What Does a Criminal Defense Lawyer Do in California?

The California criminal justice system poses significant challenges and creates feelings of intimidation for anyone who must navigate it. It is essential to have a criminal defense lawyer when someone faces either misdemeanor or serious felony charges. They can protect their clients’ rights and work to achieve the greatest possible outcome for their case. Many may ask, “What does a criminal defense lawyer do in California?” Knowing the answer can help you prepare for the upcoming legal process.

Case Evaluation

California’s courts processed over 4.5 million cases in the 2022-2023 fiscal year. The budget for that fiscal year was $5.2 billion, about 1.7% of the state’s total budget. Many of these cases require the assistance of a criminal defense lawyer.

Whether defending a client accused of a DUI or charged with a drug offense, or representing someone facing serious allegations like domestic violence, sex offenses, or even murder & manslaughter, a criminal defense lawyer’s duties always begin with a complete analysis of the case. The attorney will review the arrest report to evaluate the evidence, then conduct an in-depth interview with you to gain a full understanding of the circumstances.

Your legal team will also scrutinize law-enforcement actions, searching for constitutional violations such as unlawful searches or arrests, and look for flaws in the prosecution’s evidence and procedures that could form the basis of a challenge. At this point in the case, an experienced attorney can decide if the client should proceed to trial or work out a plea deal.

Pre-Trial Motions

The California legal process requires pre-trial representation, as criminal defense attorneys can participate throughout all phases of a case. During the pre-trial phase, defense lawyers might file motions to suppress evidence, challenge witness credibility, or dismiss the charges. Filing these motions can result in significant improvements in a case’s outcome, particularly when surveillance issues or security camera footage disputes reveal critical defense evidence.

When a defense attorney wins a motion to remove illegally obtained evidence from a trial, the prosecutor may have to dismiss or lessen the charges. Because incarceration expenses are high, courts often display a willingness to accept strong procedural motions, which lead to more efficient case resolutions.

Plea Bargaining

Defense attorneys serve as essential negotiators for plea agreements. They can work to secure reduced charges or lighter sentences for their clients. They might suggest alternative sentences, such as community service or diversion programs, particularly in counties where California’s Collaborative Courts offer paths toward rehabilitation instead of incarceration.

The negotiation process usually involves mitigating factors (such as a clean criminal history), employment status, and a willingness to seek counseling. In Los Angeles and Alameda counties, public defenders and private lawyers often collaborate with California’s Collaborative Courts. These provide alternative solutions for people facing mental health or substance abuse challenges.

Advocating in the Courtroom

The criminal defense lawyer can represent their client’s interests in court if the case reaches trial. The defense lawyer can develop their defense strategy, cross-examine witnesses, and present evidence to make legal arguments before judges or juries.

From gun crimes and white-collar charges, such as RICO racketeering, mortgage fraud, and marijuana offenses, experienced defense lawyers know how to establish connections with jurors, effectively counter the prosecution’s strategies, and navigate California criminal law’s distinctive aspects. Defense attorneys aim to create reasonable doubt against the prosecution while ensuring their client’s narrative is delivered clearly and credibly, whether fighting to avoid conviction or pursuing California record expungement afterward.

Fighting for Sentencing

The responsibilities of a criminal defense attorney continue beyond a guilty plea or conviction. The role of defense attorneys includes important work in sentencing advocacy. Defense attorneys can use mitigating circumstances, like family backing, having no previous criminal record, and promises to rehabilitate, to persuade judges to impose milder sentences.

California permits multiple sentencing choices, including probation as well as alternative programs that focus on drug treatment or electronic surveillance. Defense attorneys can work with local probation departments and community organizations to create alternative sentencing proposals. These can ensure accountability while minimizing unnecessary imprisonment.

Post-Conviction Assistance

Following sentencing, criminal defense attorneys can assist clients in seeking post-conviction relief. The lawyer can file appeals and sentence modification requests, sometimes highlighting misconduct or failures within California law enforcement that impact a conviction’s fairness. In other circumstances, they can file expungement petitions for qualifying offenses. Clients in California benefit greatly from post-conviction measures, especially with legislative changes like Proposition 47 and other reforms that reclassify certain offenses and reduce penalties.

Client Support

Criminal defense attorneys fulfill their responsibilities by acting as reliable advisors beyond their courtroom duties. Attorneys can navigate their clients through their stressful and perplexing legal journey while explaining each action along the way. Effective lawyers deliver legal knowledge while also providing their clients with reassurance and honest clarity.

An attorney can collaborate with mental health professionals, social workers, and reentry programs to deliver comprehensive support to their clients. Implementing this approach leads to better case results while simultaneously reducing future encounters with the justice system.

FAQs

Q: What Is the Role of a Criminal Defense Attorney?

A: The role of a criminal defense attorney includes defending individuals facing criminal charges and safeguarding their legal rights during judicial proceedings. Defense lawyers examine criminal cases before creating a legal strategy. They can negotiate with the prosecutors while representing their clients in court proceedings.

A defense attorney’s primary objective is to achieve the most favorable legal resolution, either by dismissal, obtaining a favorable plea deal, or achieving a not-guilty verdict.

Q: How Much Does a Criminal Defense Lawyer Cost in California?

A: A California criminal defense lawyer’s fees depend on the case’s complexity, the attorney’s experience, and geographical location. A flat fee structure applies to some attorneys, but other lawyers use hourly billing systems. Legal professionals charge higher fees for serious or high-profile legal cases. Be sure to discuss fees with your lawyer upfront before hiring them.

Q: Is a DA Like a Lawyer?

A: Yes, a district attorney is a lawyer who represents the government and brings criminal cases to trial for the state or county. The purpose of their work is to establish the defendant’s guilt during courtroom proceedings. A criminal defense lawyer defends the accused by protecting their rights and interests while challenging the evidence and arguments presented by the DA.

Q: What Is the Difference Between a Criminal Justice Attorney and a Criminal Defense Attorney?

A: The designation “criminal justice attorney” describes any legal professional working in the criminal justice system. This encompasses prosecutors and defense lawyers, with the occasional inclusion of judges and legal scholars. A criminal defense attorney commits to protecting people who have been accused of committing criminal acts. They represent the accused by building defense plans and maintaining legal fairness throughout proceedings.

Contact Tully & Weiss Today

If you or someone you know is facing criminal charges in California, seek assistance from a defense attorney immediately. Contact Tully & Weiss, and we can defend your rights and fight for a favorable outcome.