Frequently Asked Questions
Answers to common questions about criminal charges and defense in San Francisco. For advice about your specific situation, call (415) 484-1270 for a free consultation.
What should I do if I’ve been arrested in San Francisco?
Stay calm, do not resist, and do not answer questions or give explanations. Politely state that you want a lawyer and then remain silent. Call an experienced criminal defense attorney as soon as possible — the earlier counsel is involved, the more can be done to protect you.
Should I talk to the police?
No. You have the right to remain silent, and you should use it. Police are trained to elicit statements that can be used against you, even when you believe you are helping yourself. Ask for a lawyer and say nothing else.
Do you offer a free consultation?
Yes. Peter A. Fitzpatrick offers a free, confidential consultation. Call or text (415) 484-1270 anytime to discuss your case.
How much does a criminal defense attorney cost?
Fees depend on the charges and complexity of the case. Mr. Fitzpatrick will discuss fees clearly during your free consultation and can also explain options for managing bail costs.
How does bail work in California?
After an arrest, bail is the amount required to be released while your case is pending. An attorney can advocate at arraignment for release on your own recognizance or for reduced bail, and can advise on bail-bond strategies to save you money.
What is the difference between a felony and a misdemeanor?
Misdemeanors are less serious offenses generally punishable by up to a year in county jail. Felonies are serious crimes that can carry state prison time. Some offenses are “wobblers” that can be charged either way — an experienced attorney can often argue for the lesser treatment.
What is a “strike” under the Three Strikes law?
A strike is a prior serious or violent felony conviction. Under California’s Three Strikes law, prior strikes can double a sentence, and a third strike can mean 25 years to life. A Romero motion may ask the court to dismiss a prior strike in the interest of justice.
Can my charges be reduced or dismissed?
Often, yes. Charges can be reduced or dismissed through suppression of unlawfully obtained evidence, weaknesses in the prosecution’s case, diversion programs, or skilled negotiation. Every case is different, which is why preparation matters.
What areas do you serve?
The Law Office of Peter A. Fitzpatrick is located at 345 Franklin Street and represents clients throughout San Francisco and the Bay Area.