Criminal Law

If you have been arrested on a warrant, or given a citation to appear don't wait. Being self-represented at the onset could result in the loss of critical time to challenge the complaint. If you do not have an attorney at the first appearance you may be enticed into entering a guilty plea; big mistake.

Discovery in your case makes or breaks a case. Having a diligent attorney to review the discovery will provide an evaluation of your case for possible defenses, procedural objections, procedural motions, and information which is important to sound decision making in your case. The burden is with the District Attorney.

MOTIONS available in criminal cases includes demurrer to the complaint (a demurrer challenges the complaint for facial sufficiency which could result in the case being thrown out); speedy trial (it is usual that very little investigation is done by the time of arraignment, requiring a speedy trial reinforces the burden on the prosecutor or face a dismissal of the case); lineups and identification are also subject to motion practice; motion to return or suppress evidence and discovery motions are the most exhausted areas in criminal practice where illegal search and seizure cane be challenged(PC § 1538.5) or your right to exculpatory evidence is pursued (PC § 1054.1(e); Brady v Maryland (1963) 373 US 83.) These are just some of the motions available but we start assessing the case from day one of being retained.

IN FELONY CASES, a defendant is entitled to a preliminary hearing. These hearings can be waived as a tactical move. However, the preliminary hearing is a forum to ferret out all of the evidence available to the Prosecutor, sheds light on the Prosecution's case and witnesses. It also provides a venue for the Court to dismiss individual charges; though this is infrequent. After the preliminary hearing, a 995 motion is available to set aside the indictment of information. (PC § 1387). Felony case trials must be set no more than 60 calendar days after the filing of the information or finding of the indictment absent a time waiver or good cause. PC § 1382(a)(2). Time is your best friend - in some cases, maintaining the speedy trial right is wise while in others the more time goes by the less witnesses remember.

VIOLATION OF PROBATION

We provide post-conviction defense in violation of probation proceedings. Time again is of the essence. A proper investigation of the allegations and the defenses is important. You should not plead guilty to something you did not do, and that the prosecutor cannot prove based on the legal standard.

EXPERIENCE

Our cases experience includes burglary, petty theft, fugitive from justice, infliction of corporal injury, sexual battery, assault w/deadly weapon, marijuana cultivation, harvest, possession; unlawful possession for sale; chop shop operation; conspiracy to operate chop shop, and DUI.

HIRE US TO FIGHT FOR YOU