“How often does that happen? Where the District Attorney and the defense counsel, private counsel or public defender, they have a deal and then it is thrown out, changed, dramatically at times, by the Judge?”
“Generally, my experience is that is very unusual. In Alameda County, I’ve had only one case. My client had been in state prison. He had a prior strike. He had just gotten out of prison after 13 years. He was about 47 or 48, so he was middle-aged, and he was basically thinking ‘I’ve spent more than half my time in jail, and I’m not doing this anymore. I going to grow up’. So he comes out, fully committed to doing the right thing, and literally there was a person with some mental health issues who accused him of grabbing her newspaper and beating her with a newspaper. So the District Attorney took the case from the police, and charged it as an assault with a deadly weapon.”
“The newspaper?”
“The newspaper. And I actually did some investigation and spoke with a couple of her neighbors who basically said, ‘she’s just a loose nut, and she just went off and wanted to mess him up’. Without probably being fully conscious of what she was doing. Her world was fuzzy. Lacked the clarity. So when we worked out a deal, it was an eight-month deal, and he was going to get a paper commitment. He would have had four and a half months in-custody.
We went before the Judge who felt because of his prior history, and that it sounded like an awful case with a deadly weapon, that he wanted to undo the deal. That he wanted to give him state prison. I stood in front of that Judge and argued for 25-30 minutes before he finally said, ‘well, okay. I’ll give you a six-month deal if he waives his credits’. So, my client said, ‘I don’t want to take a chance that I have to go to trial, I’ll take it’. So, he waived his four and a half months, did another three additional months and was out. But the Judge messed up his deal. For us to get the Judge to back down, I felt was good, but I was disappointed that we even had to be there.”
If you’ve been charged with a crime, one of the things that you should think of is what type of defenses are available to you. There are different types of legal defenses available in criminal law, and the type of criminal defense applicable to you and your case will depend on your situation.
Criminal defense law consists of all the legal protections given to individuals who have been accused of committing a crime. In criminal court, the prosecutor must meet the burden of proof – that is, the responsibility of proving their allegations against the accused.
The police and prosecutors have plenty of resources at their disposal to go after someone and charge them with a crime. To balance the power within the justice system, certain protections are in place for the accused. These, and the skills and experience of a defense attorney will dictate how a defendant will be treated in criminal litigation.
An experienced criminal defense attorney knows how to use constitutional laws for the benefit of their client. For instance, criminal prosecution is based upon the evidence gathered by law enforcers. This evidence can be in the form of physical evidence. This will usually consist of objects found in a crime scene, like a possible weapon, tire marks, shoe print, or even tiny pieces of fabric.
Common Defenses in a Criminal Case
There are many common defenses to criminal charges. You may argue that there are inconsistencies in the prosecution’s case against you, that the evidence gathered violated your constitutional rights, or that you had a justifiable reason for committing the crime. Below are some common primary criminal law defenses.
Alibi
The defendant didn’t commit the crime you were charged for. The defense can provide an alibi proving you weren’t at the scene when the crime occurred, or present evidence and witnesses that can counter the prosecution’s case.
Self-Defense
The defendant admits to using force. However, the defense argues that it’s justified since it was done in self-defense due to the violent and threatening actions of the other party.
Insanity Defense
The defendant may plead insanity to avoid being punished, since a criminal punishment is only justified if the offender has full control over their actions and understand that what they did was wrong.
Under Influence
In certain circumstances, a defendant may commit crimes under the influence of alcohol and drugs. This can be used as a criminal defense as if it affects the defendant’s mental functioning to the point where they cannot be held accountable for their actions.
Entrapment
If law enforcement officers caused the defendant to commit a crime that they wouldn’t have otherwise committed, then it’s considered entrapment and be used as a defense in criminal court.
Innocence
Claiming innocence is one of the most basic defenses to criminal liability. You must remember that the prosecution has to prove the crime filed against you beyond a reasonable doubt. If you’re innocent, you don’t have to prove anything, but you can provide documents, testimonies, or evidence that will support the claim that you’re innocent.
Constitutional Violation
A constitutional violation is a type of criminal defense used if the evidence collected by the prosecution was gathered in a manner that violated your constitutional rights. This can include the illegal search, entry, or seizure of your house, car, clothing, etc. Failing to obtain an entry warrant, getting an improper confession, or failing to read to you your “Miranda Rights” at the time of your arrest are also constitutional violations that could lead to suppression of evidence against you or the total dismissal of the case.
Defense of Others
Similar to self-defense, you can use this type of defense if you have used a justifiable amount of force or violence to protect others who are being threatened or are in danger.
Other types of criminal defenses include defense of property, necessity, involuntary/voluntary intoxication, mistake of law, coercion, abandonment, and the statute of limitations.
If you’re accused a crime in California, it can be difficult to know where to start. That’s why you need an experienced defense attorney on your side when you face your charges. With over 20 years of experience successfully defending clients in California, Andrew Dósa understands the unique challenges of criminal defense in Alameda, CA and other areas in California.
