| People often ask me how to determine if a Criminal | | | | crime. Family may mean well when asking questions, |
| Defense Lawyer is good or not. Having practiced as | | | | but unless the client authorizes the attorney to talk |
| a San Francisco criminal defense attorney throughout | | | | about it, anything said about the case should remain |
| California for thirteen years I have developed some | | | | private and confidential. |
| opinions about this, which are laid out in the eleven | | | | 6. Consider any immigration consequences: |
| rules below. These attributes can help make the | | | | Anyone who is not a citizen must be especially |
| difference between a good, bad or mediocre result. | | | | careful when facing criminal charges. Any conviction |
| Remember that good criminal defense lawyering is as | | | | or even an admission without entry of a judgment, |
| much an art as a technical skill. There is no substitute | | | | can result in deportation, exclusion from re-admission |
| for experience. On the other hand it is unfortunately | | | | or denial of citizenship. This is unfortunately a highly |
| true that some veteran lawyers are tired of | | | | misunderstood area of the law by many criminal |
| practicing law or have been doing it the wrong way | | | | lawyers. Understanding these rules is critical whether |
| for so long, they can't change their ways. These | | | | you are dealing with a San Francisco DUI attorney, |
| rules apply to all criminal cases, whether drunk driving, | | | | San Francisco criminal lawyer, San Francisco criminal |
| driving under the influence, drugs, fraud, assault, | | | | defense attorney, Oakland DUI lawyer, Hayward or |
| battery, domestic violence or others. Of course they | | | | any attorney from elsewhere in the country. |
| are no different whether you are looking for a San | | | | 7. Communication with the client: |
| Francisco criminal lawyer, an Oakland lawyer, | | | | Part of why a person hires a criminal lawyer is to |
| Hayward lawyer or a lawyer from another part of | | | | understand what is happening in the case as it goes |
| the country. The rules apply everywhere. | | | | along. A criminal defense attorney must talk about it |
| 1. The lawyer must care about the result and the | | | | with the client on a regular basis. |
| client's well being: | | | | 8. Investigation: |
| This may seem obvious but it is important for | | | | In most cases the client should allow the criminal |
| lawyers to remember how important a case is to the | | | | defense attorney to hire an investigator to interview |
| person charged with a crime. Criminal charges can | | | | witnesses. If the police did it to gather evidence |
| bring intense stress in all areas of a person's life, | | | | against you, why wouldn't you want to do it in your |
| including professional, financial and family life. This rule | | | | own defense. It costs money but it would be "penny |
| applies whether it is a simple DUI matter or a serious | | | | wise and pound foolish" to skimp on this part of your |
| fraud or homicide allegation. | | | | defense - that is, unless you agree with the police |
| 2. Get to know the client and his or her life situation | | | | version of the facts. |
| and background: | | | | 9. Legal research and motions: |
| I cannot tell you the number of times that the unique | | | | Any San Francisco criminal defense attorney must be |
| facts of a persons life, or stresses which they are | | | | sure to understand the "elements" of an offense, |
| under, strike a note of sympathy with judges when | | | | that is, what the prosecutor has to try to prove in |
| negotiating the outcome of a case, or at sentencing. | | | | order to get a conviction. Many times the prosecution |
| More importantly these facts can make a big | | | | cannot do it, but you wouldn't know it unless you |
| difference with a jury should a person accused with | | | | looked at the precise elements. Also many searches |
| a crime chose to testify in his or her own defense. | | | | resulting in police finding drugs or other contraband |
| 3. Work quickly to try to get the person out of jail: | | | | are illegal and should be challenged by the criminal |
| Needless to say, if a person is in jail and hires a | | | | lawyer. |
| criminal lawyer, they are expecting the lawyer to | | | | 10. Negotiation: |
| make every effort to gain their release from jail. | | | | The way in which a criminal defense attorney |
| There are several things that can be done by the | | | | negotiates a case can make the difference in a good |
| criminal defense attorney to make this happen, | | | | or bad result. Bear in mind that not all cases can or |
| including motions to set or reduce bail, motions for | | | | should resolve by negotiation. Sometimes your best |
| release on their own recognizance, or, in the case of | | | | option is to fight the case all the way to jury trial. |
| a San Francisco criminal lawyer or San Francisco | | | | 11. Trial |
| criminal defense attorney, a request for supervised | | | | Only about five to ten percent of cases go all the |
| release. For some people that own property, a | | | | way to jury trial. However for the case that we |
| motion to post real estate in lieu of cash is a good | | | | think we can win, jury trial is usually the best option. |
| way to avoid paying a ten percent premium to a bail | | | | On the down side, it is more expensive. That is |
| bondsman. | | | | because it should take intensive preparation for the |
| 4. Consider the effects of a criminal case on a | | | | lawyer. It can be stressful and time consuming for |
| person's profession, or future profession: | | | | you, the client. But when you win, you walk out the |
| Many convictions can result in the loss of business or | | | | door with no conviction on your record. If the judge |
| professional licenses. Any trade that requires a state | | | | and prosecutor refuse to offer you a reasonable |
| license, including hairdressers, nurses, landscapers, and | | | | alternative, and if you have a workable case, jury |
| many others, will be in jeopardy if you face criminal | | | | trial can be the only smart option. Before a jury is |
| charges. Knowing what you are able to accept as | | | | where the true lawyer shines as an advocate. Too |
| part of a plea bargain, or if you are able to plea | | | | many a San Francisco criminal defense attorney and |
| bargain at all, is critical to making the right choice in | | | | San Francisco DUI attorney has not done enough |
| your case. Any criminal defense attorney, whether a | | | | jury trials, fears going to trial, or has had no success |
| San Francisco criminal lawyer, Oakland lawyer, | | | | before juries. This is true for attorneys in most |
| Hayward lawyer or other, should be aware of this. | | | | locations. Trial should not be rushed into heedlessly. |
| 5. Remember confidentiality: | | | | Some cases should not go to trial. But trial should |
| It is important for a criminal lawyer to understand the | | | | always be an option that you discuss with your |
| privacy of the client. This is especially so when dealing | | | | lawyer, and your lawyer should appear |
| with family members of the person charged with a | | | | knowledgeable about the ups and downs of jury trial. |