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The A-B-C’s of Criminal Defense Strategies

Topics: Criminal Defense

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Being accused of a criminal offense can be life-altering. If you end up being charged for the offense, your life could be permanently changed with the potential to face years in prison. Fortunately, there are several effective criminal defense strategies that have been proven time and time again. These strategies are designed to give you all the legal benefits afforded to you by the United States Justice System and ensure that you are truly "innocent until proven guilty." Here are just a few of the most popular criminal defense strategies: Suppressing evidence in court: While "suppressing evidence" sounds strange, the reality is that this is a common method of improving a defendant's prospects in the courtroom. Suppressing evidence involves the lawful process of disqualifying specific pieces of evidence because they were acquired unlawfully. For example, evidence that was taken in violation of the Fourth Amendment could be inadmissible in court, so long as the criminal defense lawyer moves to suppress the evidence. Creating a truthful story that offers the best chance of a reduced (or eliminated) sentence: Quite often the defendant will take the stand, and then be examined and cross-examined by the defendant's lawyer and the prosecutor. Therefore, it is incredibly important that the defendant and their criminal defense lawyer work together to ensure that every part of the story makes sense. This helps to ensure that the prosecution cannot poke holes in the testimony (thereby creating doubt in the minds of the jury). Even defendants who had absolutely nothing to with what they’ve been accused of can get nervous and say something they didn't mean to say – which is why practicing is extremely important. Utilizing expert witnesses: In many cases, the evidence won't necessarily point directly to the defendant; instead, it will be interpreted by the prosecutor in a way that links it to the defendant. Retaining one or more expert witnesses is an excellent way of bringing into question the validity of those interpretations. Remember, all a criminal defense strategy needs to do is establish enough reasonable doubt that a "not guilty" verdict is reached. If you are not a U.S. citizen, for example, you are undocumented or have a visa or a green card, the consequences of a criminal conviction could be even more harmful for you. That is why it is best to work with a team that has both criminal and immigration experts who can advise you. Retaining a criminal defense attorney who understands the intricacies of the law, and who is also willing to fight in court for you, is essential to any successful criminal defense strategy. We encourage you to contact The Law Offices of Scott Warmuth at 1-888-517-9888 to find out which criminal defense strategy will work best for you.
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Early Release for Convicts in California – Latest Ballot Measures

Topics: Criminal Defense, Immigration

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Thousands of inmates serving sentences in California prisons for nonviolent crimes could end up being eligible for an early release date. Our criminal defense attorneys offer the latest news on this November’s ballot measure. New Ballot Measure Governor Jerry Brown’s proposed ballot measure, which was introduced in early 2016, could make it possible for inmates who have been convicted of nonviolent crimes to be released early. Inmates who are eligible for early release would need to participate in prison education programs or demonstrate good behavior in order to earn credits. This initiative will be added to this November’s ballot if at least 585,407 signatures are gathered and certified by the end of June. Opposition to the Early Release Ballot Measure The proposed ballot measure that would result in early release for nonviolent offenders has its share of opponents. Prosecutors in California accused the ballot measure addition of being unlawful when it was combined with a different criminal justice ballot measure. However, the California Supreme Court ruled that this move was not unlawful. Some prosecutors have also expressed concern that this new ballot measure would make it difficult for them to negotiate plea bargains. Support for the Early Release Ballot Measure One of the main reasons behind the introduction of the early release ballot measure is the 2011 U.S. Supreme Court ruling that ordered California to reduce prison overcrowding within a certain timeframe. Brown is trying to gather support for the new ballot measure by informing the public that the state might be forced to release inmates in order to deal with overcrowding. Instead of a forced release, the ballot measure would help ensure that only nonviolent offenders are allowed to leave prison early. The state has already been able to reduce prison populations to some degree with the help of Prop. 47, which makes what were once considered felony drug possession charges misdemeanors, and the use of private prisons in California and in other states. Those who have been charged or convicted of a nonviolent crime in California should keep in mind that they might be eligible for early release if this ballot measure is added and receives a majority vote. If you have been charged with a crime or are seeking legal help, contact the Law Offices of Scott Warmuth to speak with a criminal defense attorney today. We have offices in San Gabriel, City of Industry and Los Angeles.