Bakersfield Criminal Defense Attorney

Getting arrested for a misdemeanor or felony crime in Kern County, CA, can be a stressful experience. Local law enforcement and residents are known to be tough on crime.

After being arrested, it's crucial to exercise your right to remain silent and refrain from making any statements to law enforcement before consulting a criminal defense lawyer. This is because any statement you make could potentially be used against you in court.

Kern County Superior Court, Metropolitan Division, 1415 Truxtun Ave., Bakersfield, CA 93301

Unfortunately, many people are unaware of their constitutional right to remain silent or realize that Kern County prosecutors will likely use their own words against them to convict them.

The prosecutor has to prove, beyond any reasonable doubt, all the elements of the crime to convict you.

They will also typically seek the maximum penalties if you are convicted, whether you are charged with a misdemeanor or a felony crime.

This underscores the importance of having an experienced criminal defense lawyer by your side, who can either negotiate a favorable settlement or vigorously defend you in court, providing you with the best possible defense.

Most people arrested in Kern County are residents of Bakersfield, while others drive through the county and get pulled over by police.

Type of Crimes We Handle in Kern County, California

Our Bakersfield criminal lawyers handle a wide range of misdemeanor or felony crimes in the Kern County Superior Court, including:

domestic violence such as Penal Code 243(e)(1) domestic battery,
corporal injury to a spouse under Penal Code 273.5 PC,
violations of a restraining or protective order under Penal Code 273.6 PC,
criminal threats under Penal Code 422 PC,
assault and battery under Penal Codes 240 and 242 PC,
drug possession under Health and Safety Code 11350 HS,
drug sales under Health and Safety Code 11351 HS,
credit card fraud under Penal Code 484(e) - 484(j),
sex crimes such as lewd conduct with a minor under Penal Code 288 PC,
sexual battery under Penal Code 243.4 PC,
rape under Penal Code 261 PC,
child pornography under Penal Code 311 PC,
theft crimes, including burglary under Penal Code 459 PC,
shoplifting under Penal Code 459.5 PC,
grand theft auto under Penal Code 487(d)(1) PC,
joyriding under Vehicle Code 10851 VC,
violent crimes such as assault with a deadly weapon under Penal Code 245(a)(1) PC,
attempted murder under Penal Code 664/187 PC,
white collar crimes like embezzlement under Penal Code 503 PC,
driving under the influence of alcohol or drugs under Vehicle Code 23152 VC,
hit and run charges under Vehicle Code 20001 and 20002 VC,
reckless driving under Vehicle Code 23103 VC,
weapons and firearms offenses,
parole and probation violations,
bail hearings,
federal crimes such as wire fraud under 18 U.S.C. 1343.

Kern County Superior Court

Most people arrested by the Bakersfield Police Department or the Kern County Sheriff's Department are transported and booked at the “Central Receiving Facility” in Bakersfield, CA.

The defendant's criminal cases are processed through the Kern County Superior Court:

Metropolitan Division, 1415 Truxtun Ave., Bakersfield, CA 93301
Delano Courthouse, 1122 Jefferson Street, Delano, CA 93215
Lamont Courthouse, 12022 Main Street, Lamont, CA 93241
Mojave Courthouse, 1773 State Highway 58 Business, Mojave, CA 93501
Ridgecrest Courthouse, 132 E Coso Ave, Ridgecrest, CA 93555
Shafter Courthouse, 325 Central Valley Hwy, Shafter, CA 93263
Juvenile Justice Center, 2100 College Ave, Bakersfield, CA 93305

Any traffic violations are handled by the Metro Traffic Division, 3131 Arrow Street, Bakersfield, CA 93308

What is the Court Process in Bakersfield?

After being arrested and booked into jail, you will typically be released to appear in court at a later date. Depending on the case, you may be required to post bail or be released on your own recognizance (OR), meaning you promise to appear for all future court appearances.

Depending on the case, you could be required to post bail or be released on your own recognizance (OR), meaning you don't pay any bail but instead promise to appear for all your future court appearances.

It should be noted, however, that if you are charged with a misdemeanor crime, you could retain a private criminal defense lawyer to appear on your behalf.

Yes, this means you don't have to personally appear in court for a misdemeanor offense as long as your lawyer is there to represent you. However, if you are charged with a felony, you will usually be required to appear personally at all future court dates.

Bench Warrant

If you fail to appear at a scheduled court date, the judge will typically issue a bench warrant for your arrest. A bench warrant never expires and remains active indefinitely.

If you fail to appear for a scheduled court date, the judge will issue a bench warrant for your arrest.

This means you could be arrested and extradited to Kern County at any time you have contact with law enforcement in Bakersfield, anywhere in California, or throughout the United States.

If there is an active bench warrant for your arrest, you must personally appear in court for a hearing before a judge will recall (quash) the warrant.

Again, in some misdemeanor cases, your criminal lawyer might be able to appear on your behalf.

Plea Bargaining with Prosecutor

After the court arraignment, your criminal defense lawyer and the Kern County prosecutor will discuss an attempt to resolve the criminal case with a plea bargain.

Of course, details matter, and the charges and circumstances of the case will dictate how the case proceeds. Convincing a prosecutor to reduce the charges or dismiss the case might be possible.

If your criminal lawyer and the prosecutor cannot agree on settling the case, it will proceed to trial.

Preliminary Hearing

If you are charged with a felony, you are generally entitled to a preliminary hearing, but not in misdemeanor cases.

A preliminary hearing is commonly referred to as a “prelim,” a court appearance to determine whether the prosecutor has sufficient probable cause to hold you over to answer charges. Prelims are basically an automatic rubber-stamp approval for the District Attorney.

However, they offer an advantage for the defendant, as their criminal lawyer can see the prosecutor's strategy for obtaining a conviction. This can help the defense plan a method to fight the case.

If convicted, you will be sentenced either as part of a plea bargain or by a judge or jury. This could include jail time and fines, or you may be granted probation instead of jail time.

Successful Case Outcomes

Federal False Statements Case: A military employee was accused of making a false statement to gain access to a secure installation. After our office presented evidence, the prosecutor decided not to charge our client, and the base commander permitted our client to return to the facility.
Domestic Violence Case Dismissed: In a domestic violence case, a doctor was accused by his ex-wife of assault. Our office noted insufficient evidence for the prosecutor, resulting in the case being resolved through a diversion offer that led to dismissal.
Release of Federal Criminal Defendant: A significant white-collar crime involving an alleged loss of over 100 million dollars is pending in several federal jurisdictions. The firm successfully secures the release of the main defendant in the indictment after months of legal proceedings.
Murder Charges Dismissed: The murder charge was dismissed at the preliminary hearing after defense witnesses and a mental health expert testified about the client's PTSD.
Sex Crime Case Dismissed: Mental health diversion led to a dismissal for a doctor accused of misdemeanor sex crimes and required to register under Section 290.

Contact Our Law Firm for Assistance

If you have been charged with a crime in Bakersfield or anywhere in Kern County, California, contact our criminal defense attorneys to review the details and discuss your legal options.

Through a process known as prefiling intervention, we may be able to negotiate with the prosecution to avoid the formal filing of charges altogether.

Eisner Gorin LLP is a top-rated criminal defense law firm with two offices in Los Angeles County. We also serve people living in California City, Tehachapi, Delano, Maricopa, McFarland, Taft, and Wasco. Please call our office at (310) 328-3776 to schedule a consultation.

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