Criminal Defense Explained
By San Diego Criminal Defense Attorneys
Advocates for the Accused
Going through the system as a criminal defendant can be excruciatingly stressful. Especially when criminal cases can be legally complex and fall on intricate details. A skilled defense attorney can turn the tides and get you the leverage you need to fix the situation. Our attorneys are skilled orators and make appearances in court on every day of the week. We can persuasively argue your case to a judge or jury and make all the right moves in court.
We always perform an initial consultation before we agree to represent someone in a criminal case. This involves the client giving a detailed explanation of the facts and basically telling us their side of the story. This consultation is 100% confidential and is necessary for us to develop the defense.
Every criminal case involves some amount of Discovery. This is evidence that the prosecution intends to use at trial against the client. This must be reviewed by a skilled criminal attorney to find the strengths and weaknesses of the case. We commonly review the discovery as soon as possible and use it to come up with a strategy on the case.
Often times, a case may involve laws that are unsettled or new. We perform legal research and find all the laws that can potentially help our clients win their cases. We use 100% electronic research materials through Westlaw.com and various other interent legal databases. We use powerful research database that contain all California statutes, codes, regulations, and case law. If there is authority that can help a client’s case, we will find it.
Most criminal cases require some amount of investigation. Our attorneys have directed several lengthy investigations on several different types of case from DUI to Assault with a Deadly Weapon to Murder. We can help our clients find an experienced and licensed investigator to assist in gathering facts and evidence about his or her case. In qualified cases, we can secure funds from the county to pay for the investigator.
Presenting mitigation to the prosecution and court is sometimes a great way to settle the case without a trial. If the judge and prosecution thinks that client deserves leniency, that will sometimes result in an advantageous resolution to the case. We help our clients gather mitigating evidence including school grades, job records, awards, and character letters. We have successfully presented mitigating evidence to judges and prosecutors and achieved extremely favorable results for our clients.
Criminal cases often require the filing of written motions containing correct statements of the law with authority to back them up. For example, we may file a Penal Code 1538.5 motion if we believe the police’s conduct was unlawful or Unconstitutional. This requires a written draft citing the correct authority and drafting it in the correct format for the court. We fully prepare the paperwork and argue the issue in court for our clients. Good and timely motions has resulted in several great results for our clients.
Preparing the Defense
There may come a time in a criminal case where a trial is necessary. We get ready for our client’s cases for trial by developing a case theme and theory, preparing the defense evidence in a binder and/or slideshow, drafting motions in limine, subpoenaing witnesses, preparing questions for the witnesses, and preparing opening and closing statements.
Once a case is at the trial stage, we represent our clients by taking their case to trial and arguing the case to a judge or jury. This includes voir dire of the jury pool, jury selection, conducting opening statement, witness examinations, motions to admit evidence, objections to opposing counsel’s evidence, and closing arguments. We have a superb trial record in all types of criminal cases from simple traffic infractions to First Degree Murder. We are not afraid to fully contest the charges and put the prosecution to its burden of proving them beyond a reasonable doubt.