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Criminal Defense Cases

I believe that as an attorney, I provide a personal service to my clients. I also believe that my duty as a Criminal Defense lawyer is to make certain that my clients receive the best defense possible under the circumstances. This includes the following:

• They are entitled to have all of their rights asserted.
• They are entitled to have all of the evidence challenged, by whatever meritorious motion or method is available under the law.
• They are entitled to know what is being said about them.

To achieve this goal, I do the following:

• I provide all of my clients with copies of all of the reports about all of the evidence against them so that we can intelligently discuss the case and prepare a defense.
• Although often a case may be "plea bargained" in the best interests of the client, I am willing to go to trial and fight any case on behalf of my clients.
• If my client is in custody, I visit with that client on a regular basis. One of the worst things that can happen to a client is to sit in jail and wonder what the attorney is doing, only to find out at Court, and have some matter brought to the client's attention without time to think about it.

The criminal justice systems in California and the Federal Courts are sophisticated and often harsh. A Defendant who is not prepared for the events that take place throughout the course of the proceedings will invariably feel as though he/she has been treated unfairly. For example, in California, since the passage of "Proposition 115" (the so-called "Victim's Bill of Rights") a Preliminary Hearing, which follows "Arraignment," or the entry of a plea of not guilty, is often conducted by the prosecution calling a police officer to testify who has at least five years of experience in law enforcement. This officer can then testify to what all of the witnesses saw, said, felt, smelled, and so forth. The actual witnesses are usually not called, thereby preventing the defense from having an opportunity to cross-examine the witnesses prior to trial. This procedure limits the opportunities to make a determination whether a witness is being untruthful, or has a poor memory, or a bias, or even whether the testimony and reports match what the witness told the officer(s). In most cases, at the conclusion of the Preliminary Hearing the Defendant is "held to answer", which means that the Judge makes a determination that "there is a reasonable suspicion that a public offense (a felony) has been committed, and that the Defendant may have committed it". It is not a finding of guilt, but simply that the Judge has entertained a "reasonable suspicion" of the guilt of the accused. Once that decision is made, the case is certified to the Superior Court, and the process begins anew. The Defendant is arraigned once again, and dates for motions, pre-trial conference and Trial are set. Without a waiver of time for a speedy trial, the case is set for trial within 60 days from that arraignment.

There are numerous motions that can be filed on behalf of a Defendant, which include a Motion to Dismiss, a Motion to Suppress Evidence, and a Motion for Discovery. Depending upon the nature of the crime(s) alleged, and the evidence introduced at the Preliminary Hearing, the case takes on an entirely new atmosphere in Superior Court. To say the least, things get very serious at this point--not that they were not already.

Most clients charged with a serious felony are in custody throughout the course of the proceedings against them. The bail schedules are so high today, that most people cannot afford to post bail. For example, in San Bernardino County when a person is charged with "manufacturing methamphetamine" (a very common charge in this County), the bail is set at $500,000. Probably most lawyers would not be able to post that amount of bail. Regardless, this is a common bail amount for that kind of crime. Persons charged with spousal abuse often have a bail of $100,000. Therefore, and most often, the client wants to get the proceedings under way quickly. Although I understand that being in custody is not the ideal situation, preparing an adequate defense often takes more time than the sixty days from arraignment in Superior Court, and some cases get continued. I make certain that my clients understand what is taking place, and why I need more time, if that is the situation. I do not stall cases just for the sake of doing so. I do not take on more cases than I can handle, as I believe that my clients would suffer because I am simply too busy to serve them competently.

Before I will agree to represent a client, I meet with that person. When a person is in custody, of course, they do not have access to money to retain an attorney. Usually a family member, loved one, or friend comes to me to discuss their case. If it appears that they are in a position to retain or hire me, I visit with the prospective client to make certain that he or she is interested in having me represent him or her. Following such a meeting I will then agree to accept payment to represent that person. All agreements regarding my services are in writing. It is required of Attorney's that all Fee Agreements be in writing, and that the client receive a copy of the agreement.

I never make promises about the outcome of any case. Any lawyer who does is making a big mistake. The only promises that I make are that the Client will know what is taking place, that I am their "zealous advocate" who is not afraid to be on their side, and that they will always be able to communicate with me. Far too often a client has an idea about what they want to happen, only to be disappointed because their attorney did not know enough about their case, and made statements to them based upon what the client knew about the facts. Please understand that a case is based upon what the witnesses and the police say has happened, and then whether there is a way of disproving those alleged facts. Although every defendant is entitled to the "presumption of innocence," which means the he or she is innocent until proven guilty, human nature dictates otherwise. Most people believe just the opposite, and it is every defense lawyer's responsibility to not only challenge all of the evidence, but to attempt to find ways of disproving any such evidence.

I have a private investigator who works with me on most of my cases. He is experienced and competent. He knows how to talk to people and how to obtain evidence. One must remember that the prosecution has many advantages. They have all of the evidence first, all of the witnesses first, they have the largest investigative agencies working for them (law enforcement), and they work for the largest law firm in town. Their resources are virtually unlimited. The defendant has me and my investigator. The odds are against a defendant from the beginning, and that is why it is critical that I do my job thoroughly and competently.

Civil Rights Cases

My Civil Rights cases are almost always filed in the Federal Courts. These cases take a great deal of time. There are several stages in the case, the most lengthy of which is the "discovery" process. Written questions (interrogatories), written requests for documents, and depositions (where a witness is sworn before a Court Reporter and asked questions about the case) are essential elements of preparation for trial. I do not handle a high volume of these cases, either. I am selective in the filing of such cases, as the Federal Courts are sophisticated and demanding. A violation of one's Civil Rights is not uncommon, but whether there is a remedy available is the key to successful litigation. I usually handle these cases with an initial retainer (fee) being paid to me, and the balance of payment on a contingent fee basis, which means that I only get paid if we win. However, in a Civil Rights case, there are costs of litigation, including a filing fee, court reporter's fees, and copying costs which could amount to large sums depending upon the amount of documentary evidence in the case. My clients must agree to pay all costs of litigation.