At Simmons Wagner, LLP, we strive to help clients feel informed and confident about their legal matters. Below are some common questions we receive. Please note that this information is not legal advice; it is meant for general guidance. For personalized counsel regarding your specific circumstances, call us at (949) 439-5857 or send an email to info@simmonswagner.com to schedule a confidential consultation.
Do I Really Need an Attorney?
Answer: While not every legal issue requires an attorney’s assistance, many matters—especially those involving criminal charges or complex litigation—can dramatically affect your rights, finances, and future. An experienced lawyer helps you navigate the legal system, protects your interests, and works toward the best possible outcome.
How Do I Know Which Attorney or Practice Area I Need?
Answer: We handle a broad range of legal matters, including (but not limited to) criminal defense and appeals. If you’re unsure whether we cover your specific concern, call us at (949) 439-5857. We’ll clarify whether your matter falls within our practice areas or if you might need a referral to another specialist.
What Is a “Free Consultation”?
Answer: A free consultation is an opportunity for you to discuss the broad details of your case with one of our attorneys at no initial cost. We typically use this meeting to identify key issues, gather preliminary information, and advise on potential next steps. This consultation does not create an attorney-client relationship until you decide to formally engage our services and we agree to represent you.
How Does Your Fee Structure Work?
Answer: Our fee structure varies depending on the nature of the case:
- Criminal Defense: Often structured as a flat fee or hourly rate, depending on the complexity.
- Civil Litigation: Generally hourly billing or contingency fees for certain types of cases.
- Appeals and Post-Conviction: Usually hourly or flat fee, as appeals can be unpredictable in scope.
Before starting any work, we’ll provide a clear, written fee agreement detailing costs and payment arrangements.
What Is the Difference Between a Misdemeanor and a Felony in California?
Answer:
- Misdemeanors typically involve less severe offenses punishable by up to one year in a county jail, plus potential fines or probation.
- Felonies are more serious and can result in multi-year sentences in state prison or extensive fines.
In some cases (“wobblers”), the prosecutor can charge an offense as either a misdemeanor or a felony, depending on factors like criminal history and the crime’s specifics.
How Long Will My Case Take?
Answer: The timeline can vary widely based on factors such as:
- The court’s schedule and backlog.
- The complexity of the legal and factual issues.
- Whether a plea or settlement is reached early, or if the case goes to trial.
During our initial consultation, we’ll discuss anticipated timelines and keep you informed as your case progresses.
Can You Guarantee a Specific Outcome?
Answer: No ethical attorney can guarantee results. Outcomes depend on the strength of the evidence, legal precedents, the opposing party’s actions, and court rulings. We do, however, promise to advocate zealously on your behalf, using our experience and resources to pursue the best possible resolution.
What Should I Bring to My First Consultation?
Answer: Please provide any documentation that might be relevant to your case, such as:
- Police reports, summons, or citations.
- Court documents, notices, or previous judgments.
- Contracts, agreements, or correspondence linked to your issue.
- Any written statements or evidence you believe will help us understand the situation.
We encourage you to make notes of any questions you have so we can address them during the meeting.
How Do Appeals Work?
Answer: If you believe errors occurred during a trial or ruling, you may have grounds to appeal. Appeals focus on legal and procedural mistakes rather than re-litigating the facts. The appellate court reviews trial records and written briefs to determine if the lower court’s decision should be upheld, reversed, or sent back for further proceedings. Due to strict deadlines and technical requirements, it is critical to consult an appellate attorney promptly.
Will My Information Remain Confidential?
Answer: Yes. Our firm is committed to strict confidentiality under the attorney-client privilege. Any details you share with us in the context of seeking or receiving legal advice are privileged and will not be disclosed without your permission, except under very limited circumstances dictated by law.
Practice Area Related FAQs
- Can Being Accused and Investigated for Fraud Shut Down My Business?
- Can business fraud charges be reduced or dismissed?
- Can hiring a defense attorney really help reduce or dismiss business fraud charges?
- Can I be arrested for sexual assault without evidence?
- Can my business rebuild trust after a fraud allegation?
- Can my social media posts be used as evidencecourt?
- Can Sex Crime Charges Be ExpungedCalifornia?
- How Can I Fight a DUI ChargeCalifornia?
- How Do I Know If I Qualify for Expungement?
- Is it okay if I talk to an investigator without my lawyer there?
- Is it possible to get a DUI for sleepingyour car?
- What are the early signs that my business is under investigation for fraud?
- What are the first steps I should take if I am accused of money laundering?
- What constitutes insider trading and how can I be charged
- What defenses are available if I’m facing sex crime chargesCalifornia?
- What do I do if I was subpoenaed for business records?
- What do I do if I've been accused of a sex crime?
- What do I do if I’ve been falsely accused of sexual assault?
- What Exactly Counts as Money LaunderingCalifornia?
- What is Cryptocurrency Fraud?
- What is the Difference Between Drug Possession and Intent to Sell?
- What should I do if I'm accused of business fraud but believe it was an honest mistake?
- What should I do if I’m accused of accounting or payroll fraud at my business?
- What’s the difference between a Prosecutor and a Defense Lawyer?
Contact Us
If you have further questions or would like to discuss your case in detail, Simmons Wagner, LLP is here to help. Call us at (949) 439-5857 or email info@simmonswagner.com to schedule a free, confidential consultation. We look forward to providing the legal guidance you need to move forward with confidence.
