Criminal Law FAQs

Following are answers to questions frequently encountered by Mark Daniel Melnick, Attorney at Law, as he practices criminal defense in courts throughout Los Angeles, Orange County, and Ventura County. If you have other questions or need immediate advice and representation in a criminal law matter, contact Mark Daniel Melnick, Attorney at Law, for a free consultation.

Q. What is my role in my representation?

A. Generally speaking, the lawyer decides questions of strategy and how to handle the case, but the defendant makes the ultimate decisions. This means that you will decide whether you want to go to trial or accept a plea bargain, what plea to enter, whether you want a jury trial or a bench trial, etc. Your lawyer will advise you on your options and the likely outcomes of different decisions, but ultimately there are not guarantees.

Besides making these decisions, your role includes being honest and up-front with your attorney. Withholding information can be disastrous to your case. If you have any questions or do not fully understand your situation, be sure and communicate this fact to your attorney. As your lawyer, it is our job to make sure you understand your situation and the significance of the decisions you are called upon to make. While you may feel alone, you are not.

Q. What should I do if I have been stopped or arrested?

A. It is important to remain calm and respectful toward the police. It is not helpful to argue or refuse to do as you are told. However, you do have certain rights, and you should be firm in exercising them. You do not have to (and should not) consent to any search. If the police have the right to search you or your property, then they do not need to ask your permission. However, they always have the right to search if you consent to it. When asked for your permission to search, just say no. That is your right. If the police tell you they are going to search, however, do not interfere. Any illegal search can be challenged later by your attorney.

You also have the right not answer any questions. This is another right you should exercise religiously. Request to speak with an attorney, and do not talk to the police or the district attorney until you have spoken with your own lawyer. Do not discuss your case with others in the holding cell; whatever you say there may be reported to the police and used against you.

Q. Why do I need a lawyer?

A. The police may try to convince you that you are guilty and that they have evidence of your guilt, and that cooperating with them will give you the best outcome. The police and prosecutor are not on your side; they simply want a confession or a guilty plea so they don't have to risk a trial. The truth is that you may have several defenses available that can save you from a determination of guilt.

Another important factor is that the prosecutor decides what charges to file, and whether to file charges at all. A skilled and knowledgeable criminal defense lawyer can go to work immediately, and sometimes is able to influence what charges are filed, prevent charges from being filed, or have charges dismissed on the strength of the defense or the weakness of the prosecution's case.

Hiring a lawyer who knows the law and the system is your best bet for obtaining the best possible outcome in your given situation. When you hire Dan Melnick, you get a skilled and knowledgeable attorney with over 30 years in the practice of law who is dedicated to providing you with the best possible representation. If you have been arrested and charged with a crime, contact Mark David Melnick, Attorney at Law, for a free consultation.