Criminal Defense FAQ | The Law Office of Zak Fisher

About representation at the firm

How much does the firm charge for criminal defense?

The firm charges flat fees quoted in writing before any retainer is paid. The flat fee is set by the case type and stage (pre-filing, post-filing through pretrial, trial). There are no hourly bills. Specific ranges are discussed during the free 20-minute consultation.

Is the consultation free?

Yes. The Law Office of Zak Fisher offers a free 20-minute phone consultation to anyone facing a pending criminal charge in Los Angeles County. There is no obligation to retain.

Who handles my case at the firm?

Attorney Zakary R. Fisher personally handles every case the firm accepts, from intake through resolution. There are no associates, no paralegals fielding case questions, and no appearance counsel covering court dates.

What types of criminal cases does the firm handle?

The firm focuses on misdemeanor criminal defense throughout Los Angeles County. Felony matters are accepted on a case-by-case basis. For a complete list of offenses handled and deep practice-area information, see losangelesmisdemeanorlawyer.com.

About the court process

What is the difference between a misdemeanor and a felony in California?

Misdemeanors are punishable by up to one year in county jail. Felonies are punishable by more than one year, served in either county jail (low-level felonies under PC 1170(h)) or state prison. Some offenses, called “wobblers,” can be filed as either misdemeanor or felony at the prosecutor’s discretion.

Do I have to attend every court date in my misdemeanor case?

For most misdemeanors, no. California Penal Code section 977(a) allows counsel to appear on the defendant’s behalf at most court dates without the defendant being personally present. Critical proceedings (entering a plea, sentencing in some cases) require personal appearance. More on PC 977(a) counsel-only appearances.

How long does a typical misdemeanor case take?

Most LA County misdemeanor cases resolve within 3 to 9 months from arraignment, depending on the complexity, the volume of discovery, motions filed, and whether the case proceeds to trial. Diversion-eligible cases may take longer to fully complete (typically 6 to 24 months of diversion period) but reach a stable status much faster.

What happens at the arraignment?

At arraignment, the court formally reads the charges, advises the defendant of the maximum penalties and constitutional rights, addresses bail or release conditions, and the defendant enters a plea (almost always “not guilty” at this stage). Future court dates are scheduled. Step-by-step on what happens at an LA County misdemeanor arraignment.

About diversion and dismissals

Can my case be dismissed without going to trial?

Yes, in several ways: (1) the prosecution drops the charges on its own after defense investigation; (2) the court grants a motion to suppress evidence that destroys the case (PC 1538.5 motion to suppress); (3) the defendant successfully completes pretrial diversion under PC 1001.95, mental health diversion under PC 1001.36, or military diversion under PC 1001.80.

What is PC 1001.95 diversion?

California Penal Code section 1001.95 authorizes a court to grant pretrial misdemeanor diversion. The court suspends proceedings, imposes conditions (community service, treatment, restitution), and dismisses the case upon successful completion. Domestic violence, DUI, and stalking are statutorily excluded.

About attorney communication

How do I communicate with the attorney during my case?

Clients can reach the attorney directly throughout the case via email, phone, or the firm’s case management system. As a solo practice, there are no associates or intake staff filtering communication, questions go directly to Zak Fisher.

Will I receive updates between court dates?

Yes. The firm sends written updates after every court appearance and at any significant case milestone (filing decision, discovery production, plea offer, motion ruling).

About expungement and record-clearing

Can my conviction be expunged?

Most misdemeanor convictions in California are eligible for dismissal under Penal Code section 1203.4 after successful completion of probation. The process is commonly called expungement, though the legal effect is set-aside and dismissal rather than removal of the record. The firm handles 1203.4 expungement petitions on a flat-fee basis.