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Over 35 Years Experience Protecting the Rights of the Accused

Frequently Asked Questions

Each allegation is unique, and depends on the circumstances of the arrest, the nature of the crime, and even the jurisdiction within which a person is accused or arrested. If you have been arrested or charged with a crime, call 800-400-2060 for information concerning your particular situation and for guidance regarding locating someone in custody, Bail, OR Release, and the initial Arraignment, as well as further proceedings.

For immediate assistance, call Mr. Schreiber at 800-400-2060, 24 hours a day. You can also contact me through this website.

What is the difference between a felony and a misdemeanor?

Misdemeanors and felonies are different categories of crime. A misdemeanor is a crime in which the penalty does not exceed one year in the County Jail; a felony conviction can result in a State Prison Sentence in excess of one year. Both types of offenses can result in monetary fines, or probation.

What do I do if I've been arrested for a DUI?

First, you must be sure you understand your right to request a hearing before the DMV, and that request must be made within 10 days of your arrest. Call 800-400-2060 for more information.

If I have been arrested, do I have to appear personally on the Arraignment date?

A lawyer may appear for a person accused of a misdemeanor without an appearance by the defendant. However, if arrested for a felony, the defendant must appear personally each and every time the case is set, including the first arraignment following an arrest.

What is a white collar crime?

"White collar" crime generally refers to illegal financial gain achieved through deception rather than through force or violence. White collar crime often involves sophisticated computer knowledge or a deep understanding of complex business and financial systems. Charges may result from police work, or from regulatory investigations by the U.S. Department of Justice, the U.S. Attorneys' Office, the Securities and Exchange Commission, or other government bodies. Some of the most common types of white collar crime are:

  • securities fraud
  • insider trading
  • embezzlement
  • computer fraud
  • stock manipulation
  • money laundering
  • RICO violations
  • procurement and health care fraud
  • bad checks

White collar crimes can be prosecuted in state or federal court depending on which laws the defendant is charged with violating.

What are the initial steps in a criminal proceeding?

If you are charged with a misdemeanor or a felony, you have the right to representation by an attorney at every stage of the proceedings. For most criminal cases, the proceedings include the following general steps:

Upon your arrest, the police will read Miranda rights. The "Miranda" warning informs you of your rights before questioning can begin. These rights are to be taken seriously and a request for legal representation should be made immediately at the commencement of questioning, and in response to the Miranda warnings.

  1. You have the right to remain silent and to refuse to answer questions.
  2. Anything you do say may be used against you in a court of law.
  3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. (It is advisable that you ask for an attorney at this stage of the questioning)
  4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.
  5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney.
  6. After arrest, you will be booked, which is when your name and personal information are taken. You will be fingerprinted and photographed.
  7. The first court appearance is called the arraignment. You enter your plea (guilty, not guilty, or no contest), and receive a written accusation of the alleged crime. . If your plea is "not guilty," the court sets a date for trial. You should retain counsel or ask the judge to appoint counsel at the arraignment before you enter a plea.
  8. If you have not been released already on bail OR (own recognizance) the court sets your bail or has you detained until your next hearing. Bail can be as simple as giving your word to appear at your next court hearing, but can require posting thousands of dollars as a bond. If bail is set at a higher level, a bail bondsman may provide the payment for a fee and a security interest in your property. Your security may be forfeited if you do not show up for your next court date.

Call Immediately for a Free Phone Consultation
24 Hours a Day - 1-800-400-2060

If you have been arrested or accused of a crime, it is imperative to Contact My Office Now or call immediately for advice and consultation- 1-800-400-2060.

Located in Irvine, my office serves clients throughout the state of California, including the Inland Empire Counties of Riverside and San Bernardino, and the Counties of Orange, Ventura, Los Angeles, and San Diego as well as the cities of Newport Beach, Santa Ana, Costa Mesa, and Laguna Beach.

Law Offices of
Kenneth L. Schreiber

Newport Gateway, Suite 1100
19800 Macarthur Boulevard
Irvine, CA 92612-2423
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Irvine criminal defense attorney Kenneth L. Schreiber represents clients throughout California's Inland Empire, including Riverside, San Bernardino, Newport Beach, Santa Ana, Costa Mesa, Laguna Beach, San Diego, Ventura, Los Angeles, Mission Viejo, Beverly Hills, Corona Del Mar, Aliso Viejo, Laguna Hills, Huntington Beach, Orange, Villa Park, Dana Point, Fountain Valley, Tustin, Lake Forest, Westminster, Anaheim, Vista, Fallbrook, Temecula, Marietta, and other communities in Orange County, Los Angeles County, Riverside County, and San Bernardino County.

The Law Offices of Kenneth L Schreiber

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