Best Criminal Defense Lawyers in San Marcos, CA

FAQs

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

  You can contact (760) 510-5200 for non-emergency situations in San Marcos, California.

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

  In San Marcos, California, you can obtain a copy of a police report by contacting (760) 744-1050 or submitting an email to cityclerk@san-marcos.net. You can also make an online request through the City of San Marcos Public Records Request Portal.

• What is the criminal statute of limitations in San Marcos?

  In San Marcos, felonies have a three-year statute of limitations, whereas misdemeanor charges have a one-year statute of limitations. There is no time limit for offenses punishable by death or life in prison. First-degree murder, rape, treason, and aggravated sexual assault on a minor are among these cases. If no statute of limitations exists, the prosecutor can charge the person at any time.

• What is the counterpart of a criminal defense attorney in San Marcos?

  The opposite of a San Marcos criminal defense attorney is the prosecutor.  Prosecutors are in charge of representing the government in criminal proceedings. They must show evidence to prove beyond a reasonable doubt that the defendant is guilty. Criminal defense attorneys, on the other hand, represent the person who has been charged with a crime. Their role is to argue that there is not enough evidence to prove guilt beyond a reasonable doubt.

• What are the different subcategories of criminal lawyers in San Marcos?

  Public defenders, private attorneys, panel lawyers, legal aids, and district lawyers are the various subcategories of criminal attorneys in San Marcos. Public defenders help those who cannot afford criminal defense counsel. They provide legal representation and guidance in low-quality cases. Panel attorneys are members of the government's private defense lawyer committee. Non-profit organizations employ legal aids to represent indigent defendants in court. In more serious cases, the government employs district attorneys to prosecute the defendant.

• What are common defense tactics criminal defense lawyers use in San Marcos?

  Criminal defense lawyers in San Marcos use defenses like innocence, self-defense, insanity, and violations of the Constitution. A breach of the Constitution results in the charges being dropped entirely or in the prosecution agreeing to a specific plea deal for a less serious penalty. Extreme risk or danger must be present for the defendant to be justified in using excessive or lethal force. An insanity defense requires the lawyer to show that the defendant was unable to distinguish between right and wrong while committing the offense.

• What are prevalent violent crime charges San Marcos criminal defense attorneys deal with?

  In San Marcos, criminal defense attorneys handle cases for clients with violent charges, such as arson, homicide, kidnapping, domestic violence, and battery. They also deal with cases involving rape, robbery, burglary, and assault crimes. Most of these offenses have harsh penalties, including life in prison. Less serious offenses may result in probation, fines, or shorter prison terms.

• 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.