San Mateo

Criminal Defense Lawyer

If you believe you might be under criminal investigation or if you were arrested, getting a seasoned criminal attorney to help you should be your highest priority. Experienced representation could mean the difference between serious criminal sentences, a reduction in penalties, and a dismissal of all charges.

A San Mateo criminal defense lawyer could protect your rights while investigating to find evidence that weakens a prosecutor’s case. Do not wait to get the legal guidance you need to preserve your future.

Do Not Delay Seeking Legal Help

You may learn you are under criminal investigation when you receive a letter in the mail listing your charges or a visit from a law enforcement agency seeking information. Authorities might execute a search warrant on your home or office. Sometimes, a friend or business associate might mention that they have been asked questions relating to a matter of mutual concern.

In other cases, a specific event could lead to an arrest on sight. Regardless of the circumstances, it is crucial for anyone under investigation or arrested for a crime to get legal counsel immediately. A San Mateo criminal attorney could protect your interests so that you avoid making statements or taking actions that might make it more challenging to resolve a matter or reach a favorable resolution.

Additionally, it is best not to speak to the police without an attorney present. Waiting to call a criminal defense attorney until after a police interrogation or interview with investigators could result in you inadvertently making damaging admissions and weakening your defense.

Legal Options for Criminal Charges in San Mateo

If a suspect is under investigation or arrested, a criminal attorney in the area could meet with the prosecutor to discuss whether the evidence is sufficient to proceed. The prosecution’s case might not be strong, and challenging the adequacy of the evidence at an early stage could lead them to decline to prosecute.

It could be possible to negotiate for reduced charges with less severe consequences in other cases. For example, a prosecutor might allow someone charged with a felony to plead guilty to a misdemeanor. The accused’s criminal record will often impact the prosecutor’s willingness and ability to allow a plea to a reduced charge. If a defendant has prior convictions, the prosecutor is less likely to be flexible.

The parties might agree that a diversionary or collaborative justice program is the best solution in some circumstances. These programs offer offenders the opportunity to participate in treatment, counseling, and other support systems to overcome substance misuse, mental health, or social challenges. The San Mateo County Superior Court offers specialized programs for veterans, active-duty military, people with dual diagnoses of addiction disorders and mental health, and individuals charged with drug possession. These programs allow alleged offenders to engage in treatment rather than serve time in jail.

Mounting a Defense in Court

If the prosecution and defense cannot agree to settle a charge before trial, a criminal defense lawyer could prepare a robust and strategic defense aimed at defeating the charges. Some potential defenses are specific to certain crimes, but some could apply to various criminal charges. Alibi, mistaken identity, false witness, self-defense, and absence of intent are applicable defenses in many cases.

A San Mateo criminal attorney will investigate to ensure that authorities did not infringe on the defendant’s rights during the investigation or arrest. If there is evidence of misconduct or misapplication of the law, the defense might assert a pre-trial motion seeking redress for the violation.

Serna Motion

A Serna motion asks a judge to dismiss charges due to a delay in prosecution that violated a defendant’s right to a speedy trial under the Constitution.

Pitchess Motion

If a police officer used unreasonable force, falsified evidence, filed a false police report, coerced a confession, or racially profiled a suspect an attorney might bring a Pitchess motion to gain access to the officer’s personnel file. If the officer has a history of such misconduct, the defense could use that information to attack the officer at trial. Prosecutors could decide to dismiss a case if an arresting or investigating officer has a problematic record. Under Senate Bill 1421 a Pitchess Motion is no longer necessary to gather certain records open to public inspection. These records include those related to an officer shooting their gun at an individual, an officer who previously committing a sexual assault, the officer committed a dishonest act, and when an officer uses force against an individual that results in great bodily injury or death.

Motion to Dismiss

A motion under California Penal Code §955 asks a court to dismiss a charge or set aside the information after preliminary hearing because the evidence to support the charge does not establish probable cause. Probable cause is a set of facts that would convince a reasonable person that a suspect is guilty of a crime. It is a very low standard of proof so it is common that the accused may be “held to answer” for the felony charges they are facing; however, a felony criminal attorney with experience handling preliminary hearings could not only work towards dismissing some or all of the charges against you at the preliminary hearing but if the prosecutor adds charges back or alleges new charges the attorney can file a §955 Motion to dispute the legitimacy of the charge and the sufficiency of the evidence.

Motion to Suppress

A motion under California Penal Code §1538.5 asks a judge to suppress or throw out evidence obtained through an illegal search. A search is unlawful if the police had no probable cause and no warrant. Any evidence derived from an unlawful search and seizure could be deemed to be fruit of the poisonous tree and therefore excludable as tainted evidence. Even if the police had a warrant, a criminal defender in San Mateo could argue that the warrant was defective or that the police conducted the search improperly. It is critical to find a criminal defense attorney with experience filing and litigating motions to suppress because it may end up being dispositive in your case and could result in the dismissal of charges.

Rely on a San Mateo Criminal Attorney to Provide Your Defense

If you face criminal charges or believe you are under investigation, reach out to a seasoned attorney as soon as possible. There is no substitute for knowledge and experience when your freedom might be on the line.

A San Mateo criminal defender could work tirelessly on your behalf to mitigate the penalties you face. Give yourself the best chances of success and call today for a consultation.