Stefano L. Molea

Generally, yes. The obvious reasons are familiarity with judges and prosecutors. There are times when an effective strategy involves action and timing surrounding which judge will be in a courtroom or which prosecutor will be making important decisions. There are also, in some occasions, different approaches depending on the personality of the judge or prosecutor. Unless you are familiar with the local courts, you simply cannot factor in those variables. Also, if engaging in plea negotiations, the “value of a case,” meaning, what is a good resolution for the defense, can vary greatly from county to county. Therefore, it won’t be possible for a lawyer with little or no experience in the San Diego County courthouses (Vista, Downtown, Chula Vista and El Cajon) to effectively evaluate whether an offer by the prosecution is a good deal. Ideally you want to hire a law firm with the right combination of experience, familiarity, and reputation.

Yes, you can be arrested without a warrant. This is typically called a “probable cause arrest.” If a police officer has probable cause that a felony has been committed, they can arrest you in any public place or other place that they are lawfully permitted to be in. For example, if they pull you over for expired tags but they have probable cause to arrest you for a felony, they can do so at the traffic stop. Or, as is very common, they will come to your home, ask you to step outside to speak to them (since they can’t enter your home without a warrant or without your permission) and when you are outside they arrest you. With misdemeanors, the general rule is that the misdemeanor has to occur in the presence of the officer, but there are exceptions; for example, with certain driving under the influence situations or when a complaining witness conducts a citizen’s arrest soon after the incident and asks the police to effectuate the arrest.