Frequently Asked Questions

Do I need a lawyer if I am innocent?

Yes. Innocent people are wrongfully convicted every year. A lawyer ensures your rights are protected, investigates evidence to prove your innocence, and prevents you from making statements that could be misinterpreted by the prosecution.

What is the difference between a misdemeanor and a felony?

In California, the primary difference is the severity of the punishment. Misdemeanors are lesser offenses punishable by up to one year in county jail, while felonies are serious crimes that can lead to state prison sentences and higher fines.

Should I talk to the police or give a statement?

Generally, no. You should remain polite but exercise your right to remain silent until an attorney is present. Even "harmless" comments can be used against you later in court.

What is a plea bargain, and should I take one?

A plea bargain is an agreement where you plead guilty or "no contest" in exchange for reduced charges or a lighter sentence. Whether you should accept one depends on the strength of the evidence and your attorney's assessment of your likelihood of winning at trial.

Can a criminal conviction be removed from my record?

Yes, California allows for expungement in many cases. If you successfully completed probation and are not currently facing new charges, you may be able to have the case dismissed and the conviction set aside to improve employment and housing prospects.

How much does a criminal defense lawyer cost?

Fees vary significantly based on the case's complexity. Some lawyers charge flat fees, while others use hourly rates or retainers. Many offer payment plans to make legal representation more accessible.

What happens at a California arraignment?

The arraignment is your first court appearance. The judge will officially read the charges against you, and you will enter a plea (guilty, not guilty, or no contest). This is also when bail is typically addressed.

What are my rights during a search and seizure?

Under the Fourth Amendment, you have the right to refuse a search of your person, car, or home if the officer does not have a warrant or probable cause. If police conduct an illegal search, your lawyer can file a motion to suppress that evidence.

What is a diversion program?

Diversion programs allow individuals, often first-time or low-level offenders, to complete rehabilitation or education programs instead of serving jail time. Successful completion can lead to the dismissal of the charges.

How do I choose the right lawyer for my case?

You should look for an attorney with local experience in the specific court where your case is filed. Key factors to consider include their reputation, trial experience, and how effectively they communicate their defense strategy to you.

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Testimonials

Here’s what clients had to say about Kevin Heaney’s work
Kevin did an amazing job. He turned a nightmare into a really manageable situation. Without going into detail, I was facing some complications due to my record that would have made for a lengthy and grand problem. He was able to get it mitigated and really came away amazing, compared to where we started. Worth every penny and more. I feel that the work he did was more than commensurate for what he charged me. I will use him in the future and I would recommend him to family and friends.
G.K.
Amazing honest and efficient lawyer! Kevin knows the ins and outs of the criminal system. He is the definitely the guy to have on your side. I won’t go into the details of the case, but my brother got involve in a domestic violent situation and we needed a good Marin lawyer that wouldn’t charge an arm and a leg to take his case. I was referred to Kevin by a friend of mine. I noticed on the initial phone consultation that he really wanted to help. We were able to work out a very reasonable price for the handling of the case, so we hired him. Kevin worked hard since day one, and he got my bro a very good deal with the DA. Our family is thankful to have hired him.
M.T.
I contacted Kevin when I needed legal representation in a case which I felt required a high level of client service and representation. He was always right there for me when I needed him, whether it was showing up early for hearings, to the individualized attention I received at the courthouse, and having private meetings in his office anytime, as often as needed without any rescheduling. Kevin approached my case with care and made me feel comfortable as he took the time to thoroughly review my case history, explain my options to me, and was readily available and responsive when I had questions or just needed to talk to him. He treated my case with genuine care and attention it deserved and my case results certainly reflected his strong personal and professional attributes. I wouldn’t hesitate to contact Kevin again if the need arises.
M.K.
I received the best possible outcome by giving my case to Kevin Heaney. He fought for me the entire way until he got my case dismissed! I have never come across a lawyer that cares so much about his clients or what happens to them. His rates are very affordable and he is open to negotiate the numbers. It is clear that he wants to help. Kevin knows his stuff and he is on top of it. He is also very personable, kept me in the loop of things throughout the process and always returned my calls and emails. I am grateful and lucky to have found Kevin. He is a true professional and knows how to get it done.
N.H.
I wanted to thank you for the excellent job you did on getting Luis Correa’s case dismissed. You were very efficient and with minimal stress to Mr Correa. He had full confidence in you and you made it very easy for him to put this case in your hands. The fact that he only had to meet with you a few times and only able to provide you with minimal information he had on his case was a blessing that you were able to get the case dismissed! You know your stuff! Thank you once again and Mr Correa is very pleased with the outcome and can get on with his life without this case over him.
M.S.

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DISCLAIMER

The information and content in this website does not constitute a guarantee, warranty or prediction regarding the outcome of any legal representation. The Law Offices of Kevin Heaney welcomes your inquiries. Please be aware that contacting Kevin Heaney or the Law Offices of Kevin Heaney via this website does not create an attorney-client relationship. An attorney-client relationship is not created unless and until: (A) The Law Offices of Kevin Heaney confirms that representing you would not create a conflict of interest with any of our current clients; and (B) satisfactory arrangements for the representation of your interests have been made, including the execution of a client representing agreement. The information and content in this website is intended for viewers in the State of California only. Please do not send any confidential information or any information about any matter that may involve you unless the Law Offices of Kevin Heaney has previously agreed to represent you.