Stanislaus County Criminal Lawyer
Detectives frequently manipulate suspects to elicit incriminating evidence. Individuals who respond to police questioning often find that they end up charges with serious offenses in the process.
If you have been accused of committing an offense, you have the right to retain a Stanislaus County criminal lawyer. With the help of experienced defense attorneys, you could fight to get your criminal charges dismissed or reduced.
What is the Criminal Indictment Process?
Significant criminal prosecutions typically begin with a charging document – either a Complaint or an Information. The charging document puts the accused on notice of the charges being alleged aginst them. It will typically include the date, location, victim name, the code section violated.
Public offenses constitute crimes punishable by death, imprisonment, or fines, per Cal. Pen. Code § 15. Indictments are required to try criminal defendants for “public offenses” that are punishable by death or more than one year of imprisonment, including the following:
- Drug Trafficking ( Health & Safety Code § 11379)
- Rape ( Pen. Code § 261)
- Murder ( Pen. Code § 187)
- Manslaughter ( Pen. Code § 192)
- Grand Theft Auto ( Pen. Code § 487(d)(1))
- Aggravated Assault ( Pen. Code § 220)
- Embezzlement ( Pen. Code § 503)
An experienced attorney could move to set aside a Stanislaus County indictment or information under Cal. Pen. Code § 995 if it was issued without probable cause or not adequately certified under California law.
Asserting the Right to Remain Silent
To bring criminal charges, prosecutors only need to show that a crime probably occurred. However, a criminal conviction requires the evidence to prove a crime occurred beyond a reasonable doubt. Prosecutors often have enough evidence to charge but not convict suspects. As such, investigators often rely on the accused’s admission of guilt after filing a lengthy indictment.
The Fifth Amendment protects criminal defendants’ right not to speak with law enforcement and prevents their silence from being used as evidence of guilt. Legal professionals in Stanislaus County can inform criminal suspects how to invoke their right to silence clearly and quickly to protect them from self-incrimination.
Defending Against Criminal Charges in Stanislaus County
Multiple arguments against felony and misdemeanor charges exist. Defense attorneys regularly analyze Stanislaus County criminal cases for the following primary defenses:
- Substantive – The defendant either committed no crime or acted with privilege, i.e., the suspect was out-of-state at the time of the alleged offense or fought in self-defense
- Constitutional – Officials violated a suspect’s constitutional rights, i.e., failed to obtain a warrant, provide an attorney, or respect the right to silence
- Procedural – Prosecutors proceeded in violation of California’s Code of Criminal Procedure
- Evidentiary – The evidence supporting the charges is unreliable, tainted, or falsified, i.e., a lying witness or inaccurate DNA test
Suspects remain innocent of all charges until proven guilty beyond a reasonable doubt. Presenting strong procedural, constitutional, or substantive defenses to criminal charges with the help of defense counsel may result in dismissal of information or an indictment.
Retain Criminal Defense Counsel in Stanislaus County
Hiring an experienced Stanislaus County criminal defense lawyer may mean the difference between imprisonment and acquittal. Prosecutors must prove your guilt, and immediately invoking constitutional protections may prevent investigators from obtaining incriminating evidence.
Do not try to handle these cases on your own. Whether you want to negotiate a plea deal, challenge a warrantless search, or assert your innocence, call our office today for a free case review.