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