Criminal Defense Lawyer, Santa Rosa

We understand your legal issues do not define who you are. We aren't here to judge, we're here to help.

Ordinary and decent people face the unwelcome news of criminal charges every day. If you become one of them, you deserve more than just an criminal defense attorney. You deserve compassion, respect, and the strongest legal representation you can get.

The Law Offices of Michael A. Fiumara offer a powerful team of experienced legal professionals who will dedicate themselves to protecting you, your job, and your reputation. We do all we can to minimize the impact your case has on your day-to-day life, making every effort to keep you working, out of jail, licensed to drive, and away from the hassles of court.

Since 1992, we have represented the accused in a vast and varied range of cases, including:

• Serious felonies
• Misdemeanors
• All types of drug offenses
• All types of DUI cases
• Fish and game violations
• Juvenile crimes
• Probation violation
• Sex crimes, indecent exposure and lewd conduct
• Theft and embezzlement
• Domestic violence
• Assault and battery
• Driving with a suspended license
• Fraud and forgery
• Trespassing
• DMV Hearings
• Repeat offenses

We offer reasonable prices, payment plans, and a thorough knowledge of new criminal laws. Contact us to start taking your life back today!

Know your rights:

• You do not have to speak to the police or answer their questions. They can use what you say to arrest you, and your words can come back to haunt you in court. Remember: there is no such thing as an off-the-record conversation with the authorities!
• Never agree to a search of your home, car, clothing, or body. Doing so can harm you later in court. Exceptions may apply if you are on parole or probation that places search terms upon you; otherwise, do not give consent!
• If the police say they have a search warrant, ask to see it.
• If you are "free to go" at any time while talking to the police, you should leave. In this situation, officers do not have to recite your Miranda rights; they can use any incriminating statements as grounds for your arrest, and against you later in court.
• Never give false identification or Social Security numbers to the authorities. Doing so will land you in jail with new charges, which may include felonies that authorities may use to deport you if you are not a citizen.
• In public spaces, you have fewer legal safeguards against arrest than you do in your home. Almost anywhere can be "public space," including roadways and inside business establishments.
• Keep in mind you do not have the right to interfere with a police officer. Doing so is obstruction of law enforcement and will lead to your arrest.
• Lying to the government and its agents, including police officers, is a crime. Don’t do it.

When stopped for questioning:

• Do not disrespect or run away from the police. They will most likely arrest you.
• Ask if you are under arrest. If so, ask why. You have a legal right to know.
• Refusing to answer questions may make police suspicious, but is not cause for your arrest.
• Refusing to identify yourself on the street is not cause for your arrest.
• The police can legally search you if they suspect you may be concealing weapons. Do not resist, but state that you do not consent to further searches.

When stopped in your car:

• Pull over as soon as you can, but leave your seatbelt on so the officer does not cite you for driving without it.
• Show your driver's license, vehicle registration, and proof of insurance upon request. The law requires it.
• If you are on probation or parole, make sure you know the terms and conditions thereof. The court may have imposed search requirements upon you. Otherwise, never consent to a search!
• Police might search your car without permission if they have probable cause or a warrant. They may also conduct a search if they arrest you, and especially if they impound your vehicle. Even in these cases, never give consent! Doing so may harm you later in court.
• You do not have to discuss the reason for the stop, where you are going or anything about your "status." Only give your name and address.
• If an officer issues a ticket, sign it. Refusal may lead to your arrest.
• If the police arrest you, various circumstances may affect whether you should consent to a blood, urine, or breath test. Call us for further advice!
• Any controlled substances in your body, and some prescription medicines, may lead to a DUI arrest and the suspension of your license. A blood test is more accurate than a breath test.
• If you refuse a urine, blood, or breath test and you are later convicted of driving under the influence, your driver's license will be suspended for a year.
• Remember: most vehicle stops result from minor offenses, such as outdated registration tags, cracked windshields, or tail lamps out. Follow all traffic laws and make sure your vehicle is "street legal" to avoid run-ins with police.

When arrested or taken to a police station:

• Resisting arrest or detention is a crime. Authorities may charge you with a misdemeanor or felony, on top of your original charges, if you resist.
• Officers can use force to overcome your resistance or prevent your escape, including deadly force if they feel you will cause great bodily injury to others.
• The police can legally search the area near your arrest, even in your home. However, they cannot search your entire property without consent or a warrant.
• If police arrest you outdoors, they cannot search your car or home without a warrant.
• Ask to see a criminal defense attorney immediately upon your arrest. Memorize the number beforehand.
• Until speaking with an attorney, tell the police nothing but your name and address. Do not give explanations, excuses or stories. Do not make any decisions in your case without first talking to your lawyer.
• Police will record your speech and even body movement in the patrol car and jail, whether you are alone, with officers, or alongside another suspect. They will use these recordings as evidence against you; therefore, the safest approach is silence.
• If you cannot afford legal representation, you are entitled to it for free through the Public Defenders Office, and should ask the police how to contact a criminal defense lawyer.
• Within three hours after your arrest or immediately after your booking you have the right to make two free and complete phone calls in the local dialing area. You can call a criminal defense lawyer, a bail bondsman, or any other person.
• The police may listen to any of these calls except the one to your criminal defense lawyer, whom you should contact first. When calling your attorney, we advise you to state, "This telephone call is between me and my attorney. It is privileged, protected, and confidential communication." (We have our firm’s phone numbers on the jailhouse logs so that when you call us, police will not record it.)
• Many counties, including Sonoma County, now work closely with Immigrations Custom Enforcement. If you are not a citizen, contacting a lawyer right away is especially important.
• On the next court day after your arrest, authorities must take you before a judge, who might release you without bail or merely cite you. If not, ask to be released, or see if the judge will lower your bail. (Our firm always makes a strong appeal at your first hearing for immediate release, often bringing in employers or family members to bolster our argument.)

Arrest warrants:

• The police cannot usually arrest you in your home without a warrant. Exceptions apply in order to prevent you from running, endangering others, destroying evidence, or damaging property.
• An arrest warrant must bear the signature of a magistrate or judge, who needs probable cause to believe you have committed a crime.
• Once authorities issue a warrant, any law enforcement officer in the State can arrest you - even without a copy on hand. Generally, there is no time limit on using a warrant to make an arrest.
• When officers come to serve an arrest warrant, they may legally break into your home if you refuse entry or if they deem it necessary to prevent your escape.
• Ask to see the warrant. If the arresting officers do not have it with them, they must allow you to view it as soon as is practical.
• As soon as possible, you should give your attorney any paperwork that law enforcement leaves behind.

Bail:

• "Bail" is money or other security deposited with the court to ensure you will appear. A schedule in each county sets the amount.
• For some traffic citations, you may be able to forfeit or give up bail instead of appearing in court, which works as a conviction. However, if you have any doubt, go to court to make certain the judge does not issue a new arrest warrant for your failure to appear.
• Bail forfeiture does not apply to misdemeanors or felonies. If you fail to appear in these cases, you will lose your bail, and the judge will issue a new warrant for your arrest.
• Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will need to stay in custody for the time being.
• Depending on where your arrest happens, you may be able to request reduction through a bail commissioner.
• When you appear in court for bail setting or release, the judge will consider the seriousness of the offense with which you are charged, any prior failures to appear (even for traffic tickets), any previous criminal record, your connections to the community, and the probability that you will appear in court. Generally, the judge sets bail according to a written schedule based on your charges.
• Instead of making bail, the court may release you on your own recognizance ("O.R." or "supervised O.R."). This means you do not need to pay bail, because the judge believes you will show up for your court appearances without it.

Arraignment:

• You have the right to arraignment without unnecessary delay - usually within two court days after your arrest. At the arraignment, you will appear before a judge who will officially announce the charges against you.
• The court may appoint an attorney if you cannot afford one, and also might raise or lower bail depending on the circumstances of the case. In addition, you can ask for release on O.R., even if a judge set bail previously.
• If your charge is a misdemeanor, you can plead guilty or not guilty at the arraignment. If the court approves, you can also plead "no contest," meaning you will not contest the charge. This is legally the same as a guilty plea, but unless the charge is punishable as a felony, others cannot use it against you in future non-criminal cases.
• Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, find out whether your county has any drug diversion programs. If so, the court may let you attend counseling in place of fines or jail time, dismissing your charges upon completion.
• If you plead not guilty to misdemeanor charges and the court does not drop them, your case will go to trial.
• If you plead not guilty to felony charges and the court does not drop them, the next step is a preliminary hearing.

Preliminary Hearing:

• During the preliminary hearing, usually within ten court days of the arraignment, the district attorney's office must present evidence showing a reasonable suspicion that you have committed a felony. The judge must determine whether there is sufficient evidence to bring you to trial.
• You may have a second arraignment. If felony charges remain after the preliminary hearing, your case will go to trial in superior court.
• If you face criminal charges but cannot understand English, you have the right to an interpreter throughout the proceedings.

Advice from a Criminal Defense Attorney - If you are under investigation:

• If you feel you may become the focus of a police investigation, please call us at(707) 571-8600.
• Law enforcement will use whatever you say against you and others.
• Do not make incriminating statements on the telephone. In some cases, the police may have secured a signed warrant to tap your phone line or that of the opposite party.
• Do not make incriminating statements on voice mail or answering machines, nor should you make them via emails, texts, social media websites like Facebook, or by any other means of electronic transmission where recording is possible. There will not normally be an expectation of privacy, and the prosecution will use your recordings as evidence in court.
• If you are in custody, do not make incriminating statements to friends, family, or other visitors. Police often record these statements and may also trace your phone calls. This evidence can enhance your penalties, and authorities may also use it to arrest other friends and family members.
• Police and other law enforcement agents cannot legally search your house without either consent or a warrant.
• If officers have a warrant, you cannot stop them from entering and searching. However, you should tell them that you do not consent to a search, which limits them to searching only where the warrant specifies. There also may be a flaw in the warrant, or even a missing signature, in which case your refusal to give consent can protect you in court later.
• You have the right to see the search warrant. It must detail the places officers can search, as well as the items they may seize.
• You have the right to ask questions about the warrant, but police will often say you are interfering with the search, and therefore might arrest you even if the search is illegal.
• Ask if you may watch the search. If so, observe as much as you can, and write it in a journal as soon as possible. Please take detailed notes including names, badge numbers, and which agency the officers are from. If other family members or friends are present, have them act as witnesses.
• Give all the recorded information to your attorney as soon as possible. Please write at the top of your notes, "Confidential, attorney-client privileged information. For attorney's eyes only."
• Do not obstruct the search, even if it is illegal. The officers may arrest you. If you can, have a witness there to say you did not give consent, and record the names and badge numbers of the officers present. If a judge later finds the search illegal, prosecutors will not be able to use evidence from the search against you in criminal court.
• You do not have to answer questions, even if the police have a search warrant, so don't. Please control your children as well, who may blurt harmful information.
• If officers come to your home but lack a warrant, they may try to lure you out of your residence beyond the "threshold," or entryway, to make the arrest legitimate. Therefore, never come out of your residence to talk to the police.
• Your roommates or guests can consent to a search of your house if police believe they have the authority to do so. (You will be able to argue this in court later.)
• In certain emergency situations, such as when someone in your house screams for help or when a suspect enters your home while running from police, officers may come inside and search without a warrant. The law limits searches of this kind, but that does not stop law enforcement from ransacking your house!
• Police need a warrant to search your office, but your employer can consent to a search of your workplace without your permission. Be very careful about bringing personal information, photographs, and anything else that may incriminate you to your place of work. Be cautious about how you use your office computers, and of what you store on them.
• If you do not speak English, we advise you to keep a document that reads, "I do not consent to this search."
• If law enforcement violates your rights, do not try to deal with the situation at the scene. Discuss it with an attorney or file a complaint with the Internal Affairs or Civil Complaint Board. Some counties, like Sonoma County, have no such mechanism; in these cases you should make a complaint through the police agency involved.
• Some organizations can initiate a complaint on your behalf, including the American Civil Liberties Union, the National Lawyer Guild, the U.S. Commission on Civil Rights, and the American-Arab Anti-Discrimination Committee.

Expungements:

Repair your criminal record!

Restore your rights!

• Do you need a clean rap sheet to get a better paying job or a license?
• Is your criminal record holding you back in life?
• Do you want to join the military or some other professional organization and the scales of justice are weighed against you?

This office can help you get your record repaired now! Twenty years of experience in criminal defense and a history of successful record repair:

• Misdemeanor and felony dismissal
• Early termination of probation
• Reduction of felony to misdemeanor
• Sealing of juvenile records
• Sealing of arrest records
• Certificate of rehabilitation and pardon

Felony expungement:

A felony conviction on your record can weigh you down mentally and prevent you from obtaining meaningful employment. In today's very competitive job market, most employers conduct background checks. Therefore, it is essential that you do everything possible to give yourself the best possible opportunity in this extremely competitive job market. Under Penal Code section 1203.4, there is an allowance for us to file a petition on your behalf with the court to have your felony conviction expunged. Once granted by the court, this petition will set aside your original conviction and allow you to apply for jobs with complete confidence so that you may answer honestly that you have never been convicted of a felony! Californi Penal Code section 1203.4 permits a person with a felony conviction to petition the court to have the court reopen the case, set aside your guilty plea, your nolo contendere (no contest) plea or factual finding of guilt, and set aside the conviction and dismiss the case. Moving forward in this regard you will no longer be considered to have been convicted of a felony by the State of California. Your criminal record will be permanently changed to display a dismissal rather than a felony conviction. After the conviction is expunged by the court, you can truthfully tell employers, your family, and all other interested parties that you have not previously been convicted of a felony.

Misdemeanor expungement:

In California, being convicted of a misdemeanor does not just weigh on you mentally, but it will affect you negatively when you seek to secure employment in this very tough job market. This affects you and your family's future. The good news is that there is relief available that allows you to forget your past and embrace your future. This law firm will file a petition with the court on your behalf under California Penal Code section 1203.4. We will ask the court to expunge your misdemeanor conviction. Once granted by the court, this petition will set aside your original misdemeanor conviction and allow you to pursue employment opportunities with complete confidence. You will not have to worry about answering honestly that you have never been convicted of a crime!

You qualify for a Penal Code section 1203.4 misdemeanor expungement if you satisfy the following criteria:

1. You have to be charged with a state court conviction, not a federal one.
2. You must have successfully completed probation; however, if you are not given probation, at least one year must pass since your conviction date. However, if you are still on probation, there are some early termination probation services that we can offer you.
3. It is imperative that you have satisfied all of the requirements of your sentence, including fines, restitution, mandatory program compliance, community service, and other requisites that were imposed by the court at the time of sentencing.
4. In order to qualify, you must not currently be charged with another ciminal offense, be on probation for another criminal matter, or be serving a sentence for another criminal offense.

This firm will focus on cleaning your criminal background, making it possible for you to wipe the slate clean. We offer a variety of services such as expungements, early probation termination, and sealing of arrest, drug and juvenile records. It is time to put your history behind you! Please call (707) 571-8600 and speak to either Michael A. Fiumara or Mary R. Dang for a confidential consultation!