Delano Criminal Defense Lawyer

Misdemeanors vs. Felonies in California

Understanding what you're facing is the first step in building a defense. California divides most crimes into two categories:

• Misdemeanors are less serious offenses generally punishable by up to one year in county jail, along with fines and probation. Examples include some DUI charges, minor theft, and certain assault cases. While misdemeanors are less severe than felonies, a conviction can still affect your job, housing applications, and immigration status.
• Felonies are more serious crimes that can carry a year or more in state prison, substantial fines, and long-term consequences such as loss of voting rights, firearm restrictions, and mandatory sex offender registration in certain cases. Some charges, known as "wobblers," can be filed as either a misdemeanor or a felony depending on the circumstances and the defendant's criminal history.

Additionally, many offenses in California are classified as "wobblers." This means prosecutors hold the discretion to charge the crime as either a misdemeanor or a felony, depending on the specific facts of the case and your prior criminal history. Our Delano criminal defense lawyer can negotiate with prosecutors before formal charges are filed to try to keep a wobbler at the misdemeanor level.

The Legal Process After an Arrest

Every criminal case in Delano generally follows a similar path through the Kern County court system:

1. Arrest and Booking — Law enforcement takes you into custody and processes your case.
2. Arraignment — You appear before a judge, are formally informed of the charges, and enter a plea.
3. Bail Hearing — The court determines whether you'll be released, and under what conditions, while your case proceeds.
4. Pretrial Motions and Discovery — Your attorney reviews evidence, challenges improper searches or seizures, and files motions that can weaken the prosecution's case.
5. Plea Negotiations — In many cases, an experienced attorney can negotiate reduced charges or alternative sentencing.
6. Preliminary Hearing (for felonies) — A judge determines whether there is sufficient evidence to proceed to trial.
7. Trial — If your case isn't resolved beforehand, it proceeds to a jury trial, where your attorney presents your defense and cross-examines witnesses.
8. Sentencing or Dismissal — Depending on the outcome, the case concludes with sentencing, dismissal, or acquittal.

Having a lawyer involved as early as possible — ideally before your arraignment — gives you the best chance to influence the outcome at each stage.

Why You Should Hire a Lawyer

Attempting to handle a criminal case without an attorney is one of the most common mistakes a defendant can make. Prosecutors are trained negotiators who are not on your side, and the legal system is filled with procedural rules that can work against you if you don't know how to use them.

A qualified Delano criminal defense lawyer can:

• Identify constitutional violations, such as unlawful searches or improper interrogations
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Prepare and present a compelling defense at trial
• Protect you from making statements that could be used against you
• Explain your rights and options in plain language, so you can make informed decisions

At Humphrey & Thompson, we combine courtroom experience with a client-focused approach, keeping you informed at every step and fighting for the strongest possible resolution to your case.

Frequently Asked Questions

Do I need a lawyer for a misdemeanor charge?

Yes. Even misdemeanor convictions carry lasting consequences, including fines, probation, and a criminal record that can affect employment and housing. An attorney can often negotiate a reduced charge or alternative resolution.

Should I talk to the police before hiring an attorney?

No. You have the right to remain silent, and anything you say can be used against you. It's best to speak with a criminal defense lawyer before answering any questions from law enforcement.

Will hiring a lawyer make me look guilty?

No. Hiring an attorney is a fundamental right, not an admission of guilt. It ensures your rights are protected throughout the process.

How long will my case take?

Timelines vary depending on the complexity of the charges. Misdemeanors may resolve in weeks or months, while felony cases can take a year or longer.

Can you guarantee a specific outcome?

No attorney can ethically guarantee a result, but an experienced defense team can significantly improve your chances of a favorable resolution through careful investigation and strategic negotiation.

Serving Delano and the Surrounding Kern County Communities

Humphrey & Thompson proudly represents clients throughout Delano, Bakersfield, McFarland, Wasco, and the broader Kern County area. Our attorneys understand the local courts, judges, and prosecutors, giving our clients a strategic advantage from the very first hearing.