the subject of the interview or sometimes even having the WRONG information. Police are allowed to lie to you in an investigation. Police do not have to inform you if they are recording an interview with a criminal suspect, or even a telephone conversation. You cannot take back what you have already said to police later! The U.S. Supreme Court realized that the average suspect did not understand all of his/her constitutional rights when they decided the Miranda vs. Arizona case. You need to contact a criminal defense attorney before you get into a problem.

Answer: 

When the police have called you to ask you questions, or after you have been arrested for a criminal offense, most people are frightened and act in a panic. Many people will call the same person a family member or co-worker called when that person was in trouble. Sometimes these are good choices. But remember, cousin Joey’s situation is very different from yours and his expectations from a criminal defense lawyer for his medical marijuana case may not be the same as your needs in a domestic violence case or a drug sales case.

The California State Bar website publishes attorney discipline. AVVO publishes ratings of lawyers by other lawyers or by their clients. Many attorneys have websites with information on the types of cases they have handled. You should look for things such as whether the attorney practices exclusively criminal defense or if the attorney will handle any type of case that pays the bills. You also need to be comfortable with your criminal defense attorney. When I take someone’s case, I ask many personal questions, both about the crime charged as well as about your life, your work, school, community work, etc. You need to feel secure that your criminal defense attorney will do the best job possible for your case, whether it is as serious as a homicide or sex case, or as simple as a petty theft.

You need to take enough time to make an informed choice. This may be one of the most important decisions you will make. Do not simply run down a list of phone numbers as though you are calling to see who delivers Hawaiian Pizza in your neighborhood!

An experienced criminal defense attorney will not agree to take every single case in every single courthouse, just to take your money, but will let you know if he/she is a fit depending on the timing of your criminal case, the attorney’s caseload, the jurisdiction where the case occurs, as well as your budget.

Answer: Hiring an experienced criminal defense lawyer from San Jose Criminal Law Office is as easy as 1, 2, 3. Even if you are hiring us on behalf of a friend or loved-one in jail, or from outside the San Jose, CA area, we make it simple to get the legal representation you or the defendant deserves. Just follow these three easy steps:

Step 1: Contact Us

If you are local, just call or e-mail our office to set up an appointment. 

Hiring From Out of the Area

If you are calling or writing from out of the area, we can consult by way of phone for basic information. If you wish to meet in person, contact us to set an appointment. On the other hand, if you decide after phone consultation to hire us, our company can take payment by either check or by major credit cards and e-mail the fee agreement to you.

Step 2: Free, Confidential Consultation

Your first consultation is to determine if we will be working together and is free and confidential. We will discuss your case, your options and how to move forward. Our office is located in downtown San Jose at:

255 N. Market St., Suite 170
San Jose, CA 95110
Map and Directions

Hiring On Behalf of Someone in Jail

If you are calling or writing on behalf of someone in jail, we will need to talk to you first before seeing the prospective client. If we will be meeting someone in jail, you will need to give us his/her name, date of birth, location (which jail is he in?), and booking number if you have it. If you don’t have that information, simply the name and date of birth and county of incarceration are most important. We do take collect calls. All calls from the jail are collect. 

Step 3: Retainer Contract and Fee Agreement

After we meet, if you decide to hire our firm, we will complete a contract or retainer agreement setting forth what you can expect from us and the payment our office would expect from you.

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At the Law Office of San Jose Criminal Defense Attorney Maureen Furlong Baldwin, attorney Baldwin will personally handle your case. Many people complain that when they research a criminal defense attorney, the lawyer that they hired does not actually come to court. That is not the case in the San Jose Criminal Law Office. I take your case seriously, whether it is a petty theft, a domestic violence, or a murder, and will handle it personally.

As with all San Jose Criminal Defense Lawyers with an established practice, there are times when the attorney is in trial or has been ordered by the court to be in two courts at the same time. I am sensitive that your time is valuable. When those situations occur where I am scheduled to cover two matters, I let the client know in advance. In many instances, it is not necessary for the client to be in court for every court appearance. When there is an unavoidable conflict, I will associate another criminal defense attorney to cover your court appearance, simply to postpone the matter until I am available.

Your phone calls regarding the status of your criminal case will be returned quickly, no later than the evening after court. I communicate by e-mail and am happy to update my clients about the status of their case via e-mail if this is what they wish. However, your privacy is paramount. I will not leave case status voice mails or e-mails, or send U.S. mail unless I am informed that you personally will be able to access these communications. The Law Office of San Jose Criminal Defense Attorney Maureen Furlong Baldwin will treat your case with all the personal attention and care that is required.

Answer: According to California Penal Code section 1203.4, a defendant has the right to have his or her guilty pleas set aside and the case dismissed after successful completion of probation. This is commonly referred to as a record clearance. Obtaining a record clearance can sometimes be combined with a motion to reduce a felony to a misdemeanor. When a criminal defendant is charged with a felony for which he/she is placed on probation, and the crime is an alternative felony/misdemeanor (wobbler), after successful completion of probationary requirements, the defendant can apply to the court to have the balance of their probation shortened in many circumstances, as well as having certain felonies reduced to misdemeanors, and their case will show as dismissed pursuant to PC 1203.4. While this is not the same as avoiding the conviction in the first place, it can be an excellent help in getting your criminal record cleaned up to avoid problems with potential employers. Most medium to large sized companies now hire firms to check a prospective employee's criminal record. In today's tight job market, this may result in your being turned down instead of hired.

Answer: Many couples that are not usually physically abusive to each other have found themselves facing domestic violence charges for what they believed was just an argument. While it certainly is not a crime to argue with your significant other, I have seen domestic violence arrests made over a tug of war over house or car keys, a door slammed in a spouse's face, a push, or even robust wrestling over the blankets in bed. Domestic violence arrests result in the police taking the "offending" partner to jail, even when the spouse who called the police, sometimes simply out of anger, or because "things were getting out of hand", asks the police not to arrest the party or just to give the other person a lecture. The police department is not a marriage counseling service. When 911 is dialed and a domestic violence incident is reported, officers come out to the home with the intention of investigating a crime and arresting a spousal abuser. If you have been arrested for domestic violence, you need legal assistance. The consequences involve a jail term, a period of probation, and a one year long counseling program for which absences are not excused. A conviction for domestic violence is considered a violent crime. The arrested party is almost never allowed to be released without bail, no matter what are the wishes of the "abused" party. These crimes can also result in deportation for parties who are not U.S. citizens. Needless to say, although this type of arrest can occur in a volatile argument between spouses who normally have a good relationship, a conviction for these charges will mar your relationship with your spouse and family, as well as result in a criminal record. If you have been arrested for domestic violence, do not just wait to see what happens in court contact San Jose Criminal Defense Attorney Maureen F. Baldwin now.

Answer: Some felonies may not be reduced. Those are usually serious felonies, but can include possession for sale of drugs, simple possession of certain drugs, false imprisonment, depending on how it is charged, and even some Vehicle Code offenses. If you have been to state prison on a crime, it can never be reduced to a misdemeanor. Many felonies are alternative felony - misdemeanors, where the Code permits punishment in either the state prison or the county jail. If you have been given probation or a county jail sentence for those crimes, you may petition the court to have them reduced to misdemeanors. It is not automatically granted. You do not have a right to a re-classification, as in a record clearance. They must be dealt with on a case by case basis. It is best to involve a criminal defense lawyer if you have questions about re-classifying a felony to a misdemeanor.

Answer: When someone is in custody, he/she has a right to remain silent. The most difficult question deals is whether you are "in custody". This is not as obvious as it seems and there have been a number of court decisions where a court must decide this issue. These issues often arise when someone has agreed to an interview at the police station but is told he is not under arrest. Most simply, if the officer is asking you questions in your home or your car, but you are free to leave if you choose, then the Miranda Rights do not apply. On the other hand, if you are in jail, the police car, or handcuffed, the officer cannot ask questions without reading your Miranda rights. Failure to read these rights results in the answers being inadmissible in a trial against you. Even then, the courts have carved out exceptions: For example, if a defendant testifies differently under oath than he said to the police, the officer may be able to testify to the "non- Miranda" confession in certain circumstances. "Miranda rights" are often the subject of appellate court decisions, and therefore can change depending on the present state of the case law. If an officer is investigating you, you are not required to be interviewed and should immediately consult an attorney. You should also remember that statements that are volunteered to an officer without the police actually asking you any questions are "fair game" for court.

Answer: The Fourth Amendment to the U.S. Constitution guarantees a right to be free from unreasonable searches and seizures. If the officer has a warrant, he can generally search. However, he may be limited by the terms of the warrant itself as to whether the actual search is lawful. There are also issues that arise as to whether the judge should have issued the warrant in the first place. These are complicated legal challenges. Most often, a search has occurred without a warrant. When someone is not on parole or probation, a search cannot occur if it is "unreasonable". If an officer sees contraband in plain sight, it is generally a legal search, unless the officer is not lawfully in the area where he sees the contraband. Sometimes "exigent circumstances" allow a search that would normally not occur. For example, if someone calls the police to report a crime occurring in your home, it may or may not be lawful for the police to enter, depending on the source of the information and the seriousness of the situation. These are not simple matters to sort out on your own. An attorney should be consulted to advise you what course to take regarding a potential challenge to the search.

Answer: Because sex offenses happen most often in relative privacy, any man or teenage boy is a potential target of false sexual allegations. Since you don't see this as a possible scenario, it is difficult to guard against false allegations. If a man does not know a woman very well, and engages in sexual behavior, he runs the risk that the woman may have unresolved issues or simply feel the next day like she was "forced" into sex or even simply touched inappropriately. Obviously, the surest way to avoid false allegations is common sense--to know your partners well. Of course, many men and women engage in casual sex occasionally. The results can clearly be dangerous to both sexes. The "pickups" that are most easily reported as false allegations often involve partners that have had too much alcohol or are under the influence. Someone is more likely to be a target if both parties are out alone, or in a strange area where there are no witnesses to a person's conduct. This is really common sense as opposed to legal advice.

It is also important to keep track of your surroundings if you are with a casual date or new acquaintance that you do not know well. If you are in a bar setting, you may have friends or acquaintances present that could be your witnesses later if a false allegation is leveled. You may know the bartender or wait staff. Possibly the staff may be familiar with your potential partner. Did she come to the party or restaurant with friends? Try to remember details. Be aware of your own potential alibi. If you go out right after work, you may have a sign out log or co-workers who can attest to your whereabouts if you are accused of misconduct before the time you meet a potential date. When you return home, a roommate may be able to remember when you came in. If you go out with a "new friend", be aware that many places such as convenience stores, fast food restaurants, parking lots and gas stations have cameras. You may need to obtain a copy of a store videotape later, if you are accused of sexual misconduct at a time you are actually purchasing gas, or groceries from a quickie-mart. If you purchase something to eat or drink, save your credit card receipts or even cash register receipts.

The problem, of course, is that it is difficult to live your social life as though you are in a spy movie. Also, no one can account for all of his time if you are in a private setting. However, if false allegations are made against you or someone you know, it is easier to reconstruct your time if you can document where you were at what time, and who you met at which point in time.

Answer: The Santa Clara County Jail booking information can be reached by calling (408)299-2305. However, that phone number is almost always busy. It is quite easy to get information online by going to their website www.sccgov.org. You can access booking and bail information, as well as visiting and mailing information, and future court dates by following the appropriate prompts.