Category Archives:criminal justice attorney

Information on hiring a criminal justice attorney in San Diego

A closer look at the plea bargain in a criminal case

Criminal defense attorney San Diego

is your best weapon when
facing criminal charges. Did you know not all cases need to go to
trial? Some cases are dismissed after the preliminary hearing or after a
plea deal. However, for this to happen in your favor, you will need
help from a great criminal defense attorney San Diego..

The criminal justice system has an overburden of cases. As a result,
a majority of criminal cases is settled through a process that is
called plea bargaining. This is a process in which the defendant agrees
to plead guilty instead of proceeding to a jury trial; in exchange for
something in return.

Both sides have to be willing

In order for a plea bargain deal to be achieved, the two sides must
be willing to agree. There is something to be gained by both sides. It
is the work of the criminal defense attorney San Diego
to ensure you get a fair share. The prosecution can benefit from
getting a conviction without spending time and money in trial whereas
the defendant will benefit by getting a reduced sentence or by having
some of the charges against him or her dropped. In other cases, the
prosecution offers a plea deal so in order to save the victim from the
pain of testifying at trial.

Factors that influence a plea deal

It is not all the time when you, the defendant, will like the terms of the deal on the table. Your criminal defense attorney San Diego,
who understands what is at stake, will enlighten you and help you know
if a deal is worth taking or not. There are a many factors that
influence a plea deal. They include:

The seriousness of the crime committedStrength of the evidence Likelihood of a guilty verdict after trial

Criminal court dockets overwhelmed

Regardless of how attractive the deal your criminal defense attorney San Diego
offers the prosecution, the prosecution may refuse to enter into the
plea deal. This is common where the case is serious such as in the
first-degree murder case. On the other hand, if the evidence is in a
way the prosecution feels he might have difficulty convincing the jury
beyond reasonable doubt, then he may be open to a deal.

Bargain prohibited

Not all cases give room to plea bargains. The state has passed laws
prohibiting plea bargains in some cases. For example, a drunk driving
charge cannot be bargained down to a reckless driving in most states.
Repeat offenders, sex offenders and other criminals who might put the
public in danger are often denied plea bargains. The criminal defense attorney San Diego will let you know if you can get a plea deal.

The main reason that a plea deal is given is because of the
overwhelming number of cases in the court system. About 10% of criminal
cases actually proceed to trial. Even so, you will need a good criminal defense attorney San Diego to represent you and help you cut a good deal.

Criminal Defense Attorney San Diego - Deciding to File Charges

Not every criminal arrest results in criminal charges. It is the decision of the prosecutor to determine whether to file criminal charges or not. This is regardless of how severe or minor your offense looks. With that said, you should never face the law on your own. Hire a criminal defense attorney San Diego you can depend on. At times, the actions of your criminal appeals lawyer can keep you from facing the wrath of the law.

To uphold their duty as the agents of the government, prosecutors are required to evaluate cases carefully before filing charges. There are many factors that influence the final decision of the prosecutor. As we reviewed earlier, your criminal defense attorney San Diego can help alleviate the offense or cause the prosecutor to dismiss the case. Your lawyer can do this by bring irrefutable facts to the table prior to the filing of the charges.

The prosecutor will answer the following questions before filing the charges:

  • Is the evidence sufficient for all elements of this crime?
  • Am I convinced the defendant is really guilty?
  • Will the available evidence lead to conviction beyond reasonable doubt standards?

If the answer to all the above questions is yes,  a criminal defense attorney San Diego can fight to alleviate the decision of the court.

How long after arrest will the charges be filed?

If a suspect is in custody, speedy trial is required. The prosecutor should file or dismiss charges within 72 hours. You may also be charged much sooner especially if there is solid evidence against you. Even so, it is important to note that the decision made by the prosecutor is not final. After the preliminary hearing or when your criminal defense attorney San Diego makes the court aware of new facts, the prosecutor may change his decision. If your case is a complex one, you will be charged only after the preliminary hearing.

How long will the case take?

The duration of a criminal case varies. It depends mostly on the severity of the offense. For example, DUI cases can be resolved one month after arrest whereas felony trials can go on for more than 12 months.

Speedy trial rights

Speedy trials are required. After the criminal charges have been filed, you as the defendant can as for things to move more quickly through your criminal defense attorney San Diego. Delays can only be tolerated if there is a good cause. If there is no good reason for delays, the judge can simply dismiss all the charges.

If you are facing criminal charges, you will need to consult a dependable criminal defense attorney San Diego. He will help get all the necessary documents ready, give you answers to various questions such as how long it will take for the case to be resolved as well as show you how to behave during the proceedings. A good criminal appeals lawyer will protect your rights and advise you on the right course of action.