Criminal

What is Criminal Defense?

Criminal defense is the legal process of representing and defending an individual or organization facing criminal charges, ranging from minor misdemeanors to serious felonies. A defense attorney's role is to protect the accused’s rights, review the evidence for admissibility and its veracity, navigate the legal system, negotiate with the Court and the prosecutor on behalf of your client, inform your client as to the elements of the crime they are accused of, discuss possible defenses, and discuss possible consequences of a conviction, and build a defense strategy to minimize punishment and/or penalties.  A criminal defense attorney plays a vital role in ensuring that our client is being treated fairly and the system is focused on Justice.

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What Does a Criminal Defense Lawyer Do?

A criminal defense lawyer represents individuals or organizations charged with criminal offense(s), investigating the case, gathering evidence, and providing legal support and advocacy to protect their client’s legal rights. Many criminal defense lawyers specialize in a particular area of crime, such as drug charges, DUI, violent crimes, or white-collar offenses.  This focus on a particular area of the law will allow them to be more familiar with the challenges that prosecutors will have with obtaining admissible evidence and what arguments to make in order to present your client in the best possible of light given the allegations.   The attorney’s ultimate goal is to achieve the best possible outcome for their clients, whether through trial, negotiation, or dismissal of charges.

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When Should You Hire a Criminal Defense Attorney?

Hiring a criminal defense attorney should happen as soon as you believe you are being investigated for a possible crime, or you have just been arrested or accused of crime.  Hire an experienced criminal defense attorney immediately.  Hire them before you make any statements to the police.  Your attorney is there to protect you and preserve your rights.  Having an attorney assisting you early in the case, may even prevent charges from even being filed against you.  Early legal representation can have a significant impact on the outcome of your case. An attorney can guide you through the complexities of the criminal justice system and help protect your rights, especially in serious cases involving jail time or fines. An experienced attorney helps you understand your charges and builds a strong defense strategy.  If you hire an attorney early, your attorney may be able to preserve some evidence that may be destroyed by the time the case is filed.

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How to Find the Right Criminal Defense Attorney

California has nearly 200,000 licensed attorneys, and any of them can represent you in court on a criminal case, the problem is that if your attorney is not familiar with that particular courthouse, the judge, or even this area of the law, it may negatively affect how your case will proceed, and may result in a significantly worse outcome than if you had hired an experienced criminal defense attorney.  When searching for a criminal defense attorney, look for those who handle and specialize in cases similar to yours. Got arrested for a DUI? Look for a DUI attorney! Look for an attorney with a strong track record of success (reviews, credentials, testimonials, etc.) and seniority, as success rates can vary and often correlate with years of experience, specifically in understanding the legal system and the law. Many lawyers offer free consultations, allowing you to evaluate their approach and experience. A good lawyer will be responsive, transparent about fees, and explain the legal process clearly.  

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You are legally allowed to represent yourself if you are charged with a criminal offense.  Abraham Lincoln famously said, “A lawyer who represents himself in court, has a fool for a client.”  That is so true.  If you are representing yourself, you are expected to know the elements of the crimes you are charged with, possible defenses; the legal procedures that must be followed in the court, and you must be able to dispassionately discuss your case with the prosecutor and/or the judge.  It is often difficult to separate your feelings about the case and how you were treated from the issues that the prosecutor must prove beyond a reasonable doubt.