Frequently Asked Questions About Criminal Defense in Los Angeles

If you’ve been arrested or charged with a crime, you likely have questions—many of them urgent. At the Kosnett Law Firm, we believe that understanding your rights and the legal process is critical to protecting yourself and making informed decisions. Below are answers to some of the most frequently asked questions we hear from clients. If you have other questions or if you need immediate assistance to deal with an arrest or criminal investigation, contact our office to meet with an experienced and knowledgeable Los Angeles criminal defense attorney.

What rights do I have after being accused of a crime?

Anyone accused of a crime in California has important constitutional rights designed to ensure a fair process. These include:

The right to remain silent – You are not required to answer police questions during custody or interrogations, and you cannot be forced to testify in court.
The right to an attorney – You have the right to have an attorney present during questioning and throughout your case. If you cannot afford one, the court must appoint a public defender.
The right to be presumed innocent – The government must prove every element of the alleged offense beyond a reasonable doubt.
The right to a jury trial – In most criminal cases, you have the right to a trial by a jury of your peers.
The right to confront witnesses – You may challenge the evidence and cross-examine witnesses who testify against you. You have the right to compel witnesses to appear in court and testify.
The right to a speedy and public trial – You cannot be held indefinitely without your case moving forward.

These rights are the foundation of your defense. Exercise them early, especially your right to remain silent and your right to an attorney. Note that some of these rights can be deliberately or accidentally waived, which is another reason to get advice and representation from an experienced defense lawyer.

What are the different types of pleas and what do they mean?

In a criminal case, you will be asked to enter a plea in response to the charges. The most common pleas are:

Not guilty – You deny the charges and require the prosecution to prove its case beyond a reasonable doubt. This is the most common initial plea, even if a plea deal may later be negotiated.
Guilty – You admit to the charges. This typically occurs as part of a plea agreement and results in the court proceeding directly to sentencing.
No contest (nolo contendere) – You do not admit guilt but accept the conviction. A no-contest plea has the same legal effect as a guilty plea in criminal court but may have advantages in related civil cases.

Your attorney can advise you on which plea is appropriate based on the strength of the evidence and the potential consequences.

Can I be charged with a crime for buying, selling, growing, or possessing marijuana?

Yes—although marijuana is legal in California for adults over 21, there are still laws regulating its use, possession, cultivation, and sale. For instance, you can still face criminal charges if you possess more than the legal amount (28.5 grams of flower or 8 grams of concentrate), if you sell marijuana without a license, if you provide marijuana to a minor, if you grow more than the permitted six plants per residence, or if you use marijuana in public or drive under the influence.

Additionally, marijuana remains illegal under federal law, and you could face federal charges in certain circumstances. If you’re facing drug-related charges involving marijuana, it’s essential to speak with a knowledgeable criminal defense attorney who understands California’s evolving cannabis laws.

Do I need to hire a criminal defense attorney if I know I am innocent?

Absolutely. Innocence alone does not guarantee that charges will be dropped or that you will be acquitted. Prosecutors pursue cases based on the evidence they have, which may be misleading, incomplete, or misinterpreted. Even a false accusation or mistaken identity can lead to serious criminal consequences.

A criminal defense attorney protects your rights, challenges the prosecution’s case, and works to ensure that false or weak charges do not result in a conviction. At the Kosnett Law Firm, we have successfully defended many clients who were wrongly accused or unjustly charged. Do not take the risk of facing the system alone—even when you know the truth is on your side.

Do I need to hire a criminal defense attorney if I plan on pleading guilty?

Even if you think you committed a crime, you may not be guilty of the offense you are charged with, and you could wind up pleading guilty to a more serious offense with more serious consequences. No matter how you plan to respond to criminal charges, it is critical to partner with an experienced Los Angeles criminal defense lawyer who will protect your rights from the beginning of the case. Depending on the offense, our attorneys may help you obtain a lighter outcome by minimizing the charges, or completely eliminating them based on the evidence – or lack thereof – available.

What happens if I’m arrested?

If you are arrested in California, you will typically be taken into custody, booked, and held in jail until your arraignment—your first appearance in court. At this hearing, you will be formally charged and asked to enter a plea. Bail may be set, allowing for your release while the case is pending.

The criminal process then moves into the pretrial phase, where evidence is exchanged and legal motions may be filed. Your attorney will work to challenge the charges, negotiate with the prosecution, or prepare for trial, depending on the circumstances. It is critical to have legal representation from the outset to avoid missteps and take advantage of all possible defenses.

Can the charges be dropped before trial?

Yes. In some cases, charges may be dropped by the prosecutor or dismissed by the court before trial. This can happen if, for example, evidence is found to be insufficient or illegally obtained, key witnesses are unavailable or unreliable, a legal motion to dismiss is granted, or successful negotiations result in a resolution before trial. Your defense attorney plays a key role in uncovering problems with the prosecution’s case and pushing for dismissal when appropriate.

What is the difference between a misdemeanor and a felony?

The main difference is the severity of the offense and the potential punishment. Misdemeanors are less serious crimes and are generally punishable by up to one year in county jail, fines, probation, or community service. Examples include petty theft, simple assault, or DUI (first offense). Felonies, in contrast, are more serious offenses that can result in more than one year of incarceration, often in state prison. Crimes such as robbery, rape, or drug trafficking are classified as felonies.

Some offenses, called “wobblers,” can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor’s discretion. An experienced attorney can sometimes persuade the court or the DA to reduce a felony to a misdemeanor.

Will a conviction stay on my record forever?

A criminal conviction can remain on your record indefinitely unless steps are taken to remove or reduce its impact. Depending on the circumstances, you may be eligible for:

Expungement – A process that clears a conviction from your public record (typically available for certain misdemeanors and non-violent felonies after successful completion of probation).
Record sealing – For arrests that did not result in conviction.
Reduction of a felony to a misdemeanor – In some cases, through Penal Code § 17(b).

Our firm regularly helps clients pursue post-conviction relief and clear their records where possible. A clean record can open up opportunities for employment, housing, and licensing.

Have more questions? Contact Kosnett Law Firm in Los Angeles.

Every case is different, and no FAQ page can replace personalized legal advice. If you or a loved one is facing criminal charges in Los Angeles or the surrounding areas, don’t wait to protect your rights. Contact the Kosnett Law Firm for a confidential consultation and let our experienced criminal defense attorneys guide you through the legal process.