Find Criminal Defense Lawyers Near You in Burbank, CA

Typical costs for a criminal defense lawyer in California vary widely based on the severity of the charges and the attorney experience. For a standard misdemeanor like a first-time DUI or petty theft, flat fees range from $2,000 to $5,000. More complex misdemeanors such as domestic violence or a second DUI cost between $5,000 and $10,000. Felony cases, including drug trafficking, assault with a deadly weapon, or white collar crimes, generally require retainers of $10,000 to $25,000 or more, especially if the case proceeds to trial. Hourly rates for criminal defense attorneys in California typically fall between $300 and $800 per hour, with a retainer deposited into a trust account and billed against as work is performed. Some attorneys offer payment plans, though full upfront payment is common for flat-fee arrangements.

These figures are general estimates and do not constitute legal advice. Actual costs depend on the specific facts of your case, the attorney you choose, and the court where your case is filed. You should consult directly with a qualified criminal defense lawyer in Burbank to obtain a precise fee quote and discuss payment options. No attorney-client relationship is formed by reading this information.

Criminal defense law in Burbank, California covers a broad spectrum of charges ranging from minor infractions to serious felonies. Misdemeanors in California include offenses such as petty theft (Penal Code 484), simple assault (PC 240), and first-time DUI (Vehicle Code 23152), which carry maximum jail sentences of up to one year in county jail and fines up to $1,000. Felonies, by contrast, include crimes like grand theft (PC 487), drug trafficking (Health and Safety Code 11352), assault with a deadly weapon (PC 245), and sex offenses such as sexual battery (PC 243.4) or statutory rape (PC 261.5). White collar crimes, including embezzlement (PC 503), fraud (PC 470), and identity theft (PC 530.5), often involve complex financial evidence and can result in state prison sentences ranging from 16 months to several years. Weapons charges under PC 25800 (carrying a concealed firearm) or PC 30605 (possession of an assault weapon) carry mandatory minimum sentences in some cases. Understanding the classification of the charge is the first critical step in building a defense strategy.

California has unique state-specific laws that significantly impact criminal defense in Burbank. The California Penal Code establishes sentencing guidelines that vary by offense, with many crimes carrying a low, middle, and high term. For example, second-degree burglary (PC 459) carries a low term of 16 months, a middle term of 2 years, and a high term of 3 years in state prison. California also has mandatory minimum sentences for certain offenses, such as a minimum of 3 years for a first-time DUI causing injury (VC 23153) and 15 years to life for a third strike under the Three Strikes Law (PC 667). The state also maintains strict probation and parole rules, including mandatory GPS monitoring for certain sex offenders (PC 290) and drug offenders placed on Proposition 36 probation. Parole violations can result in a return to custody for up to 12 months for a felony violation. Additionally, California Proposition 47 reclassified many nonviolent felonies, such as simple drug possession (HS 11350) and petty theft of property valued under $950, as misdemeanors, which can reduce potential penalties.

Constitutional rights form the bedrock of any criminal defense case in Burbank. The Sixth Amendment guarantees the right to counsel, meaning every defendant has the right to an attorney at every critical stage of the proceedings, from arraignment through trial. Miranda rights, established by Miranda v. Arizona, require law enforcement to inform a suspect of their right to remain silent and their right to an attorney before any custodial interrogation. If a suspect is not read their Miranda rights, any statements made may be suppressed in court. The Fourth Amendment protects against unreasonable searches and seizures, requiring that police obtain a warrant based on probable cause before searching a home, vehicle, or person. Exceptions include consent, exigent circumstances, and the plain view doctrine. The right to a speedy trial under the Sixth Amendment and California Penal Code 1382 requires that a defendant be brought to trial within 60 days of arraignment for a felony, or within 30 days for a misdemeanor, unless the defendant waives this right. Bail and bond procedures in California are governed by the California Constitution and Penal Code 1268-1300, with bail amounts set according to a county bail schedule. For serious felonies, a judge may deny bail entirely under PC 1275.

The criminal process in California follows a structured timeline from arrest through potential appeal. After an arrest, the defendant is booked at the local jail, typically the Burbank Police Department jail or the Los Angeles County Jail. The arraignment must occur within 48 hours of arrest (excluding weekends and holidays), where the defendant is formally charged and enters a plea of guilty, not guilty, or no contest. A bail hearing often occurs at the same time, where the judge sets or modifies bail. Pretrial motions, such as motions to suppress evidence under PC 1538.5, must be filed within 45 days of arraignment for felonies. Plea negotiations can occur at any time, with the prosecutor offering a deal that may reduce charges or recommend a specific sentence. If no plea is reached, a preliminary hearing for felonies must be held within 10 court days of the arraignment to determine if there is probable cause to proceed to trial. Trial for a misdemeanor typically lasts 1 to 3 days, while a felony trial can last 1 to 4 weeks. If convicted, sentencing occurs within 20 to 30 days after the verdict. Appeals must be filed within 60 days of the judgment for a felony, or within 30 days for a misdemeanor.

Hiring a criminal defense lawyer in Burbank involves understanding fee structures and expectations. Retainer fees vary significantly by case severity: a simple misdemeanor such as petty theft or first-time DUI typically costs between $2,000 and $5,000 as a flat fee. More complex misdemeanors, such as a second DUI or domestic violence (PC 273.5), range from $5,000 to $10,000. Felony cases, including drug trafficking, assault with a deadly weapon, or white collar crimes, generally require retainers of $10,000 to $25,000 or more, especially if the case goes to trial. Some attorneys charge hourly rates ranging from $300 to $800 per hour, with a retainer deposited into a trust account and billed against. Public defenders are available for defendants who cannot afford a private attorney, as guaranteed by the Sixth Amendment, but they often carry heavy caseloads. Flat fees are common for standard cases like DUIs or simple drug possession, while hourly billing is more typical for complex felonies or cases involving extensive motions and discovery. Payment plans are sometimes available, though many firms require the full retainer upfront.

Local factors in Burbank and Los Angeles County shape how criminal defense cases proceed. The Burbank City Attorney handles misdemeanor cases within city limits, while the Los Angeles County District Attorney prosecutes felonies in the Burbank Superior Court, located at 300 East Olive Avenue. The Burbank court is known for a relatively efficient docket, but the Los Angeles County DA office has specific priorities, including aggressive prosecution of gang-related crimes, domestic violence, and DUI offenses. Diversion programs are available for certain first-time offenders, such as drug diversion under PC 1000 for nonviolent drug possession cases, which can lead to dismissal upon completion of treatment. Drug courts in Los Angeles County offer an alternative to incarceration for eligible defendants with substance abuse issues, requiring regular court appearances and treatment compliance. Mental health courts, established under PC 1370, provide specialized supervision for defendants with mental illness. Local jail conditions at the Burbank Police Department jail are generally short-term holding facilities, while longer-term detention occurs at the Los Angeles County Jail in downtown Los Angeles, which has faced federal oversight for conditions. Understanding these local tendencies can help a defendant and their counsel navigate the system effectively.