Orange County Criminal Defense Lawyer Blog

This question comes up a lot. Defendant A comes into my office and says, "I'm guilty. I did it. Do I really need a lawyer? Maybe I should just throw myself on the mercy of the court and get it over with."

The question then becomes, how does that usually work out? And, the answer is, usually not so well. Unless the case is one that is so minimal, like a traffic ticket, the judge has too much discretion to just plead guilty without thinking about the consequences.

If you have a lawyer, you can be fully advised of all the impacts of your plea of guilty. For example, many crimes now carry immigration consequences that defendants don't know about and don't even consider when they plead guilty. A lawyer can often mitigate the effects of the immigration issue for the defendant. The judge will tell you that this conviction may lead to deportation, exclusion from the United States, or denial of naturalization but the judge doesn't consider that there may be alternatives to the plea of guilty. A lawyer on your side can advise you if pleading guilty is the best and only thing to do under the circumstances.

A lawyer stands between you and the judge and the government, protecting you from the disastrous consequences that come with conviction. A lawyer can often lessen the sentence the judge would offer a defendant standing alone. A lawyer can often negotiate with the prosecutor to lower the charge or change the sentence based on defenses he knows about and you don't. Your lawyer can advise the prosecutor and the judge about the "why" the crime occurred and not just that it happened.

Most people do crimes because of a lapse in judgment not because they are evil people. For those of us who have made errors in judgment and had tough times in our lives, a lawyer can not only counsel you through difficult legal troubles but advocate and explain your particular situation to those with the power over what happens to you in the legal system.

There is no doubt about it, even if you are guilty, don't make the mistake of going it alone in the legal system.

If you are in trouble with the police you need to hire the best lawyer you can find. The State Bar of California has established a system that recognizes experts in the various fields of the law. If the police come knocking at your door, you had better have someone you can count on as an expert in criminal law. The certification from the State Bar of California as a Specialist in Criminal Law is your guarantee you are getting the best representation possible.

The police have all the power of the government behind them. The prosecutor can call on unlimited resources to get a conviction against you. It is the prosecutor's only job is to go after people, trying to convict them of the crimes with which they are charged.

Make no mistake, the prosecutors don't have anything better to do than to prosecute you. Many clients will say, "Will they really spend the time and money to prosecute me for this? Aren't there more serious crimes they should be going after? Why won't they just let me go? I'm not a criminal."

Well, to the prosecutors, you are a criminal. It's their job to attack you and convict you. The only person who stands between you and those prosecutors is the best lawyer you can find. If that lawyer is a State Bar Certified Specialist in Criminal Law, then you have an extra level of assurance that when he says he's an expert in defending people charged with a crime, he really is.

If you had cancer would you go to a doctor who did general medicine? That doctor is licensed to practice medicine, but he isn't as likely to be the expert you need to treat your cancer as one who has devoted his life to studying that specialty. But, just like in medicine, all lawyers can practice criminal defense but few are recognized experts in it. Only ½ of 1 percent of all lawyers in California are Certified as Experts in Criminal Law. A State Bar Certified Specialist in Criminal Law knows what the defenses are, how to present them, when to present them, and how to best use them to get you the best possible result.

Don't be fooled by those who say they "specialize" in an area of criminal law. Ask them if they are State Bar Certified Specialists in the area they say they "specialize" in. If they aren't, then they haven't gone through the testing, proof of experience, and peer review that makes it so difficult to be a State Bar Certified Specialist in Criminal Law.

Don't go into court without being fully protected. Don't go into court unless you are represented by a State Bar Certified Specialist in Criminal Law like Rudolph E. Loewenstein, State Bar recognized as a Certified Specialist in Criminal Law since 1991.

Often times I hear, "Well, if I hire a lawyer, won't it look like I'm guilty?" The clear and simple answer is "No". It's just plain smart. Who is telling you that you don't need a lawyer? It's law enforcement. Who is telling you that, "I just want to hear your side of the story"? It's the cops. Who then turns that around against you and tells you, "You're lying"! Again, it's those trying to put you in jail.

Who is the one who, even though you are using your best memory, tells you that you're lying because others have said something different? Guess who, it's the same people who are trying to put you in jail. Who is allowed by law to lie to you when they question you? It's the police, that's who.

Did you know that the police can lie to you when questioning you? They can tell you that they have your DNA when they don't or that you left fingerprints when you weren't even there? If some court later finds that what the police did was designed to get the truth from YOU then there isn't anything at all wrong with them lying through their teeth to YOU.

How do you know what the police say you said, you ACTUALLY said? They don't always record the statements. There isn't any law that says they have to audio or video record your statements. So if they say you said something and you say "no, I didn't or it was taken out of context", you are out of luck. Who do you think the court or jury is going to believe? It most likely won't be you.

So next time you're asked to cooperate you better think twice about doing that without the advice of a good lawyer. If you think you are going to be questioned by the police, call an attorney first. If you are already being questioned, tell the police you won't answer any questions until your lawyer is present. You have a constitutional right to have your lawyer present. Take full advantage of that. It is the only way you can protect yourself.

DNA stands for deoxyribonucleic acid. It is the genetic material found in nearly every cell in the human body. It is as unique to each person as a fingerprint, and can be used to exclude a suspect in a crime, or indicate that the person is guilty.

DNA can be found at a crime scene through many things; bodily fluids, hair, skin cells. It can be obtained from almost any source, a hat, a drinking glass, a hair left at the scene. Since it is found in virtually all human cells, any cell left behind at the crime scene that is found by the police, can be examined.

Forensic scientists speak in their own language. A suspect can be either excluded or not excluded. If the person cannot be excluded, then the scientist usually says there is an astronomically high probability it is someone beside you. In other words, the scientist might say something like there is a one in one trillion chance the DNA belonged to someone OTHER than you. For all practical purposes this means the DNA belongs to you.

What if there is no DNA left behind at the crime scene? That would neither help nor hurt. Since there isn't any DNA pointing to someone else, it is simply not considered.

But what if there is DNA found at the scene, but it excludes the suspect? The answer depends on where the DNA is found and the totality of the circumstances. Let's say there is a crime where the perpetrator was seen wearing a hat. And the hat was left behind at the scene. The hat is analyzed and DNA is found on the hat but it excludes the defendant in the case. You would think this would be the end of it and the defendant would be released. Not so fast. The scientist will testify that it is possible to wear the hat and not leave behind any DNA. Therefore, the defendant could have borrowed the hat from someone else (which would explain the DNA belonging to someone else), worn the hat at the crime and simply not left behind any DNA on the hat. In order to win the case, the defense lawyer might have to provide additional information. DNA is only one part of the evidence presented in court and does not necessarily determine the outcome of the case by itself.

A good criminal defense attorney connects with his clients on more than one level. There is the objective analysis of the facts that must be done without regard to emotions. In order to evaluate a case properly, a good attorney needs to look dispassionately at all the facts and circumstances involved. He needs to know the law and how the facts fit into the law. He also needs to know exactly what the prosecutor has to prove in order to win, which is why being a former prosecutor can big a big advantage.

In establishing the facts and circumstances of the alleged crime, the attorney also must establish a relationship with the client and the client's family. This is where the emotional involvement comes into play. The case is made up of more than just facts. It is made up of a human being with all that entails. A good attorney needs to care about his client. He worries about the client as a person. He has concerns about more than just getting the client "off". In almost every crime there is an underlying problem and the lawyer worries about his client getting well.

If substance abuse is involved, the lawyer worries about the client obtaining treatment and getting well. If the client is going to jail, what is going to happen to his family while he is away? How will he pay his fines? His bills?

In cases of domestic violence, often a restraining order is issued. How will the client cope with the loss of his family? Things are rarely as clear cut or black and white as they appear on paper. It's the attorney's job to not only get his client the best legal result possible but the best life result.

Juvenile cases often offer the most hope for having a positive impact on the client's life. Depending on the individual circumstances the goal is to help the minor turn his life around at an early stage. It can be incredibly satisfying to feel that the lawyer has really helped the client on multiple levels.

Drunk in Public is defined by California Penal Code Section 647(f). In general the definition is that a person is drunk in public if he is too intoxicated to care for his own safety or the safety of others. This is a very high standard.

Many times the police use this as a method of simply clearing the streets. The reality is that the charge very well might not stick. In other words, the police can take you into custody and charge you with drunk in public but one of two things may happen: the prosecutor may reject the charge or the charge may not be proven in court.

If you are charged with this, it is essential that you consult with an experienced criminal law specialist immediately. It is quite possible that your attorney can get the charge dismissed. If that isn't possible, there are often alternatives such as paying court costs and/or attending drug and alcohol classes that can be employed in order to earn a dismissal.