Question 1

Common questions

Accepted Answer

These are short answers to questions I get asked most. None of this is legal advice for your specific case — for that, call.

Question 2

You used to be a prosecutor. Why does that matter for me?

Accepted Answer

Matthew was previously a Deputy District Attorney at the Stanislaus County District Attorney's Office. He prosecuted felony cases, including serious and violent ones, through preliminary hearing and trial. What that changes for a defense client: he learned the criminal justice system from the inside — how charging decisions get made, what filing deputies look for, what plea offers can be authorized at what level of the office, and which cases the DA will fight to the end. That doesn't decide any specific case. It changes the questions the defense asks at the front end and the offers it pushes for. What it doesn't change: the work. Reviewing the discovery, interviewing witnesses, filing motions, and trying the case where the offer doesn't reflect what the case actually is. That's the same on either side of the courtroom. One important caveat: under California Rule of Professional Conduct 1.11, Matthew cannot represent clients in matters he personally and substantially worked on as a Dep

Question 3

Should I talk to the police?

Accepted Answer

Not without a lawyer. You have a right to remain silent, and using it is not an admission of anything. Politely say "I'd like to speak with an attorney before answering questions," and then stop talking. That includes "explaining your side." Officers are trained to keep you talking; statements made before charges are filed get used after they are.

Question 4

I haven't been charged yet, but a detective wants to talk. What now?

Accepted Answer

Pre-charge investigations are the best window to do something useful. The choices made before charges are filed — whether to give a statement, whether to consent to a search, whether to turn over a phone — shape everything that comes after. Call before you talk to anyone.

Question 5

What is an arraignment?

Accepted Answer

The first court hearing. The judge tells you what you're charged with, you enter a plea (almost always "not guilty" at this stage), and the court addresses bail and future dates. In Stanislaus County, felonies and misdemeanors are arraigned at 801 10th Street in Modesto. If you're out of custody, you must appear unless your lawyer files to appear for you.

Question 6

What's the difference between a misdemeanor and a felony?

Accepted Answer

A misdemeanor carries up to one year in county jail. A felony carries 16 months, two, or three years (or longer for serious or violent offenses) and can be served in state prison or, for non-violent / non-serious cases, county jail under PC 1170(h). Some charges — called "wobblers" — can be filed as either, and reducing a felony wobbler to a misdemeanor is often a real defense outcome.

Question 7

What happens to my license after a DUI arrest?

Accepted Answer

Two separate things start after a DUI: the criminal case and a DMV action. The DMV will suspend your license automatically unless you request an Administrative Per Se (APS) hearing within 10 calendar days of the arrest. The criminal case in Stanislaus County Superior Court runs on its own track. You can win one and lose the other.

Question 8

How much does a criminal lawyer cost?

Accepted Answer

It depends on the charge, the complexity, and how far the case goes. A misdemeanor that resolves at a pretrial hearing is very different from a felony that goes to trial. I quote a flat fee for most cases after I see the discovery, so you know the cost up front.

Question 9

Can I get a public defender?

Accepted Answer

If you can't afford a private attorney, yes — Stanislaus County has a Public Defender's Office, and the court will appoint counsel after you fill out a financial declaration at arraignment. Public defenders are real lawyers doing real defense work; they're also carrying caseloads that private counsel are not. Whether you should hire private counsel depends on your case and your finances, not on a sales pitch.

Question 10

What's a "plea bargain"? Should I take one?

Accepted Answer

A plea bargain is an agreement with the District Attorney to resolve the case without trial — usually a guilty or no-contest plea to a reduced charge or in exchange for a sentence cap. Most cases resolve this way. Whether you should take an offer depends on what the case actually looks like after the discovery is reviewed: the police report, body-cam, lab results, witness statements. A good offer on a weak case is a bad deal.

Question 11

Can I clear my record?

Accepted Answer

Often, yes. California Penal Code 1203.4 allows many convictions to be dismissed (commonly called "expungement") after probation is successfully completed. Arrests that didn't lead to conviction can sometimes be sealed under PC 851.91. Felonies reduced to misdemeanors under PC 17(b) open up further relief. None of this happens automatically — you have to file and serve a motion.

Question 12

Will this show up on a background check?

Accepted Answer

Arrests and convictions appear on most background checks unless they've been sealed, expunged, or reduced. Even an expunged conviction may show up in some federal or licensing checks. The realistic answer for any specific record is "let me look at it" — different employers and licensing bodies see different things.

Question 13

What if there's a warrant out for me?

Accepted Answer

A warrant won't go away on its own, and avoiding it makes it worse. Most warrants are best resolved by appearing in court with counsel, often through a "walk-through" calendared at arraignment. I can usually get you on the calendar within a few days and walk in with you.

Question 14

Do you handle federal cases?

Accepted Answer

Federal cases originating in Stanislaus County are filed in the U.S. District Court for the Eastern District of California, usually the Fresno Division. Federal practice is its own world — different rules, different sentencing, different timelines. Engagements are confirmed case-by-case at the first call.

Question 15

How long will my case take?

Accepted Answer

It depends on the charge, the court's calendar, and whether the case settles or goes to trial. A simple misdemeanor can resolve in a few hearings over two or three months. A serious felony can take a year or more. The honest answer at the first call is usually a range, and the range gets tighter once we see the discovery and the DA's offer.