Criminal Defense Law
Outline of Criminal Defense Services
Our office has been involved in all manner of criminal defense proceedings over the past several decades, from simple traffic infractions to misdemeanor DUI violations to heavy duty felony proceedings, such as armed robbery, statutory rape and grand theft.
Three (3) Most Important Constitutional / Due Process Protections
- The Right Against Unreasonable Searches & Seizures (Fourth Amendment);
- The Right to Remain Silent - The Right Against Self Incrimination (Fifth Amendment);
- Your Right to Legal Counsel of Your Choice and Your Right to Confront Adverse Witnesses (Sixth Amendment);
There are also additional protections that every criminal defendant must be accorded in a state or federal criminal law proceeding. You may contact our office to discuss all of these Constitutional and Due Process protections.
Here is a summary of some of the services that a competent legal defense counsel should be prepared to offer their criminal clientele:
Traffic Infraction Charges
- Representation at DMV license suspension and revocation hearings (aka Admin Per Se proceedings)
- Aggressive defense of traffic citations for commercial and non-commercial drivers
- Avoidance of Negligent Operator "Points" against your California driving record
- Bench Warrant & Bail Issues
- Pleas and Withdrawal of Pleas
- Plea Bargain Agreements
Misdemeanor & Felony Charges
- Preliminary Hearings (Felony cases only) - If you are charged with a Felony, versus a Misdemeanor, a Motion to Set Aside the Information (pursuant to section 995 of the California Penal Code) may need to be filed, challenging the decision(s) made by the Preliminary Hearing Judge. A Motion to Suppress Evidence (pursuant to section 1538.5 of the California Penal Code) may also need to be filed at the Pre-Trial stage of the proceedings. Both of these Motions would be heard by a Trial Court Judge
- Discovery - obtaining all relevant police reports and evidence which the prosecution intends to use in your case; this would include all inculpatory evidence (evidence which may be unfavorable to you), as well as all exculpatory evidence (evidence which would point to your innocence)
- Service of subpoenas on all relevant witnesses
- Consulting and retaining any experts (such as a forensic toxicologist or forensic pathologist), as needed to advance your position
- Change of Venue Motions
- Search and Seizure Defense: Search Warrants; Warrantless Searches; Wiretaps and Eavesdropping; Arrest Warrants. These issues are always reviewed. They involve your rights to be free from unreasonable searches and seizures. If evidence is obtained in violation of your Fourth and Fourteenth Amendment rights and your reasonable expectation of privacy, then a Motion will be filed in your behalf to suppress the evidence (in order to prevent it from being used against you in court)
In the development of your case, legal counsel may deal with any Eyewitness Identification, Confessions and Admission of Evidence issues. Any and all Speedy Trial issues should be presented to preserve your Due Process rights.
Should you have a co-defendant, there may be Severance issues. Motions should also be presented dealing with any Prior Convictions. If relevant, Motions to Disqualify the Prosecutor, the Presiding Judge, and to attack the credibility of the Law Enforcement officers should be filed with the Court.
Counsel should be vigilant toward any misconduct by Law Enforcement, the Prosecutor, the Judge, or any other governmental entity. This conduct includes, but is not limited to, the following: Failure to Preserve Evidence; Bad Faith Prosecution; Interference w/ Ability to Present a Defense.
It is very important to also examine any failure by the Prosecution to disclose Exculpatory Evidence (information that may help to exonerate or support the innocence of a criminal defendant).
Once the above-mentioned preparatory issues have been successfully handled, all the ingredients involved in a Court or Jury trial should be addressed. These involve California procedural and court rules as they apply to Infractions, Misdemeanors and Felonies.
Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent criminal defense attorney to determine your best course of action. Our office has expertise in this area of the law, and we encourage you to reach out for a FREE consultation.
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