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Rights of a Defendant in Criminal Proceedings in San Diego, CA

1. Right to a Criminal Defense Attorney

Defendants have the right to a criminal defense attorney throughout criminal proceedings. In felony and serious misdemeanor cases, the court will appoint an attorney for the defendant at no charge if they cannot afford to hire one. However, if you can afford to hire a criminal defense attorney, the court will not appoint one or, if they do, you may be required to pay all or part of their fees. To retain a superior criminal defense attorney, please contact our San Diego practice.

2. Right to a Jury Trial

On felony, DUI, and serious misdemeanor cases, defendants have a right to a speedy, public jury trial. On other misdemeanor cases, you have a right to a trial with a judge. At the trial, the defendant is presumed innocent, and cannot be convicted unless the impartial jurors are convinced of the defendant's guilt beyond a reasonable doubt.

3. Right to Confront Witnesses

Defendants have a right to confront and cross-examine all witnesses testifying against them. This means the witnesses show up in court and testify. If witnesses fail to appear, the state might dismiss your case if requested by your criminal defense attorney.

4. Right Against Self-Incrimination

You haves the right to remain silent and not incriminate yourself. You also have the right to testify on your own behalf. If you choose not to testify the court and jury cannot hold this against you.

5. Right to Produce Evidence

The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.

6. Right to Hire and Experienced Criminal Defense Attorney Team

At Kerry Steigerwalt's Pacific Law Center in San Diego, our experienced attorneys are only part of the team we can use to help you. When investigating your case, our investigators utilize years of experience combined with state of the art database and equipment to uncover critical information and evidence to defend our clients. Some of the techniques commonly used in criminal defense cases include:

Crime Scene Investigation

• Photographs/Videos
• Sketches, Diagrams and Measurements
• Witness Interviews
• Follow-Up and Development of Leads
• Police Interviews
• Fire/Rescue Ambulance Interviews
• Victim Interviews
• Secondary Forensic Evidence Testing
• Witness/Suspect Location
• Polygraph Examinations and Interpretations
• Background Investigations of Involved Parties
• Confidential Informants and Sources

Pre-File Investigations

• Polygraph Examinations and Interpretations
• Police Investigations
• Psychological Experts
• Photographs of Location and Victims
• Locating Other Wrongly Accused Individuals
• Computer/Internet Experts
• Confidential Informants and Sources
• Public Record Searches

Our investigators use any and all means to legally obtain the evidence or statements needed to get the results you deserve!

7. Fight Your Case Before It Goes to Court

San Diego's Kerry Steigerwalt's Pacific Law Center knows the importance of fighting a criminal complaint before charges are filed and the case goes to court. Your criminal defense attorney should do everything possible to give you the best chance to succeed.

Pre-File Investigation

The client is contacted by a law enforcement agency, however, charges have not been actually filed.

Goals of a Pre-File Investigation

• Prevent filing.
• Reduce charges, i.e., felony to a misdemeanor.
• Divert allegations into an informal resolution.
• Ease client's concerns about the case.
• Keep clients apprised of legal rights.
• Assist with surrender and avoid arrest.

Ways to Prevent Charges from Being Filed

Bolster Client's Credibility

• Private polygraph - if the results are favorable, then they will be shared.
• Reference letters from community leaders, religious leaders, teachers, friends, etc.

Attack Credibility of the Victim

• Use other witnesses to question the reputation and truth of the victim.
• Unsubstantiated allegations made by the victim.

At Kerry Steigerwalt's Pacific Law Center, we believe in defending the individual rights of those accused of a crime. Being arrested or charged can happen to anyone and you are not alone. We are on your side and we can help protect you from the government. Schedule a free consultation with a criminal defense attorney at our San Diego office.