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Oakland Criminal Justice Process

When you’re facing the most difficult situation of your life, you need the support of an aggressive, experienced, and dedicated Oakland criminal defense attorney like Elliot Silver. If you’re being investigated, charged with, or arrested for a crime, you need someone who understands your situation and can help you fight back against those who are making accusations against you. Your predicament may seem dire, but we will help.

When you’re dealing with the criminal justice system, you need the commitment that Silver Law Firm will give you. We will listen to your story, evaluate every piece of evidence, and develop a plan that protects your freedom. Elliot Silver gets results in court.

Call us today at (510) 995-0000 to find out how we can help you.

I needed a lawyer to get my felony reduced to a misdemeanor. I hired Elliot because he went the extra mile in finding out how it could be done and followed up with me even before hiring him…He knows all the district attorneys as well as the judges, so that is a bonus… I would recommend hiring him, and the only advice I can give is to trust him.”

Silver Law Firm Client

Are You Facing Criminal Charges in California?

Whether this is your first time being charged with a crime or you’re an old pro, you still need an experienced attorney to protect you, advise you of your legal options, work to get you out of jail as quickly as possible, and fight for you in court. With a history of success and a reputation for vigorously attacking the prosecution’s case, attorney Elliot Silver gets results for his clients. He will conduct an in-depth review into the events that led to your arrest, how the police became aware of your alleged involvement, what evidence exists for and against you, and whether the evidence was lawfully gathered. Elliot will listen to, and answer, all of your questions so you can be fully informed about all the decisions you will have to make throughout the duration of your case.

At Silver Law Firm, we stand ready to help you:

  • Review whether your rights were violated during your arrest
  • Determine whether any searches and seizures were lawful
  • Determine whether any warrants used in connection with your case were valid
  • Utilize the bail and bonds system so you can get out of jail as soon as possible
  • Seek alternative sentencing to avoid incarceration
  • Avoid asset forfeiture to prevent loss of property

Understanding the California Penal Code

If you have been charged with a crime in California, it is likely described in either the California Penal Code, Health and Safety Code, Vehicle Code, federal law, or local ordinances.

Within California’s legal codes, there are two broad levels of criminal offenses:

Misdemeanors can range in severity, but if convicted can result in no more than one year of incarceration. Some misdemeanors carry maximums of 180 days and some 90 days. These are typically served at half-time pursuant to Penal Code §4019. That is, you will be given credit for serving two days for every one days in jail, this is called day-for-day credit. This is a privilege, however, and half-time credits can be taken away if it appears that you have not “satisfactorily complied with the reasonable rules and regulations” while in custody.

In California, felonies are more serious offenses that can be punished by a term of more than one year in jail, and up to life in prison. You will also serve half-time for a felony offense unless it is considered a “violent felony.” You must serve at least 85 percent of your time in prison for a violent felony.

There are other essential aspects of California’s Penal Code to understand:

Wobbler and Wiggler Offenses

A wobbler offense in California is one that can be charged and sentenced as either a misdemeanor or a felony depending on the circumstances. The decision on how to charge you is left up to the prosecutor’s discretion. We will work to get your felonies reduced and your record cleared.

Three Strikes Law

Under California law, if you have previous felony convictions that are considered violent and dangerous, your subsequent conviction can result in a much longer prison sentence. A third conviction for a serious and violent felony will lead to life in prison. Three strikes, and you’re out.

Have you been charged with a crime? Contact Silver Law Firm today.

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The California Criminal Court Process

When you hire a criminal defense attorney like Elliot Silver, you hire a champion with a thoroughbred pedigree of success. Elliot will be your champion as you battle the California criminal court process. There will surely be over-zealous prosecutors driven by a need for strong conviction rates or political pressure to appear tough on crime, but your rights and your life shouldn’t be sacrificed for their careers. By partnering with attorney Silver, you can be sure that someone familiar with the process is fighting for you to have your charges reduced or dismissed. At Silver Law Firm, we are not driven by political pressure or superiors not involved in your case. We are employed by you, loyal to only you, and we are dedicated to keeping you informed and achieving the best result.

Defending Against Criminal Charges

If you are charged with a criminal offense, it will be critical to stay one step ahead. Without a strong defense strategy, even weak evidence presented by a prosecutor can sometimes appear convincing. That’s why you should work with your lawyer to learn about all of your options and the possible defenses to criminal charges. At Silver Law Firm, we will not only attack the evidence against you, but will uncover any exculpatory evidence or mitigation not known or disclosed by the prosecutor. 

Whether you are the victim of mistaken identity, or your actions do not actually support the crime for which you are charged, attorney Elliot Silver will expose the holes in the prosecution’s case. If the prosecution cannot meet their burden of proof, Silver Law Firm will obtain the results necessary to get your life back.

However, there are also times when the evidence is strong and a conviction is likely. In these situations, you may have little chance of winning an acquittal, but that does not mean that all is lost, or there is nothing to fight for. Through aggressive negotiation and presenting you and your case in the best possible light, your attorney can minimize and mitigate the consequences of a conviction with a plea agreement that both parties can live with. Our job is to protect you, and if a plea agreement is your best option, attorney Silver will work relentlessly until a favorable agreement is reached.

To learn more about your options, review our Criminal Defense FAQs and contact us today.

Options After a Conviction

The criminal justice process does not necessarily end upon a conviction. If you don’t agree with the outcome of your trial, you still have options. You have the right to file an appeal to a higher court, which can reverse or amend the previous ruling. Your notice of appeal must be filed within 60 days of sentencing, so it is critical that you contact us immediately at to protect your right to appeal.

A dedicated attorney can help you determine the best reasons for appealing and hopefully overturning your conviction. Some of the most common issues raised on appeal are:

  • Erroneous rulings on pretrial motions
  • Improper admission or exclussion of evidence presented at trial
  • Improper exclusion of evidence presented at trial
  • Improper statements by the prosecutor
  • Mistakes in the jury instructions.
  • Jury misconduct

Contact an experienced criminal justice process attorney today to learn about criminal appeals and writs. You may have the option to have a higher court review your case for error, which could lead to a very different outcome.

If you are not going to appeal or you filed an appeal and lost, then it is time to look at other options that will clear your name. At Silver Law Firm, we truly believe that a single mistake should not define the rest of your life. Once you successfully complete your sentence or demonstrate your compliance, you may be able to clear your record or even terminate your probation early. Either will help with school, work, immigration issues, and child custody matters.

Contact an Oakland Criminal Justice Lawyer

Attorney Elliot Silver understands your situation and will help. He will evaluate every piece of evidence against you and work to obtain the best outcome. Attorney Silver will negotiate with the prosecutor to get a good plea agreement on the table. If the offer is too much, Elliot will take your case all the way to trial. Elliot does not like to lose. He is not afraid of the criminal justice system. He will fight back for you and help you avoid the harshest punishments.

Call Silver Law Firm today at (510) 995-0000 to find out how we can help.