San Diego Criminal Defense Lawyer – Top Rated DUI/Criminal Law Firm Offering Affordable, Aggressive, Best Defense All Over SD Court At 619.493.1207
Our affordable local San Diego criminal defense lawyer is an aggressive and one of the best legal professionals experienced in representing all types of people in any type of state and federal criminal charges.
Going through legal issues is frightening and nerve wrecking. The truth is that most people do not want to be in the wrong side of the law. When you or someone you know have been arrested and charged with breaking the law in Southern California, it’s not time to give up- it’s time to hire an experienced, aggressive, and one of the best San Diego criminal defense attorney.
Making the best choice by hiring the right criminal lawyer in the area is very important for the outcome of your SD county case. Some of our lawyers are award winning. Our criminal attorney ultimate goal is to provide you the best representation to get all charges dismissed or reduced significantly.
Our San Diego Criminal Defense Attorney Practice Areas
The United States Constitution provides that all Americans, including all classes and races and types of people, are all presumed innocent until they he or she is proven guilty BEYOND ALL REASONABLE DOUBT. This is why our goal is to provide excellent legal representation for all of the legal needs of the people of SD County at an affordable price to help prove our clients innocence or get a fair treatment under the law.
Our San Diego criminal attorneys represent those accused of any type of felony or misdemeanor charges, We can handle all criminal practice areas. So if you are looking for any of the below type of criminal defense lawyer contact us or click to learn more about that type of law and how we can help you. Whether you are looking for a
or any other criminal related case in San Diego county we can help you.
How To Select The Best Local San Diego Criminal Lawyer To Get Maximum Results On Your CA Felony & Misdemeanor Cases
When charged with a crime there is a lot of things at stake. The worst mistake you will make is to hire the wrong San Diego criminal defense lawyers or go with a public defend. Here are few things to lookout for when choosing your next criminal attorney:
1. Have they been practicing law for number of years
2. Have they won serious cases
3. Are they exclusive or main practice criminal defense law
4. Do they have testimonials and positive reviews from past clients
5. Do they have the resources like investigator and other support staff that can help in winning your case
6. Are they a member of both the state and local bar
7. Are they respected by their peers, judge, and and feared by the prosecutor
8. Have they been disciplined by the state or local bar
9. Do they pick up their phone when you need them
Please do your due diligence before hiring any lawyer. Ask them good questions to make sure that they will fight hard to get you results. Even though, no attorney can guarantee results, hiring the best of the best will increases your chances of getting your charges dropped or reduced significantly.
Why You Should Choose The Best Criminal Defense Attorney For All Your State and Federal Charges
We pride ourselves on client care. We strive to treat each client like a member of our family, with core values of respect and communication. Each client’s case is important to us. No case is too large or small. Our San Diego criminal defense lawyers bring over two decades of experience to all types of criminal defense cases.
Our criminal defense attorney in San Diego goal is to ensure that each and every one of our clients is afforded the right to a defense and the right to a fair trial. We fight hard to uphold the Constitution and to force the Prosecution to meet their burden of proof.
In doing so, we will do whatever is necessary to fight for your freedom, to fight for your innocence, and if necessary, to create a reasonable doubt as to your guilt.
In addition to our core values, we fight aggressively for your rights in every case. We also offer:
- When you call or meet us you are going to be speaking with an experienced legal team
- 24/7 Availability
- We have gotten many of our clients positives results and helped get their cases dismissed
- Over a decade of combined proven legal experience
- Will fight your case all over San Diego County and Southern California Court
- Free Case Evaluation
- Payment Plans
- Evening & Weekend Appointments
California Criminal Misdemeanor & Felony Process
Below is a brief summary of the process in both misdemeanor and felony cases in California. However, when you meet or talk any San Diego criminal defense lawyer that you are considering to hire, he or she can go more into details on how each process pertains to your specific case.
A. MISDEMEANOR CASES:
First, an arrest is made. Often times in a misdemeanor case, the Defendant is not taken to jail, but rather given a citation and makes a promise to appear at an Arraignment within the next 30 days or so. If the police take you to jail, three things can happen
- released with no charges filed;
- posts bail/bond or is released on his or her own recognizance (“O.R.”) and is scheduled for an arraignment; or
- remains in the custody and is transported to court for arraignment.
- The Defendant’s first appearance in court is the Arraignment.
The following events occur at an Arraignment:
- informed of the charges against him or her;
- advised of his or her constitutional rights;
- cannot afford an attorney of his or her own choice, an attorney is appointed by the court;
- enters a plea of guilty, not guilty or no contest.
- is released on his or her “Own Recognizance,” or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.
Also at the arraignment, your San Diego criminal defense lawyer may move for a Demurrer, or dismissal of the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Mis joinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.
After the Arraignment, your lawyer begins an independent investigation into the alleged offense. This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the charged, and sending any necessary evidence to scientific and/or psychological experts.
THE PRE-TRIAL HEARING OR READINESS CONFERENCE
At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.
PRE-TRIAL MOTIONS AND MOTIONS IN LIMINE
Prior to trial, your legal representative may file any relevant pre-trial motions that will effect the outcome of the case. Examples of common pre-trial motions include, but are not limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police, and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a Rape Case, among many other possible motions.
Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if one is guilty or not guilty. If the jury finds someone not to be guilty, he or she is released and cannot be tried again for the same crime.
If one is found guilty, the case will be continued for sentencing, or he or she may be sentenced immediately. One may appeal a conviction to the Appellate Department of the Superior Court.
In lieu of a jury trial, the parties may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the accused guilty or not guilty.
B. FELONY CASES:
Felony crimes are punishable by a sentence to state prison term of more than one year or death. Some examples of felonies are murder, possession of dangerous drugs for sale, robbery and rape.
It is possible, in a felony case, that the charges were brought against the accused after a Grand Jury investigation which led to a Grand Jury Indictment. If this is the case, a warrant will likely be put out for your arrest, and then the you will be arraigned after arrest. However, in most cases, the accused is arrested and then arraigned on the complaint.
A felony arraignment on the complaint is the defendant’s first court appearance.
The court sets bail and the defendant is remanded to custody, or the defendant is released on his or her “Own Recognizance”
THE PRELIMINARY HEARING
If the case was filed by complaint, then once you are “held to answer,” the prosecuting agency files a document called the Information. You will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.
The rest of the process is just like a misdemeanor.
Federal Criminal Charges
Federal charges are very serious crimes. In Federal charges the government have the resources to prosecute you. And this is why you need the right criminal defense attorneys in San Diego with the resources to fight your case
Federal crimes are crimes that is committed across state line or involve federal agencies like banks, post office, federal agents etc. Internet crimes like illegal download of songs or movies is also considered federal crimes.
Here are a list of some federal crimes:
- Securities Fraud
- Social Security Fraud
- Health Care Fraud
- Immigration Fraud
- Internet Fraud
- Wire Fraud
- Accounting Fraud
- Tax Crimes
- Computer Crimes
- Corporate Crimes
- Drug Crimes
- Bank Fraud
We Also Recognized as San Diego DUI Lawyers
Our San Diego criminal defense attorneys focus is also on representing those accused of driving under the influence in the State of California. We offer experienced and aggressive representation for anyone accused of driving under the influence of alcohol or drugs.
If you or someone you know has been charged with a DUI, the consequences can be severe. Penalties can include potential jail time, probation, fines, DUI classes, and license suspension.
In fact, if you do not request a hearing with the DMV within 10 days of your arrest, then your California Driver’s License will be automatically suspended, even if you are later found not guilty in the criminal case.
Call or text today to be connected with a San Diego DUI lawyer for a free consultation at 619-493-1207.
DUI laws in California can be found under the California Vehicle Code. The charge in each individual case and the potential punishment can vary, depending on a number of factors including but not limited to: prior convictions, the driver’s blood-alcohol content, whether anyone was injured or killed, and if there were children in the vehicle.
Blood Alcohol Level
California Law states that the following acts are illegal: Any driver may not drive with a blood-alcohol concentration (BAC) of .08 or higher Any driver may not drive while under the influence of alcohol or any drugs, so that their ability to operate a vehicle safely is impaired. Drivers under 21 may not drive with a blood alcohol concentration level (BAC) of .01 or higher.
The drive of any vehicle requiring a commercial driver license may not drive with with a BAC of .04 percent or higher A driver under 18, may not drive with ANY measurable blood alcohol concentration. Repeat offenders may not drive with a BAC of .01 or
Misdemeanor Of DUI
California Vehicle Code section 23152 is the non-injury drunk driving statute. For a first time offense with no injury, this is a misdemeanor. Subdivision (a) of section 23152 makes it illegal to drive a vehicle while under the influence of alcohol and/or drugs. Subdivision (b) of section 23152, the “per se” statute, makes it illegal to drive a vehicle with a blood or breath alcohol concentration (BAC) of 0.08% or more.
The difference between subdivisions (a) and (b) of section 23152 is that evidence of alcohol or drug impairment is necessary for a conviction of violating subdivision (a), whereas under subdivision (b), only a minimum level blood or breath alcohol concentration need be proven. In cases where there is no chemical test result, only (a) is charged because alcohol level is difficult to determine on the basis of impairment evidence alone.
Since some people are under the influence at alcohol levels as low as 0.05%, chemical test evidence indicating a blood or breath alcohol level of 0.08% or more would probably be necessary for there to be legally sufficient evidence of violation of subdivision (b). In most cases with chemical test results, both (a) and (b) will be charged, but judgment of conviction can only be entered on one of them.
In addition to misdemeanor DUI, an individual may be charged with a felony offense if he or she has multiple DUI prior convictions, or if someone is injured or killed during the commission of the alleged DUI offense.
Criminal DUI Penalties
On a first DUI conviction in San Diego you will likely receive no jail time, just probation. However, you could be sentenced to a range of 96 hours of custody and no more than 6 months. The court fine will range from $390 to $1,000, plus penalties will increase the total payment to approximately $2,500.
Your drivers license will be suspended for four months by the DMV, however, you may be able to receive a restricted license after 30 days. Additionally, you will be required to complete a DUI class that will be either 3 or 9 months and complete a course with Mother Against Drunk Drivers.
For a second DUI conviction, you will likely receive jail time of no less than 96 hours and no more than 1 year. Additionally, the fines, penalties, and classes will also be ordered.
For a third DUI conviction, you will likely get jail for no less than 120 days and no more than 1 year. You may be considered by the state a “habitual traffic offender” for 3 years following your conviction and have your license suspended for 2 years.
These are standard penalties for misdemeanor DUI in SD county. However, in any case the penalty may vary. Some judges may also require community service, public work service, an inter-lock ignition device, and other possible consequences. Of course, if someone is injured or killed during the commission of the DUI, then prison time is a possibility in any felony case.
The job of any San Diego criminal defense lawyer is to simply make sure that your get the minimum sentence or better yet get your case dismissed.
The Initial Stop by Police For DUI Suspicion
The beginning of a DUI defense always begins with the initial contact by law enforcement. The 4th Amendment to our United States Constitution provides that we are all free from unreasonable searches and seizures by law enforcement.
Therefore, the first aspect of your case that we are looking at is “why did the officer stop you?” If the officer unlawfully stopped you, then all evidence obtained as a result of the unlawful stop should be suppressed and your case should be dismissed.
Secondly, even if the officer had reason to stop you, that doesn’t necessarily give rise to probable cause to arrest you for DUI. In other words, if the officer properly stopped you for speeding, there must be some other evidence, rising to probable cause to believe that you were under the influence of alcohol or drugs at the time of the arrest.
How the initial stop and contact with police is always the beginning of a potential DUI defense that an experienced San Diego criminal defense lawyer can use to build your case to your favor.
The Science Of Criminal DUI/DWI Defense in San Diego County
In a DUI case, the prosecution has the burden of proving beyond a reasonable doubt that the Defendant was driving “under the influence. Determining the BAC makes DUI’s scientific in nature.
Your San Diego DUI attorney must understand the principles of alcohol in the human body and the methods to determine the BAC. For these reasons, it is very important to hire an experienced San Diego criminal defense lawyer that understands the science of these complex cases
In each case, the defenses may vary, however, below are some general defenses related to the BAC:
Blood Test Cases
The accuracy of a blood test machine is one the defense a San Diego criminal defense lawyer can use when looking to get your case dropped or reduced. Rising BAC Defense [the defendant’s body was in the absorption phase with the alcohol at the time of driving. Therefore the test results for the time of driving are much lower since the police did not test defendant until after driving]
The Blood Test was inaccurate (i.e., upon retesting, it was not the Defendant’s blood type).
The police/crime lab used an improper amount of preservative, rendering the BAC too high.
The police/crime lab improperly stored the sample causing the blood to ferment and produce alcohol, causing the test
results to be high.
Many other potential blood test defenses provided by our scientists who re-test the blood sample in every case.
Rising BAC Defense [the defendant’s body was in the absorption phase with the alcohol at the time of driving. Therefore the test results for the time of driving are much lower since the police did not test defendant until after driving].
The breath test machine was not properly calibrated.
The breath test machine is inherently inaccurate.
Many other potential breath test defenses provided by our scientists who own the same machine the police use to test a defendant’s BAC.
You Need Legal Pros Who Get Serious Results Criminal Courtrooms
Our criminal lawyers have helped thousands of clients stay out of jail. We get serious results for our clients. Below are just a few of our proven results:
1. Client arrested for 2nd DUI, no recollection of driving or arrest.
Results: DUI charges dismissed, client entered plea to being drunk in public
2. Client arrested during traffic stop for outstanding felony warrant
Results: Warrant recalled, credit for time served
3. Client arrested for attempted murder (PC 187/664). Victim transported by helicopter following multiple stab wounds. Client on the run, in hiding, for 2 days before arrest.
Results: Client pleaded guilty to misdemeanor accessory charge, credit for time served, $100 fine.
Visit our result page for more criminal defense results.
Contact The Local San Diego Criminal Defense Help Pros Offer Free Consultation At 619-493-1207
The California criminal law process is a very complicated process and requires aggressive representation. So if you or a loved is charged with committing any times of crime call or text now at 619-493-1207 for help from aggressive San Diego criminal defense lawyer. Do not wait, your freedom and life is at stake. We offer 24/7 free consultation. Our San Diego criminal attorneys are personable and passionate about getting their clients result.