Criminal Defense Overview

San Diego Criminal Defense Attorney

When an individual is accused of committing an action which is illegal under state and/or federal law, he or she may face arrest and criminal charges. All cases of this nature are handled in various criminal courts, depending on the nature of the offense and whether it is classified as a state or federal crime. Under the U.S. Constitution, American citizens are granted the right to a fair trial by a jury of their peers, and they are granted the right to legal counsel. Criminal defense representation plays a key role in the U.S. criminal justice system, providing a balance against prosecutorial action by government agencies.

A criminal defense attorney's role in representing a client is essentially to use the legal system in the defendant's favor, protecting the defendant's constitutional rights every step of the way and acting as a representative for him or her in criminal court. A criminal defense attorney can also protect a client during police questioning and at any point in the investigation of a crime, again protecting the client's constitutional rights (such as against an unreasonable search and seizure).

Without criminal defense, defendants would stand little to no chance of a fair trial in criminal court. Without an advocate for their rights and someone to represent their side of the story, convictions would likely happen more often than not, and innocent people would be imprisoned or worse. To learn more about the practice areas in which we serve, click on any of the links below to read further:

Appeals
You can work with a San Diego appellate lawyer from our firm to combat the conviction you incurred during your criminal trial. If you feel that you were unjustly tried and convicted of the criminal charges that were made in your name, then you do not have to sit back and simply live with the consequences. Instead, you can take action to fight these through the process of an appeal. Read more about appeals.

Carjacking
California law defines carjacking as taking a motor vehicle that does not belong to you through use of force, threat, fear, or injury. These are treated as serious criminal offenses and charges that result in a conviction could mean jail time of up to nine years in state prison. Carjacking is often associated with violent crimes, and as such will be punished even more harshly for those who are formally found guilty. Read more about carjacking.

Drug Crimes
There are almost too many drug crimes to even list on a single page. That being said, it is not surprising to hear that many individuals throughout San Diego are arrested and charged with drug possession, drug manufacturing, drug trafficking, and more each year. Penalties for drug-related offenses will vary depending on the amount and type of the drug, as well as the number of previous convictions in your name. No matter what, you can assume that the penalties of any type of drug conviction will be harsh, particularly if you try to combat them without the defense of an attorney on your side. Read more about drug crimes.

DUI Defense
Although driving under the influence is a fairly common offense in Southern California, San Diego included, it is not one that is handled lightly by the law. In fact, some DUI offenses can result in jail time, community service hours, mandatory alcohol treatments, and even hefty fines. In order to avoid or reduce these consequences, it is imperative to act quickly and obtain sound legal defense to represent your case. Read more about DUI defense.

Expungements
The best way to clear your criminal record is by having it officially sealed through expungement. This is a legal process that will allow for the mark(s) on your criminal record to be permanently hidden from public view, thereby allowing you to seek employment, housing, etc. without the interference that a mark on your permanent record could cause. Read more about expungements.

Federal Crimes
if you have been accused of any type of federal crime, then it would not be unlikely for the FBI to investigate the allegations that have been made against you. Federal crimes are generally more serious in nature and will be tried more harshly as a result. Therefore, if you have been accused of a crime at the federal level then you will need a defense attorney who can match the level of skill that will be employed by prosecuting lawyers working to convict you. Read more about federal crimes.

Felonies
Based on the severity of your offense, you will either be sentenced to misdemeanor or felony criminal charges. If felony charges are placed upon you, then you can expect to be put through a harsher course of sentencing. Additionally, if convicted, the penalties you will face will be much more significant than those that could be incurred for a misdemeanor offense. This is especially true in California, where the Three Strikes Law comes into play. Read moreabout felonies.

Hit & Run
Whether or not you are responsible for the collision in which you are involved, if you fail to remain at the scene to make sure that all parties involved are safe you could be criminally charged for hit and run. The severity of this charge can range from a misdemeanor offense to a felony offense, depending on the extent of the injury. However, no matter what, you can safely assume that penalties incurred for this type of offense will be severely harsh and possibly life-altering, particularly if you attempt to face them undefended. Read more about hit & run.

Internet Crimes
As more and more discoveries are made about how to utilize the internet, more and more possibilities of criminal activity exist – or at least this is the fear among law makers and enforcers. As such, many people have been accused of committing illegal and criminal behaviors online. If this is the case with you, you could be facing federal criminal charges. Therefore, you need to take fast action and obtain sound legal defense that can represent your case in the court of law. Read more about internet crimes.

Juvenile Crimes
Within the state of California, the juvenile criminal system is run entirely differently from the adult criminal system. It tends to focus on rehabilitation rather than punishment; this, however, does not mean that there will not be consequences for these individuals. If you are a minor under the age of 18 and you have been accused of a crime in San Diego, then you need to make sure that your defense lawyer is familiar with the juvenile court system before you employ them for help. Read more about juvenile crimes.

Kidnapping
Charges that involve kidnapping allegations can be tried at either the state or federal level, depending on the circumstances of the situation. These are serious matters that could result in a lifetime prison sentence for those who are found guilty. However, with the right legal defense on your side, the chances of obtaining reduced or dropped charges will greatly increase. Read more about kidnapping.

Misdemeanors
It is a common misperception to assume that misdemeanor offenses will result in only minor penalties. In reality, the consequences incurred by a convicted misdemeanor offender are sometimes grand enough to have life-altering effects, including hefty fines, license suspension, community service hours, up to a year in jail, and even probation time. To avoid the harsher side of misdemeanor sentencing, you should act quickly in obtaining an attorney for your defense. Read more about misdemeanors.

Probation Violations
If you are accused of a probation violation then you are at risk of having your probation revoked and you could be sent to jail. Unfortunately, it is not difficult to violate the terms of your probation – failure to appear at a court date, failure to attend counseling, failure to meet with your probation officer, and more could all result in potential jail time for violation. Only if you can prove that your violations were justifiable do you stand a chance of escaping the charges that have been set against you. Read more about probation violations.

Resisting Arrest
You can be charged with resisting arrest even if your actions didn't directly involve resisting an officer's attempts to arrest you. Delaying or obstructing a peace officer in any way is also cause for this type of charge. There are three main components involved in these types of cases, and it will benefit you to have an attorney on your side that is aware of all three parts and how to address them within the court system. Read more about resisting arrest.

Search and Seizure Violations
It is not outside the realm of possibility for a law enforcement officer to unlawfully search a suspect. When this happens, it is a violation of the constitutional rights which are provided to all U.S. citizens. Therefore, if you have been unjustifiably searched then you have the right to hire an attorney and take action against the search and seizure actions that violated your legal rights. Read moreabout search and seizure violations.

Sex Crimes
Some of the most serious criminal penalties are given to those who are found guilty of a sex crime in California. Not only will convicts of this criminal charge face jail time, fines, and more, they will also be mandated to register as a national sex offender. This is a criminal conviction that will definitely impact the rest of your life, as registration is public and viewable by anyone who wishes to know about your sexual criminal status. As such, it is one that needs to be met with aggressive defense tactics as soon as possible. Read more about sex crimes.

Theft Charges
Theft crimes span across a broad spectrum of offenses, from misdemeanor shoplifting offenses to felony armed robbery offenses. For every case, when formal charges are pressed, there is great cause for concern, as a conviction of this nature could result in serious, life-altering consequences. The best way to prevent this from happening is by aligning yourself with defense that has proven successful in other cases such as yours. At Superior Law Center, you will find the experience in theft defense that you need. Read more about theft charges.

Three Strikes Cases
California law employs the Three Strikes rule, which means that repeat offenders are at greater risk of harsher penalties, including a lifetime in prison. With each additional offense, the penalties of a conviction will rise, and a third offense is considered reasonable cause for 25 years to life in prison. If you have been arrested for a crime in San Diego and it is not your first offense, then you must act immediately. The sooner legal counsel is involved in your case, the better your chances of reduced or dropped charges will be. Read more about Three Strikes cases.

Traffic Tickets
Speeding, running a red light, failing to stop at a stop sign – these are all seemingly minor offenses. However, when a traffic ticket is issued for an offense such as those listed above, paying off the traffic ticket issued to you will automatically be admitting your guilt. This is true whether or not you actually responsible for the actions which have been charged against you. If you wish to fight the traffic violations that have been made in your name, we can help you do so. Read more about traffic tickets.

Violent Crimes
Any crime that is associated with actions of violence will naturally incur a harsher set of consequences if the person accused is found guilty. California law does not look kindly on violent offenders. If you are facing allegations of any type of violent crime then it will be imperative to your future to seek aggressive legal defense that you trust to protect your future. Anything less could result in a conviction and harsh penalties. Read more about violent crimes.

Warrants
If a warrant has been made in your name it is not wise to attempt to dodge an impending arrest by avoiding the criminal legal status hanging over your head. Instead, taking thetime to hire a defense attorney that can help you address the situation head-on will allow you to rest more easily in your daily life. Furthermore, it will likely compel a judge to act more kindly when handling your case. Read more about warrants.

Weapons Charges
California state laws and federal laws both address the issues of possession, distribution, and use of firearms. Deadly weapons are handled very strictly under state and federal laws, and those accused of being in violation of these laws are in for serious consequences if they are found guilty. An attorney from our law firm can fight the charges against you, whether they are felony offenses or misdemeanor charges. Read more about weapons charges.

White Collar Crimes
Although white collar crimes are non-violent in nature, they are not considered any less criminal in the eyes of law enforcement officers and prosecutors. In fact, as federal offenses, white collar crimes sometimes yield a harsher set of penalties for convicts than other forms of criminal offenses. If you have been accused of a white collar crime such as fraud, counterfeiting, bribery, or anything else, then you must act quickly and hire sound legal counsel for your defense. Read more about white collar crimes.

Challenging Criminal Charges

There are many different strategies that a competent San Diego criminal lawyer may use in order to seek a dismissal or acquittal on a client's behalf. Even in seemingly hopeless cases, there are instances where a single violation of a defendant's rights or a mistake made by a police officer may impact the validity of the prosecution's evidence and therefore their ability to secure a conviction.

For example, what if the police conducted a search without a warrant or probable cause? What if they unlawfully arrested a defendant or failed to give a Miranda warning before conducting questioning? What if evidence was mishandled after it was collected? These are all instances where evidence may be considered inadmissible, a "confession" may be considered invalid or the validity of evidence may be brought into question. A competent attorney will know how to file a motion to suppress this evidence or otherwise work to assert a client's rights and seek a positive case result.

With our experience in this field and our commitment to our clients, we see opportunities where others may only see failure. Therefore, even if you feel that you have no chance of winning your case and are considering accepting a plea bargain or forgoing legal counsel altogether, do not give up. Talk to an attorney at our firm and find out what we can do to help you. You may be pleasantly surprised to find that there are ways we can secure a dismissal of your charges or win your case in court.

Criminal Defense Lawyer Serving the San Diego Area

Superior Law Center represents clients throughout San Diego County in the face of a wide variety of criminal matters. We are not afraid of going up against the toughest prosecutors in the face of the most serious of criminal offenses and will apply our extensive knowledge and resources to tirelessly protecting our clients' constitutional rights throughout the criminal process. Some of the types of cases we handle include, but are not limited to: juvenile crimes, federal crimes, three strike cases, DUI, theft, and all misdemeanor and felony offenses. We are ready to fight for you!

Get the criminal defense representation you deserve. Contact a San Diego criminal defense attorney at Superior Law Center today.