Criminal Defense Attorney – DUI Defense Lawyer

CRIMINAL DEFENSE
An effective criminal defense attorney must

know the law, including criminal law, criminal procedure, evidence law, and constitutional law;
know the facts of the case, better than anyone;
be a skilled negotiator;
be able to explain things well;
understand psychology and politics; and
work extremely hard.

If a criminal lawyer falls short in any of these areas, the client will not receive the most favorable result possible.

Every case is unique, but a criminal defense strategy will generally explore four issues:

Sufficiency of the evidence to establish guilt. Unless the evidence proves guilt beyond a reasonable doubt, a jury must find a defendant not guilty. Defending the “guilt” issue requires a thorough understanding of several sub-issues such as the “elements” the prosecution must prove to get a conviction; how to obtain, offer, and exclude evidence; how to present a case to a jury; and jury instructions (jury instruction errors are the leading cause of reversal).

“Affirmative” defenses. An affirmative defense asserts facts that, if true, defeat the prosecution’s allegations. Examples include alibi, unconsciousness, duress, necessity, entrapment, any defense that justifies, excuses, or mitigates a homicide, defense of another, self-defense, mistake of fact, lawful arrest, and insanity.

Procedural or constitutional issues. The most important constitutional protections are the Fourth Amendment guarantee against unreasonable searches, seizures, and arrests; the Fifth Amendment privilege against self-incrimination; and the Sixth Amendment rights to counsel, a speedy and fair trial by a jury, and confront accusers.

Sentencing. Sentencing issues include diversion, deferred entry of judgment, Proposition 36, California’s “Three Strikes” law, aggravating and mitigating factors, enhancements, restitution, probation, and parole.

Crimes listed by category:

Sex Crimes

Assault & Battery

Theft Crimes

Property Crimes

Drug Crimes