Jared Michael Pursell

It will often take time for any consequences to attach. We must first do thorough discovery of the potential evidence in the case before even discussing consequences; our goal is to avoid consequences, but reality may force strategic goals to prevent greater harm.

Discovery is an on-going obligation between the Prosecution and the Defense. Some items of potential evidence are often with individual law enforcement agencies and are not always readily available to the District Attorney. Once items do become available to the District Attorney they then have to have the means of securely transferring those materials to my office. This can be cumbersome and does take time.

All crimes in California have a maximum penalty; some have a minimum penalty. The maximum punishment varies significantly by statute, prior convictions and specific conduct allegations. Speaking candidly with your attorney can help assist in making the appropriate strategic decisions to avoid any maximum penalties from attaching.

Criminal Law in the United States operates on adversarial principles. This means that the defense and the prosecution have different goals. As a defense attorney I am bound to perform in ways that only serve your interests. Ultimately, the outcome of a case is determined by a finder-of-fact which can be one of two things: 1. A Judge or 2. A Jury of Your Peers. In proceedings that the defense and prosecution negotiate a settlement, the defendant is foregoing their right to present their case to the finder-of-fact and instead accept responsibility to ensure an outcome. Negotiating a case allows for a defendant to have certainty in the outcome of their case without facing the possibility of the maximum penalty being imposed. If a defendant presents their case to the finder-of-fact, it will ultimately be up to the Court to determine the punishment, allowing the Court to potentially impose the maximum penalty.

Statements in police reports are exactly that, statements. They are what we anticipate evidence to be if the witness were to testify. This includes law enforcement. It cannot be shown that an individual is lying without them testifying contrary to their prior statements. Prior statements are generally not evidence until a witness takes the stand during an Evidentiary Hearing or Trial.