Tustin Criminal Defense Lawyer
Facing criminal charges of any kind is a distressing and potentially life-changing experience. Whether you broke the law or have been charged with an offense you did not commit, it is crucial to have defense representation you can trust as soon as possible after an arrest. The sooner you secure a Tustin criminal defense attorney to represent you, the better prepared you will be to meet the challenges your case will present.
Criminal Defense Counsel for Tustin, CA, Defendants
The Law Offices of Christopher J. McCann, APC, have years of professional experience representing clients in Tustin and surrounding communities. We keep careful track of the newest criminal laws of California and understand that each client faces different challenges and risks in their case, and their defensive options may not all be immediately recognizable. Our team works quickly as soon as we accept a case to investigate the circumstances of our client’s arrest and booking in close detail. We help clients understand their rights in the criminal justice system and what they can expect during preliminary proceedings. If possible, our goal is case dismissal or a reduced sentence for our client if necessary.
Your Initial Steps Are the Most Important
The first steps you take after an arrest for any criminal offense in California can impact your future in many ways. If you are convicted of a crime in Tustin, you will face the penalties your sentencing entails and various effects on your personal and professional life. Your situation may seem desperate, and it’s understandable to feel as though the whole criminal justice system is working against you, but securing defense representation from a Tustin criminal defense attorney as soon as possible after an arrest can provide peace of mind during a very difficult time.
First Steps After Arrest Charges in Tustin, CA
Whether you committed a crime or were simply arrested for being at the wrong location at the wrong time, facing arrest can be incredibly distressing. You may feel compelled to try to explain your way out of the situation, especially if you have been wrongly accused of a crime you didn’t commit. However, regardless of your situation, it never serves your interests to argue with the police or, worse, resist arrest. The police will read you your Miranda rights as they place you under arrest and then transport you to their police station for booking.
Arrestee intake in California typically includes a mugshot, fingerprinting, and initial criminal court filings. Two important constitutional rights come into play for every American arrested for a crime. First is the Fifth Amendment’s protection against self-incrimination. Once you are arrested, you have no legal requirement to act as a witness against yourself. This means you do not have to answer any questions from the police. Instead, comply with their directions and conduct yourself calmly through the arrest and booking process until you can make your phone calls.
You Have Rights to an Attorney
The second constitutional right that applies after an arrest is the Sixth Amendment’s guarantee of legal counsel. Every American citizen charged with a crime has the right to an attorney. If they cannot afford to hire one or do not want to pay a private attorney’s fees, the court can appoint a public defender to represent them free of charge. This may seem practical, but a private Tustin criminal defense attorney can offer a more robust defense. Most public defenders are hardworking and capable attorneys tasked with managing multiple cases at once, leaving them very little time to offer clients much individual attention.
Benefits of Hiring a Tustin Criminal Defense Attorney
The right attorney can make a tremendous impact on your case’s outcome. The criminal justice system of the United States hinges on the concept of “innocent until proven guilty,” and the burden of proving a defendant’s guilt rests on the prosecution. Therefore, your best options for defense are likely to include a blend of attacking the credibility of the prosecution’s case and offering your own contradictory or exculpatory evidence that proves you did not commit the crime in question.
While it is not technically necessary to prove your innocence, and it is always possible for a criminal case to fall apart due to the prosecution’s failure to establish guilt beyond a reasonable doubt, it is always best to be proactive in your defense. However, it can be difficult to discern your best available defenses in the immediate aftermath of your arrest. This is another reason why speaking with a Tustin criminal defense attorney is crucial as soon as possible after your arrest.
Having a Defense Team Early on Increases Your Chances of Winning
The sooner you find a defense attorney to represent you, the better your chances are of reaching a favorable conclusion to your case. If the police committed any due process violations, failed to legally obtain probable cause to conduct your arrest, or otherwise failed to uphold their professional legal responsibilities, the average person may not be able to notice these issues. Still, they could potentially be enough to have their charges dropped. A good Tustin criminal defense attorney will work quickly to find all reasons they can find to petition for case dismissal on their client’s behalf.
Proving your innocence and avoiding conviction for an offense you did not commit can be very difficult, but you also need reassurance when you know you broke the law, and conviction is all but a certainty. The right Tustin criminal defense attorney handling your case will enable you to approach your proceedings confidently, and your legal team could potentially help you have your penalty reduced significantly. Ultimately, there is no reason to forego legal representation when you are charged with any criminal offense in Tustin, CA.
Types of Criminal Cases Handled by the Law Offices of Christopher J. McCann, APC
When you need a defense attorney in Tustin, CA, hiring one with proven professional experience handling cases like yours is essential. At the Law Offices of Christopher J. McCann, APC, our team routinely provides aggressive defense representation for clients facing a wide range of criminal charges, including:
- Driving under the influence (DUI). California enforces strict penalties for operating a vehicle under the influence of alcohol or drugs. However, California residents need to remember that even though marijuana is legal for adults over 21 to purchase, possess, and consume for recreational use, it remains illegal to drive under the influence of marijuana, and doing so can lead to very challenging criminal proceedings.
- Drug crimes. Drug-related offenses are some of the most commonly prosecuted crimes in California. Despite the fact that California enforces relatively relaxed criminal codes pertaining to illicit drugs, the state continues to report some of the highest rates of drug-related crime in the country. The penalties for drug-related offenses typically depend on the substance in question, the quantity found in the defendant’s possession, and evidence indicating intent to sell, distribute, or traffic the substance.
- Theft and fraud. Fraud is an illegal act of deception intended for personal gain and is usually equated to a form of theft, the illegal taking of another party’s property without their consent. The penalties for theft-related offenses in California depend on the value of property stolen and the defendant’s criminal history. When it comes to fraud, certain types of fraud qualify for prosecution in federal court, and defendants face much harsher penalties than they would in a state-level criminal case for fraud.
- Domestic violence. This term applies to any act of violence within a family or household. California enforces very strict domestic violence laws, and anyone convicted of domestic violence could face fines, jail time, liability for the victim’s civil damages, and loss of any child custody or visitation rights they may have held.
Some criminal cases are multifaceted and involve multiple charges. Some defendants may face additional charges and/or heightened penalties due to their conduct before, during, and/or immediately following arrest. It is also possible for a defendant to face an elevated sentence due to their past criminal record.
Ultimately, no matter what your criminal case entails, you need a defense attorney capable of addressing the unique details of your case. Your legal team can help you determine whether any procedural violations occurred in the initial stages of your case that would constitute grounds for case dismissal. If your case must proceed, your attorney will advise you of the best possible defenses you could employ in criminal court.
Potential Penalties for Conviction in California
The California Penal Code enforces specific penalties for a wide range of criminal offenses. The state also enforces a few unique criminal statutes that may come into play in your case, such as California’s Three Strikes Law. Under this statute, anyone convicted of three felonies faces an automatic sentence of 25 years to life in prison. Even at the misdemeanor level, the penalties for conviction on any criminal charge can carry severe penalties.
Many defendants convicted of criminal offenses in California will face fines plus penalty assessments assigned at the judge’s discretion in handling their sentencing. It’s likely that a criminal offense will lead to a heavy fine accompanied by various court costs and other additional penalties based on the unique details of the case. In addition, if the defendant harmed any victims through the illegal actions in question, they might owe restitution to the victim as part of their criminal sentence. Victims may also pursue personal injury claims against the defendant to recover damages.
Incarceration in county jail or state prison is another possible consequence of conviction for some offenses. For example, when a defendant is convicted of a misdemeanor that entails incarceration, they will likely serve their sentence in county jail, but a felony will lead to incarceration in a state prison.
Defending Yourself and Reducing Your Case Sentence
Your Tustin criminal defense attorney will help you understand your options for defense in your case. You may need to prove the prosecution’s evidence is circumstantial, inadmissible, or otherwise faulty in establishing guilt. You may need to cultivate an alibi with the help of your attorney, gathering statements from witnesses who can place you at another location when the incident in question occurred.
Self-defense can also come into play in violent crime cases, such as an assault or domestic violence dispute. If you can prove that you acted in self-defense and your accuser was the one who initiated the conflict in question, self-defense could prove to be a highly effective legal defense in your case.
Proving your innocence and avoiding a conviction for a crime you did not commit can be very challenging, but when you know you have committed a crime and fear the potential penalties you face upon conviction, your defense attorney can still prove to be an invaluable resource. In addition, some defendants may qualify for alternative or diversionary sentencing due to the unique details of their cases. For example, if you were arrested on a drug possession charge because you struggle with a substance abuse disorder, a Tustin criminal defense attorney could argue on your behalf in favor of rehab instead of jail.
Plea bargaining can also come into play when the prosecution has more than enough evidence to secure a conviction. If the defendant is a first-time offender and/or committed a nonviolent offense, the prosecution may offer a plea deal that exchanges a swift guilty plea for a lighter sentence. Some prosecutors may be willing to reduce a defendant’s charges. Your Tustin criminal defense attorney will help determine whether a plea agreement suits your best interests.
Contact a Tustin Criminal Defense Counsel Today
Time is crucial in any criminal case, and it is vital to work quickly to secure defense representation to have the best chance of reaching a positive outcome in your case. The Law Offices of Christopher J. McCann, APC, can provide the responsive and detail-oriented defense representation you need on your side to navigate your case successfully. To discuss your legal options with a reliable Tustin criminal defense attorney, contact us today and schedule your case review with our team.