Inland Empire Criminal Defense FREE CONSULTATION (800) 397-7708

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Inland Empire Criminal Defense FREE CONSULTATION (800) 397-7708

Our Firm practices extensively in San Bernardino County Courthouses, and we are familiar with the JUDGES, PROSECUTORS, AND POLICIES.

Any person facing the possibility of going to jail or prison should always hire an attorney, whether the case is a first offense DUI, domestic violence, drugs, theft, assault, or as serious as a sex crime or even murder.

The truth is, no matter what the person's intelligence or educational background, the criminal justice system makes it virtually impossible to do a competent job of self representation. Each criminal case is unique, and only an attorney who is experienced in assessing the particulars of a case--and in dealing with the many variables present in every criminal case--can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

An experienced and talented defense lawyer can:

·         Negotiate "deals" with prosecutors, often arranging for reduced charges and lesser sentencing (by contrast, prosecutors may be uncooperative with self-represented defendants, or inexperienced attorneys)

·         Formulate sentencing programs tailored to a client's specific needs, often helping defendants avoid jail

·         Help clients cope with the feelings of fear, embarrassment and reduced self-esteem that criminal charges tend to produce in many people

·         Provide clients with a reality check -- a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor's offered "plea bargain"

·         Are familiar with important legal rules that people representing themselves or non-criminal attorneys would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state constitutions (for example, understanding what may constitute an "unreasonable search and seizure" often requires familiarity with a vast array of state and federal appellate court opinions)

·         Are familiar with local court customs and procedures that aren't written down anywhere (for example, a defense lawyer may know which prosecutor has the "real" authority to settle a case, and what kinds of arguments are likely to appeal to that prosecutor)

·         Understand the possible "hidden costs" of pleading guilty

·         Gather information from prosecution witnesses, who often fear people accused of crimes and therefore refuse to speak to people representing themselves, and

·         Hire and manage investigators, psychologists and other "defense team" members

ATTORNEY'S ROLE

You may hire a lawyer at any time, regardless of how far along your case may have progressed.  It is often a good idea to retain an attorney at the earliest possible moment, even before charges are filed if you have advance notice that you might be charged.  Sometimes an attorney is able to convince the prosecutor not to file charges. You should contact an attorney when you first learn that there may be an investigation. If you cannot afford to hire an attorney, you may request that the court appoint you with a public defender.  If the court agrees to the appointment, you have no say in which public defender is selected for you, and are likely stuck with whoever is appointed. It also should be kept in mind that public defender's offices typically are overworked and understaffed and therefore have a limited amount of time and resources that can be expended on any particular case.   If you are appointed a public defender, the court may require you to reimburse the County for some or all of the costs of the public defender if it is found that you are in a financial position to make such payments.  

 

We provide Criminal Defense for:

Drunk Driving Defense & DMV matters:  Suspension, Warrants, and Tickets

Domestic Violence / Spousal Abuse

All Drug offenses including under the influence, possession, and manufacturing

Shoplifting / Hit & Run / All Felonies

 

THE DECISION TO FILE CHARGES

It is a common mistake to believe private citizens (victims) have the power to "press" or "drop" charges.  Only the prosecuting attorney's office has the authority to bring criminal charges. The police do not file charges. In fact, the charges on which a person is booked by the police are often changed at a later date by the prosecutor. Although a "victim" can not drop charges, they can (and often do) influence the prosecutors decisions.  Direct contact with a person thought of as a victim (by the prosecutor) is not recommended, and is often not advised.  If you have any question about this, you should speak with an attorney.

PLEA BARGAINS

Often times Plea Bargains are good, but of course some are not.   You NEVER have to accept an offered plea bargain.  Even after entering a plea, you can sometimes make a motion to withdraw the plea and go forward with the defense of your case. Plea bargaining is a process whereby the defense attorney negotiates with the district attorney to obtain the best possible plea for his client. Occasionally, the judge may be involved in the plea negotiation by speaking to the attorneys in an "in chambers" conference. This process may include charging the defendant with a lesser charge, or agreeing to a lesser punishment for the same charge. Sometimes, the prosecution will drop counts. For example, if a defendant is charged with felony assault and carrying a concealed weapon, a plea bargain may result in the prosecution agreeing to drop the concealed weapon charge and lower the felony assault to a misdemeanor assault in exchange for a guilty plea. You should be wary of attorneys that promise to "take every case to trial," because in some cases going to trial is not the best option for the client.  Usually, if an individual accused of a crime goes to trial and loses, the penalties are much higher than had that person had earlier accepted a plea bargain. Some lawyers, however, urge their clients to go to trial even though it is not in that client's best interests because they can then charge the client a lot more money.  When they go to trial and lose, they then either blame the system for being unfair, or blame the client for not convincing the judge or jury that they were innocent.   It is the client who pays the ultimate price for this, usually by receiving a much longer jail term than had the attorney negotiated a plea bargain.  Few things are as heartbreaking to see as a person who should have pleaded guilty and received a light sentence or probation, instead going to trial   and then ending up being sentenced to long years in state prison. We have extensive experience in these negotiations.

THE TRIAL & SENTENCING

If the case is not earlier resolved by either a plea bargain or by the prosecuting attorney dismissing the charges, a trial will take place.  In California, an accused individual has a right to a jury trial for both misdemeanor and felony charges. At this stage of the proceedings, it becomes vitally important that the accused be represented by a competent attorney experienced in handling criminal trials. If an accused pleads guilty as part of a plea bargain, or is found guilty after trial, the court will then impose a sentence.  For felonies and certain misdemeanors a report is usually prepare by the probation department that makes a recommendation to the judge as to what is felt to be an appropriate sentence.  Although this report is not binding on the judge, it often is accorded great weight in the judges sentencing decision.