& Experienced
Merced County Criminal Defense Attorney
Personally Led Defense in Merced and Los Banos
An arrest or criminal charge in Merced County can place your freedom, employment, professional licenses, family relationships, and reputation at risk. Decisions made during the earliest stages of the case may affect everything that follows.
Tai C. Bogan is a California State Bar Certified Criminal Law Specialist who has practiced criminal defense since 2006. He represents clients facing misdemeanor and felony charges in Merced, Los Banos, and throughout Merced County.
Attorney Bogan personally reviews the evidence, directs the defense strategy, handles material negotiations, and oversees the preparation and presentation of the defense.
Depending upon the client’s needs and the complexity of the case, The Bogan Law Firm may bring experienced contract attorneys, paralegals, investigators, and expert witnesses onto the defense team. No matter who joins the team, Attorney Bogan remains responsible for leading the defense and making the critical strategic decisions.
The client always makes the final decision about whether to accept a plea agreement or proceed to trial.
Yes—Attorney Bogan Will Be Personally Involved in Your Case. Learn How We Handle Your Defense.
🏆 Why Clients Choose The Bogan Law Firm
- ✅ California State Bar Certified Criminal Law Specialist
- ✅ Criminal defense practice since 2006
- ✅ More than 500 contested proceedings
- ✅ AV Preeminent® Rated, 2020–2026
- ✅ Northern California Super Lawyers® Selection, 2019–2025
- ✅ Personally led defense strategy
- ✅ Misdemeanor and felony representation
- ✅ Representation before and after charges are filed
- ✅ Trial preparation when an acceptable resolution cannot be reached
No attorney can guarantee the result of a criminal case. Every case depends upon its facts, evidence, procedural history, applicable law, prosecutor, and court.
⚖️ Criminal Cases We Handle in Merced County
The Bogan Law Firm represents clients in a wide range of California criminal matters.
🚔 DUI and Driving Offenses
A DUI arrest may result in two separate proceedings: the criminal case and an administrative action involving the California Department of Motor Vehicles.
Potential defense issues may include:
- Whether the traffic stop was lawful
- Whether the person was actually driving
- Field sobriety testing
- Breath-testing procedures
- Blood collection and laboratory analysis
- Rising blood alcohol
- Prescription or nonprescription medication
- Whether the evidence proves impairment
- Whether the officer complied with required procedures
🏠 Domestic Violence Charges
Domestic violence allegations can result in an arrest even when the complaining witness does not want anyone prosecuted. Once the case is submitted, the prosecutor—not the alleged victim—generally decides whether criminal charges will be filed or continued.
These cases may involve allegations under Penal Code sections 273.5, 243(e)(1), 273.6, criminal threats, stalking, or related offenses.
A judge may issue a criminal protective order that requires the accused person to:
- Stay away from the alleged victim
- Stop direct and indirect communication
- Move out of the family residence
- Avoid contact through friends or relatives
- Avoid social-media contact
- Relinquish firearms and ammunition
- Comply with other restrictions ordered by the court
These orders can affect housing, children, employment, and family relationships before the allegations have been proven.
💊 Drug Charges
Drug cases may involve allegations concerning Methamphetamine, Cocaine, Marijuana, or other controlled substances.
Charges may include:
- Simple possession
- Possession for sale
- Transportation
- Manufacturing
- Maintaining a location for unlawful drug activity
- Being under the influence
- Possession of drug paraphernalia
Potential defenses may involve an unlawful detention, illegal search, defective warrant, lack of possession, lack of knowledge, or insufficient evidence of an intent to sell.
🛒 Theft and Property Crimes
The firm represents clients accused of:
- Petty theft
- Shoplifting
- Grand theft
- Receiving stolen property
- Burglary
- Robbery
- Embezzlement
- Identity theft
- Vehicle theft
- Other property offenses
California’s theft laws have changed significantly. A person’s prior record may affect whether a new theft allegation can be prosecuted as a misdemeanor or felony. The prosecution may also attempt to combine the value of property allegedly taken in separate transactions when determining the degree of theft.
A defense may involve identity, intent, consent, ownership, property value, aggregation, or whether the accused person knew that property was stolen.
⚖️ Felony Charges
A felony conviction may result in county jail, state prison, formal probation, fines, restitution, firearm restrictions, immigration consequences, and lasting effects on employment or professional licensing.
Felony representation may include:
- Arraignment
- Bail and detention litigation
- Preliminary hearing
- Motions to suppress evidence
- Challenges to the sufficiency of the prosecution’s evidence
- Negotiations with the District Attorney
- Trial preparation
- Jury trial
👮Violent-Crime Allegations
The firm represents people accused of assault, battery, criminal threats, robbery, weapons offenses, and other alleged offenses involving force or threatened force.
These cases may require careful examination of witness credibility, video recordings, injuries, physical evidence, self-defense, defense of others, and whether the prosecution can prove identity and intent.
📱Sex-Offense Allegations
A sex-offense investigation can create immediate personal and professional consequences. Some convictions carry mandatory registration requirements.
The defense may require a detailed review of:
- Electronic communications
- Social-media records
- Medical evidence
- Forensic examinations
- Witness histories
- Prior inconsistent statements
- Delayed reporting
- The circumstances in which the allegation arose
🔨 Probation Violations and Post-Conviction Matters
The firm may represent clients accused of violating misdemeanor or felony probation. Alleged violations may involve:
- A new arrest
- Missed appointments
- Failed testing
- Failure to complete a program
- Unpaid financial obligations
- Possession of prohibited items
- Violation of a protective order
The firm also evaluates eligible matters involving expungement, record sealing, early termination of probation, felony reduction, and other forms of post-conviction relief.
🏛 Pre-Complaint Intervention Before Charges Are Filed
An arrest does not necessarily mean that the Merced County District Attorney’s Office has already filed criminal charges.
Police agencies commonly submit reports and evidence to the District Attorney for review. During that review period, a defense attorney may have an opportunity to provide information before the prosecutor makes the filing decision.
The Bogan Law Firm calls this process Pre-Complaint Intervention, or PCI.
A PCI submission may be built around two principal pillars:
🏛Vindication
Vindication focuses on evidence showing innocence or exposing significant weaknesses in the proposed prosecution. Depending upon the case, this may include:
- Defense witness statements
- Alibi evidence
- Surveillance recordings
- Photographs
- Electronic communications
- Location information
- Scientific or forensic evidence
- Information contradicting the police report
- Evidence affecting a witness’s credibility
- Proof that another person was responsible
🏛 Mitigation
Mitigation explains the person and circumstances behind the police report. It may include:
- Employment history
- Family responsibilities
- Educational background
- Community involvement
- Treatment or counseling
- Restitution or corrective action
- Medical or mental-health information
- Evidence of an isolated event
- Information supporting diversion
- Reasons why prosecution may not serve the interests of justice
PCI is not appropriate in every investigation. Contacting the prosecutor too early may reveal the defense, identify witnesses previously unknown to investigators, or help law enforcement address weaknesses in its case.
Attorney Bogan first evaluates whether intervention is strategically appropriate.
A prosecutor may still file charges despite a PCI submission. No attorney can guarantee that charges will be rejected or reduced. Even when charges are filed, however, properly preserved evidence and mitigation may remain useful in negotiations, motions, hearings, diversion requests, or trial preparation.
Learn More About Pre-Complaint Intervention
Learn What Happens Before California Criminal Charges Are Filed
🚨 What Happens After an Arrest in Merced County?
🚨 Arrest, Citation, or Booking
Law enforcement may arrest a person, issue a citation with a future court date, or submit an investigation to the District Attorney without making an immediate arrest.
Agencies involved in Merced County cases may include:
- Merced Police Department
- Merced County Sheriff’s Office
- Los Banos Police Department
- Atwater Police Department
- Livingston Police Department
- Dos Palos Police Department
- California Highway Patrol
- Merced Area Gang and Narcotic Enforcement Team
- Other state or federal agencies
The investigating agency does not necessarily determine the courthouse where the case will ultimately be heard. Court assignments may depend upon the location of the alleged offense, the nature of the charge, the defendant’s custody status, and the court’s current calendar assignments.
🔍 Prosecutorial Review
After receiving the police reports and supporting evidence, the Merced County District Attorney’s Office may:
- File the charges requested by law enforcement
- File different or reduced charges
- Request additional investigation
- Decline to file charges
- Delay the decision while awaiting additional evidence
- Leave the matter under review
A person should not assume that the case has permanently ended merely because charges were not filed by the first anticipated court date. The prosecutor may still act before the applicable statute of limitations expires.
🏛️ Arraignment and Penal Code Section 825
California Penal Code section 825 generally requires a person who remains in custody to be taken before a magistrate without unnecessary delay and ordinarily within 48 hours after arrest, excluding Sundays and holidays. Additional timing provisions may apply when the deadline falls outside a court session.
A violation of section 825 does not ordinarily cause the criminal charges to be automatically dismissed. The available remedy depends upon the circumstances, the nature of the delay, any resulting prejudice, and whether the delay produced evidence or involved a related constitutional violation.
The practical objective is to obtain prompt access to the court, address release conditions, protect the accused person’s rights, and preserve appropriate objections—not to suggest that a delayed arraignment automatically ends the prosecution.
🏛️ Bail and Release Conditions
At or before arraignment, the court may consider whether the accused person should:
- Be released on their own recognizance
- Be released subject to conditions
- Post bail
- Remain detained pending further proceedings
The court may consider the alleged offense, criminal history, prior court appearances, public-safety concerns, community ties, and other information presented by the parties.
🏛️ Do I Have to Appear Personally in Court?
The answer depends upon the charge, the type of hearing, and the judge’s orders.
In some misdemeanor cases, Penal Code section 977 may permit an attorney to appear without the client. That possibility should never be assumed. The judge may require the defendant to attend, and felony cases generally have more extensive personal-appearance requirements.
🛡️ Domestic Violence Cases Require Special Attention
For a misdemeanor domestic violence charge or an alleged violation of Penal Code section 273.6, the defendant generally must be personally present at arraignment and sentencing and whenever ordered to appear for advisement concerning a Penal Code section 136.2 protective order.
The judge may address a criminal protective order at the first hearing. The order could:
- Prohibit contact with the alleged victim
- Require the defendant to leave the family home
- Impose stay-away conditions
- Prevent indirect communication
- Restrict firearm and ammunition possession
- Affect contact involving children or other family members
Because these orders can immediately affect a person’s home and family, someone charged with domestic violence should not assume that an attorney can simply appear without them.
🚘 DUI Appearances
An attorney may be permitted to appear for a client during certain misdemeanor DUI proceedings. However, the judge may order the defendant to attend arraignment, plea, sentencing, or another hearing.
The appearance requirements should be confirmed with counsel before every court date.
Never miss a scheduled court appearance based solely upon general information found online. Confirm whether your presence is required in your particular case.
🏛️ Merced County Criminal Court Locations
🏛 Charles James Ogletree Jr. Courthouse
Superior Court of California, County of Merced
2260 N Street
Merced, CA 95340
Telephone: (209) 725-4100
The Ogletree Jr. Courthouse—sometimes referred to as the N Street Building—currently houses Courtrooms 1 through 7 and handles criminal proceedings along with certain family, collections, jury, and self-help services.
The Old Merced Courthouse at 627 W. 21st Street primarily handles civil, probate, and administrative matters. A person appearing in a criminal case should carefully review the address on the court notice and avoid going to the wrong building.
🅿️ Parking and Security in Merced
The court provides directions to a court parking lot accessible from the Merced courthouse campus near 22nd and N Streets. Parking conditions and availability may change, so allow extra time.
Everyone entering the courthouse is subject to security screening. Bags and other containers may be inspected or x-rayed. Leave prohibited items at home or secured outside the courthouse.
Allow enough time to park, pass through security, locate the assigned courtroom, and meet with counsel.
Check Current Merced Courthouse Information
🏛 Robert M. Falasco Justice Center — Los Banos
Superior Court of California, County of Merced
1159 G Street
Los Banos, CA 93635
Telephone: (209) 725-4124
The Robert M. Falasco Justice Center currently houses Courtrooms 12 and 13 and handles criminal, civil, traffic, collections, and self-help services.
🅿️ Parking and Security in Los Banos
Parking is available in the courthouse lot. The court’s official drop box is also located in the parking lot.
Everyone entering the courthouse is subject to security screening. Visitors pass through a metal detector, and bags, briefcases, backpacks, and other containers may be x-rayed.
Allow extra time for parking and weapons screening.
Check Current Los Banos Courthouse Information
🏛 Merced County Juvenile Justice Court
Iris Garrett Juvenile Justice Correctional Complex
2840 W. Sandy Mush Road
Merced, CA 95341
Telephone: (209) 725-4119
Juvenile delinquency proceedings are generally handled separately from adult criminal cases. Juvenile records and proceedings are subject to confidentiality requirements.
Parking is available at the facility, and visitors are subject to security screening.
Check Current Juvenile Justice Court Information
📍 Communities Served Throughout Merced County
The Bogan Law Firm represents clients whose cases arise throughout Merced County, including:
- Merced
- Los Banos
- Atwater
- Livingston
- Dos Palos
- Gustine
- Winton
- Delhi
- Hilmar
- Planada
- Le Grand
- Santa Nella
- Surrounding Merced County communities
The firm primarily practices in Stanislaus, San Joaquin, Merced, and Tuolumne Counties.
Hiring an attorney who regularly practices in the county where the case is pending is generally beneficial. Local experience can provide familiarity with courthouse procedures, calendar practices, prosecutors, and available programs.
Some cases, however, require specialized experience that may justify hiring counsel from outside the immediate area. The Bogan Law Firm occasionally accepts cases in other California counties when the seriousness, complexity, or particular needs of the case make that representation appropriate. Those decisions are made individually.
👤 How Attorney Bogan Approaches a Criminal Case
🔍 Personally Reviews the Evidence
Attorney Bogan personally reviews the police reports, body-camera recordings, photographs, witness statements, test results, and other available discovery.
The objective is to understand both the prosecution’s theory and the evidence that may contradict it.
🧭 Directs the Defense Strategy
Every case requires an individual plan. The defense may involve factual investigation, legal motions, mitigation, expert analysis, negotiations, trial preparation, or a combination of these approaches.
Attorney Bogan directs the defense strategy and makes the critical strategic decisions for the defense team.
🤝 Personally Handles Material Negotiations
Attorney Bogan personally addresses material negotiations on the client’s behalf.
Those negotiations may concern dismissal, reduction of charges, diversion, sentencing alternatives, or another resolution appropriate to the individual case.
🛡 Prepares for Contested Proceedings
A negotiated resolution is not always available or acceptable. When necessary, the defense may involve:
- Bail hearing
- Suppression motion
- Preliminary hearing
- Evidentiary hearing
- Probation-violation hearing
- Court trial
- Jury trial
Attorney Bogan has handled more than 500 contested proceedings and remains available to conduct the trial if the client chooses to proceed to trial.
👥 Leads the Defense Team
A serious case may require more than one professional. The firm may bring experienced contract attorneys, paralegals, investigators, or expert witnesses onto the defense team.
No matter who joins the team, Attorney Bogan remains responsible for leading the defense, reviewing the discovery, directing the strategy, overseeing preparation, and making the critical strategic decisions.
Learn More About How We Handle Your Case
❓ Frequently Asked Questions
Sometimes. Early representation may allow counsel to preserve evidence, communicate appropriately with investigators, prevent an unnecessary interview, or consider a Pre-Complaint Intervention submission.
Early intervention must be handled carefully. Providing information prematurely could reveal the defense or help investigators address weaknesses in their evidence.
No. The District Attorney controls the filing decision. An attorney may present evidence and arguments, but no ethical lawyer can guarantee that a case will be rejected.
Many criminal cases are heard at the Ogletree Jr. Courthouse in Merced or the Robert M. Falasco Justice Center in Los Banos. The proper location depends upon the case and the court’s current assignments.
Always check the address on your notice and confirm the location with your attorney.
Merced has multiple court buildings located near one another. The Ogletree Jr. Courthouse at 2260 N Street handles criminal proceedings, while the Old Merced Courthouse at 627 W. 21st Street primarily handles civil, probate, and administrative matters.
Review the court notice carefully and allow time to correct a mistake if necessary.
The alleged victim may communicate their position to the prosecutor, but the alleged victim does not control the criminal prosecution. The District Attorney may continue the case even if the alleged victim requests dismissal.
The court must consider whether a criminal protective order should be issued. The particular order depends upon the case and the judge’s decision.
An order may prohibit contact, require a stay-away distance, remove the defendant from the family home, restrict indirect communication, and prohibit firearm possession.
Not ordinarily. Penal Code section 825 governs how quickly an in-custody defendant generally must be brought before a magistrate. A violation does not usually result in automatic dismissal.
The consequences depend upon the circumstances, resulting prejudice, and whether the delay involved another legal or constitutional violation.
Possibly, depending upon the charge and hearing. Domestic violence cases, protective-order violations, DUI cases, felony prosecutions, and cases in which the judge orders attendance may require the defendant to appear personally.
Never miss court unless your attorney has confirmed that your appearance is excused.
What Should I Bring to My Consultation?
If available, bring:
- Citation or release paperwork
- Bail documents
- Court notices
- Police reports
- Photographs or videos
- Relevant text messages or emails
- Witness names and contact information
- Employment, treatment, or mitigation records
- A list of upcoming court or DMV deadlines
Do not alter, destroy, or post potentially relevant evidence online.
📞 Speak With a Merced County Criminal Defense Attorney
A criminal accusation does not determine guilt. The prosecution must prove every required element of the charged offense, and the defense has the right to challenge the evidence, the investigation, and the government’s legal theories.
If you have been arrested, charged, cited, or contacted by law enforcement in Merced, Los Banos, or elsewhere in Merced County, contact The Bogan Law Firm to discuss your situation.
Call The Bogan Law Firm at (209) 565-3425.
Learn How Attorney Bogan Will Be Personally Involved in Your Defense
Visit the Central Valley Criminal Defense Hub
Learn About Pre-Complaint Intervention












