Best Criminal Defense Lawyers in San Francisco

FAQs

• What is the non-emergency contact number for the local police station in San Francisco, California?

  The San Francisco Police Department can be reached at 415-553-0123.

• Where can I get a copy of police reports for incidents related to my case in San Francisco, California?

  You can obtain a police report from the San Francisco Police Department by visiting the Crime Information Services Unit/Records Management at 1245 Third Street, from Monday through Friday, 8 a.m. to 5 p.m. You can call (415) 575-7232 to check for the availability of your report.

• Can people facing marijuana DUI charges in San Francisco be defended?

  A criminal defense attorney can use many arguments to defend you against marijuana DUI charges. For example, your lawyer can say that there is no "per se" or set amount of cannabis in the blood that proves impairment. Additionally, the defense can argue that marijuana takes a long time to be flushed from the system, meaning that it can still be traced in the blood even after it's no longer affecting the body.

• What other legal options does a San Francisco criminal defense attorney have while a case is pending in trial court?

  While a case is still in trial, a criminal defense attorney in San Francisco can file a petition for writ with the Court of Appeal. Defense attorneys typically file petitions for writ when the trial court makes a decision that is prejudicial to the defendant. The petition requests that the Court of Appeal review the trial court's decision in order to protect the rights of the accused. The defense usually files this petition when there are discovery issues and search and seizure controversies.

• Does San Francisco have any law in place to help those who have been wrongfully arrested?

  Yes, it does. If you hire a criminal defense attorney in San Francisco, they can prepare a petition for you under the Consumer Arrest Record Equity (CARE) Act. Through this, they can help seal your public arrest record as long as you were not convicted of a crime. The CARE Act can help protect qualified individuals from unjust discrimination because of a public arrest record.

• Does a person who acted in self-defense and is now facing simple assault need a lawyer in San Francisco?

  Simple assault is still a misdemeanor, and if the case is mishandled, the defendant can face up to 6 months in jail and a fine of up to $1,000. Hiring a criminal defense attorney who knows how to handle cases like this can argue on the grounds of self-defense or the defense of others and use pieces of evidence to support this.

• How can criminal defense attorneys help with white-collar crimes in San Francisco?

  There are many ways that a San Francisco criminal defense attorney can help a person charged with a white-collar crime, but their skills are better utilized in cases like this when they are hired early. During the investigation, they may be able to keep the case from moving to the prosecution stage because a lot of what is considered white-collar crimes by a first-time offender did not know that what they were doing was illegal or came about as the result of accounting errors.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.