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