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Criminal Defense

Criminal Defense2020-10-24T09:26:14+00:00

Criminal Law Attorneys in the San Diego, CA, area

A criminal conviction may adversely affect many aspects of your life, including your educational opportunities, your employment prospects, and your personal and professional reputation. If you have been charged with a crime, it is important to reach out to a skilled San Diego criminal defense lawyer who can help you protect your rights. With over 30 years of experience in this area of the law, Attorney Roseline D. Feral understands that the stakes are high and is familiar with the complicated issues that may arise. She is committed to aggressively advocating for people who find themselves in the criminal justice system. Roseline D. Feral can assist defendants who need a DUI attorney or representation in a broad range of other criminal matters, such as those related to drug offenses, violent crimes, theft, sex offenses, domestic violence, and white-collar crimes.

The Importance of Building a Strong Criminal Defense

Criminal offenses may be classified in one of three ways in California: infractions, misdemeanors, and felonies. Infractions are traffic violations and are punishable by a maximum of a $250 fine. Infractions do not subject an individual to any jail time. A misdemeanor is more serious than an infraction but less serious than a felony in terms of the potential consequences. For a misdemeanor offense, you may be imprisoned for up to one year and face a fine of up to $2,000. Felonies are the most serious offenses. If you are convicted of a felony, you could face more than a year in jail and massive fines as well.

If you are being taken into custody based on a criminal charge, you must be read your Miranda rights prior to being interrogated. Miranda rights include the right to remain silent and the right to have an attorney present during your interrogation, both of which are important to exercise for anyone who is facing prosecution.

In all criminal cases, a defendant is presumed to be innocent until and unless the prosecution is able to prove that they are guilty of the offense charged without a reasonable doubt. The prosecution must establish each element of the crime beyond a reasonable doubt. The “reasonable doubt” standard is the highest evidentiary standard in the U.S. legal system. As a result, there may be many ways to challenge the prosecution’s version of events, such as by undermining the credibility of its witnesses, presenting alibi evidence, or arguing that the defendant lacked the necessary intent to commit the crime.

When you are facing a criminal charge, it is essential to explore every possible defense that may be relevant to your case. For example, self-defense may be an appropriate defense to raise if you have been charged with domestic violence or another type of assault. Constitutional protections regarding searches and seizures may help you get certain evidence excluded from the court’s consideration in a drug prosecution. A skilled criminal lawyer can help you determine which strategies to pursue and craft persuasive arguments on your behalf.

Retain an Experienced Criminal Defense Lawyer in the San Diego Area

People who believe that they may be suspected of a crime should not hesitate to enlist knowledgeable legal counsel, even if they have not yet been charged. San Diego criminal defense attorney Roseline D. Feral is ready to investigate the details of your situation and assure that your rights are fully protected. She also represents defendants who need a drug crime attorney or representation in any other criminal matter in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other Southern California cities. To set up a free and confidential consultation, call our office at 619-232-1010 or contact us online. You can also reach Roseline D. Feral directly at 619-301-1191.

Drug Offenses2020-10-24T09:15:23+00:00

Criminal Defense Lawyer Vigorously Advocating for San Diego Residents

If you have been arrested for or charged with a drug offense, it is vital to reach out to a skilled San Diego drug crime attorney sooner rather than later. A drug crime conviction may adversely affect your employment, your finances, and your reputation. Roseline D. Feral has compiled nearly three decades of experience as a criminal defense lawyer. She can help you understand your rights and guide you through every step of the legal process, using her knowledge of the justice system’s complexities and the nuanced issues that may arise in drug cases.

Protecting Your Rights When Facing Prosecution for a Drug Crime

Drug offenses range in severity from misdemeanors like possession of marijuana to felonies like drug trafficking and the sale of narcotics. Sentences and fines also vary according to the severity of the charge. Our firm can defend Southern California residents against all types of drug charges, including:

  1. Drug possession
  2. Possession with intent to sell
  3. Possession of drug paraphernalia
  4. Drug distribution
  5. Marijuana cultivation
  6. Operation of a meth lab
  7. Drug trafficking
  8. Drug manufacturing

Searches and the collection of evidence, such as the allegedly illegal substances themselves, often play a key role in drug cases. If your arrest stemmed from an unlawful search of your car or home, for example, your criminal attorney may be able to file a motion for the suppression of evidence, which might lead to a dismissal or reduction of the charge. This is based on a principle known as the “exclusionary rule.”

Under the Fourth Amendment to the U.S. Constitution, as well as California law, people have a right to be free from unreasonable searches and seizures by the police. This means that your home, vehicle, and person, as well as any other area where a citizen would have a “reasonable expectation of privacy,” may not be searched without probable cause to believe that criminal activity is occurring and a valid search warrant issued by a judge. There are certain exceptions to the warrant requirement that are recognized by both federal and California courts. For example, evidence obtained during a warrantless search may be admissible if the search was conducted with an individual’s voluntary consent, assuming that they had the authority to give consent, or if the evidence was in “plain view” of the police while they were conducting an otherwise lawful search.

There are also other legal defenses that may be relevant to your case, such as lack of ownership or possession of the substance, personal use, necessity or the defense of others, and entrapment. Only after a lawyer has meticulously examined the circumstances of your arrest or charge will they be able to determine which of these defenses may be appropriate to assert.

Consult a Drug Crime Attorney in San Diego or Surrounding Cities

A drug conviction may have serious consequences for your life, even if the charge is relatively minor or you have no criminal record. You can trust that San Diego drug crime lawyer Roseline D. Feral will carefully investigate the facts of your case and explore your full range of options. She can represent defendants in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. You can contact us online or call our office at 619-232-1010 to set up an appointment. Alternatively, you may reach Attorney Feral directly at 619-301-1191. She also can assist people who are seeking a DUI lawyer or assistance in fighting other types of charges.

DUI2020-10-24T09:14:28+00:00

Drunk Driving Attorney Serving the San Diego Area

A DUI or drunk driving conviction may lead to serious and long-term consequences, such as a social stigma, costly fines, the loss of driving privileges, and even jail time in some cases. If you have been arrested or charged with drunk driving, you should contact a San Diego DUI lawyer as soon as possible to explore your options. With nearly 30 years of experience as a criminal defense attorney, Roseline D. Feral can vigorously represent you against the prosecution and seek to get the charges dropped or reduced.

Fighting a DUI Charge

DUI (driving under the influence) does not only refer to intoxication by alcohol. Any drug or substance that impairs your ability to drive may form the basis of a DUI charge, such as illegal drugs, legal prescription drugs, and even potentially legal over-the-counter drugs.

When it comes to alcohol, however, the offense of DUI in California may be charged when your blood alcohol content (BAC) is over the legal limit. The limit may be broken down into four categories:

  • BAC of .08 percent or higher for individuals who are 21 years of age or older and have a regular driver’s license with no other restrictions.
  • BAC of .04 percent or higher for individuals who have a commercial driver’s license, irrespective of the vehicle that the individual was driving at the time.
  • BAC of .04 percent or higher if the individual is currently on DUI probation for a previous charge.
  • BAC of .01 for individuals who are under the age of 21.

It is important to note that for drivers under the age of 21, California has a “no tolerance” policy.

Under California law, a driver who refuses to take a chemical test will automatically be subjected to a fine, enhanced penalties, and a license suspension. A chemical test may be a blood test, a breath test, or a urine test. A person may request the type that they prefer, but if it is not available at that time, the person must take the test that is available. Any license suspension penalties will vary based on whether the driver is 21 years of age or older, as well as whether this is a first-time or repeat DUI.

Drunk driving penalties are set forth by statute and vary depending on your age, your license type, and whether it is your first, second, third, or fourth or subsequent offense. You may face a license suspension, a criminal license suspension, monetary fines, jail time or community service, DUI School, and the installation of an ignition interlock device in your vehicle. Furthermore, your insurance rates may be adversely affected by a conviction.

Discuss Your DUI Case with a San Diego Lawyer

If you have been arrested or charged with drunk driving, you should not hesitate to consult experienced San Diego DUI attorney Roseline D. Feral. She gives each case the attention and time that it deserves, carefully building a strategy to minimize the consequences for her clients. She can represent drivers in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other Southern California cities. You can call our office at 619-232-1010 or contact us online To set up a consultation, or you can contact Attorney Feral directly at 619-301-1191. Roseline D. Feral also represents people who need a restraining order attorney or representation in a wide range of other criminal and family law matters.

Homicide2020-10-24T09:13:25+00:00

San Diego Attorney Representing People Charged with Violent Crimes

A homicide conviction can destroy your life and undermine the lives of your loved ones. In fact, your employment, housing, and personal reputation can all be adversely affected when you face such charges, even if you are not guilty. If you have been charged with this crime, you need a San Diego homicide defense lawyer on your side. We understand how high the stakes are, and we will diligently protect your rights at every step of the way. Homicide cases are complex, often more so than cases involving assault or other violent crimes, and having the right attorney on your side can make a difference in whether you are able to move on successfully with your life.

Constructing a Defense to a Homicide Charge

Homicide is an umbrella term that covers all situations in which one person takes the life of another person. Under California Penal Code 187, the legal definition of homicide is the “unlawful taking of a human life by another with malice aforethought.” Malice aforethought exists when there is an intention to kill another person, or the defendant’s actions manifest a reckless disregard for human life. The intention to kill can be express (such as pulling a trigger) or implied (such as threatening to kill someone).

California recognizes first-degree murder, second-degree murder, and felony murder. First-degree murder is reserved for especially heinous crimes that generally show a “willful, deliberate, and premeditated” intent to kill. There are a few types of murder cases, however, in which the prosecutor can charge a defendant with first-degree murder without needing to prove that the murder was “willful, deliberate, and premeditated.” For example, this proof is not required when the killing is committed with an explosive device, weapon of mass destruction, or poison.

Second-degree murder does not involve premeditation, but it does involve malice aforethought. In other words, second-degree murder is any willful unlawful killing that is not deliberate and premeditated, so it cannot be classified as first-degree murder. A homicide defense attorney can explain to San Diego residents the difference between first-degree and second-degree murder in greater detail.

California’s felony murder rule makes a person and his or her accomplices guilty of murder if someone dies during the commission of certain specified felonies. For example, if a person runs over and kills a pedestrian while committing the felony of grand theft auto, that person would likely be charged with felony murder. The felony murder rule applies even if the death is inadvertent. Felonies that can trigger the rule include:

  • Arson
  • Burglary
  • Robbery
  • Kidnapping
  • Car-jacking
  • Train-wrecking
  • Mayhem
  • Torture
  • Certain sex crimes

Just because you have been charged with homicide does not mean that you are guilty. Homicide can be lawful or unlawful, depending on the circumstances. There may be a number of defenses that may be applicable in your case, and a San Diego homicide defense attorney can help you explore them. For example, it may be lawful in certain cases to use self-defense if you were not the aggressor in a situation involving lethal force. If a jury determines that a homicide was lawful, the defendant will be found not guilty.

Other California defenses that may be applicable in any given case include insanity, defense of others, an argument that the death was accidental, constitutional violations by the police or prosecutors, or an alibi that shows that the defendant could not have committed the crime because they were somewhere else at the time. We can look into the facts of your case and determine which defenses might apply.

Retain a Knowledgeable Homicide Defense Lawyer in the San Diego Area

Homicide is arguably the most serious criminal charge that a person can face. If you or someone close to you has been charged with this offense, it is important to hire a knowledgeable criminal attorney who understands this area of the law. With nearly 30 years of experience, Roseline D. Feral can provide skilled and personalized representation to defendants in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. You can contact us online or call us at 619-232-1010. You can also reach Attorney Feral directly at 619-301-1191. We also represent people facing charges of domestic violence or other violent crimes.

Sex Offenses2020-10-24T09:12:06+00:00

Knowledgeable Criminal Defense Lawyer Advocating for San Diego Residents

Unwarranted allegations of a sex crime may seriously harm your personal and professional reputation. If you are being investigated for a sex offense, even if you have not been charged, it is important to act quickly. With over 30 years of experience, Roseline D. Feral is a seasoned San Diego sex crime attorney who understands the nuances of these cases and can build a strategy designed to minimize the consequences for you. People who are facing charges or the possibility of prosecution need to enlist a criminal defense attorney who knows all of the options that may be at their disposal.

Fighting Charges of Sex Offenses

Sex offenses include a variety of crimes. Some of the most common examples are rape, statutory rape, date rape, lewd conduct, prostitution, sexual harassment, sexual assault, child molestation, and child pornography. While some of these crimes are misdemeanors, others are serious felonies. A sex crime conviction typically results in being ordered to register as a sex offender each year for the rest of your life. In addition to the inconvenience and embarrassment associated with this requirement, it may greatly affect your ability to live in certain neighborhoods and work in certain places.

In any criminal case, the government has the burden to prove that the defendant is guilty beyond a reasonable doubt. A defendant must be presumed innocent until the government meets its burden of proof. When deciding whether the government has proved their case beyond a reasonable doubt, all of the evidence that was presented throughout the trial must be considered. If the government does not meet its burden, the defendant is entitled to an acquittal.

Under the Fifth Amendment to the U.S. Constitution, a defendant also has the right to remain silent if they choose. This is known as the privilege against self-incrimination. The prosecutor may not compel the defendant to be a witness, nor may a judge or defense attorney force the defendant to testify in a criminal case.

In addition to asserting other constitutional protections, a defendant may be able to defeat charges of a sex crime by attacking the prosecution’s ability to prove any element of the underlying offense. For example, a sex crime attorney in San Diego may be able to challenge the credibility of a witness for the prosecution during cross-examination. Also, they may be able to piece together evidence and statements from defense witnesses to show that the defendant has a strong alibi, meaning that they were not in the place where the crime was committed at the time that it was committed.

Consult a San Diego Attorney for a Sex Crime Charge

A sex crime conviction unfortunately may have lasting consequences for your future. If you have been charged with rape, sexual assault, prostitution, or a similar offense, you need an experienced San Diego sex crime lawyer on your side. At the Law Offices of Roseline D. Feral, we can advocate for your rights at every step of the way. We also represent people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, El Cajon, La Mesa, Bonita, National City, Valley Center, and Vista, as well as other Southern California cities. To discuss your case in more detail, you can contact us online or call our office at 619-232-1010. Alternatively, you may contact Attorney Feral directly at 619-301-1191. She also can help people who need a theft attorney or assistance in fighting another type of charge.

Theft Offenses2020-10-24T09:11:09+00:00

Experienced Criminal Defense Lawyer Representing Residents of San Diego

A conviction for any type of theft offense may have long-term and serious consequences for your life. If you have been arrested for or charged with theft, obtaining the help of a skilled criminal defense lawyer may make a critical difference in your case. With over 30 years of experience, San Diego theft lawyer Roseline D. Feral has the skill and dedication to handle your case. She can probe the prosecution’s case for any weaknesses that she can exploit and also gather evidence to convincingly show what happened.

Understanding Theft Offenses

Theft is the unlawful taking of something (tangible or intangible) with the intent to steal. These crimes vary greatly in degrees of severity, some being charged as misdemeanors and others as felonies. Some common types of theft charges include:

  • Petty theft, which applies to thefts of property worth $950 or less
  • Grand theft, which applies to thefts of property worth over $950, such as the theft of automobiles or firearms
  • Receiving stolen property
  • Embezzlement
  • Shoplifting
  • Robbery
  • Carjacking
  • Commercial burglary
  • Check fraud

If you have been charged with one of these crimes in San Diego, an experienced theft attorney can examine the facts of the case to determine whether you may benefit from asserting a defense. For example, you may be able to argue that you were the owner of the item in question or had rightful possession of it at the time. The owner also may have consented to give you possession of the item, or you may have lacked the specific intent to steal it, such as if you were intoxicated. In other cases, law enforcement may have encouraged you to commit a crime that you would not have otherwise committed, possibly resulting in an entrapment defense. If you invoke a defense, the jury must consider that defense in view of all of the facts presented. The prosecution must show beyond a reasonable doubt that the defense is not applicable.

In some cases, the evidence gathered in a theft case may be challenged and may be deemed inadmissible if it was obtained through a violation of an individual’s Fourth Amendment right to be secure in their person, home, papers, and effects against unreasonable searches and seizures by law enforcement. In other words, police typically cannot search your belongings or you without having a valid search warrant or probable cause. Whether the police acted within the parameters of the law is often an issue that is contested throughout the proceedings.

Other constitutional rights like the Sixth Amendment right to counsel apply to defendants who have been charged with theft or other crimes. The right to counsel takes effect at the time of the arraignment and extends through trial.

Discuss Your Situation with a Theft Attorney in San Diego

If you have been charged with a theft crime, you should consult a seasoned San Diego theft lawyer as soon as possible. At the Law Offices of Roseline D. Feral, we are committed to helping you understand and protect your rights. We proudly represent residents of Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, as well as other Southern California cities. You can contact us online or call our office at 619-232-1010 to set up an appointment. You also may contact Attorney Feral at 619-301-1191. In addition to fighting theft charges, we can assist people who are seeking a DUI lawyer or guidance in another type of criminal proceeding.

Violent Crimes2020-10-24T09:10:01+00:00

Defense Attorney Protecting the Rights of People in San Diego and Surrounding Cities

A conviction for any type of violent crime may have long-lasting negative consequences for your life. If you have been charged with this type of offense, it is important that you reach out to an experienced criminal defense attorney who can represent you in your case. With nearly 30 years of experience, San Diego violent crime lawyer Roseline D. Feral can help you understand your rights and advocate for you at every step of the way. The stakes are generally high in these types of cases, and having the right lawyer on your side can make a difference in whether you are able to have your side of the story heard and get the charges dropped or reduced.

Facing Charges of Violent Crimes in Southern California

A violent crime is a crime in which one person uses or threatens force toward another person. There are a number of offenses that are classified in this category, such as:

  • Assault and battery
  • Aggravated assault
  • Assault with a deadly weapon
  • Armed robbery
  • Murder
  • Domestic violence
  • Rape
  • Arson
  • Manslaughter
  • Child abuse

Criminal defendants have many valuable constitutional rights that they may assert at various stages in the process. The presumption of innocence is one of these rights. This means that a defendant is innocent until proven guilty beyond a reasonable doubt by the prosecution. The jury may not return a guilty verdict unless they are convinced that every element of the criminal charge has been established by proof beyond a reasonable doubt. This means that a skilled violent crime attorney often can help San Diego residents challenge the prosecution’s case by using multiple strategies.

Criminal defendants also have a right to remain silent and avoid self-incrimination. The Fifth Amendment to the U.S. Constitution provides that a defendant cannot be “compelled in any criminal case to be a witness against himself.” If a defendant chooses not to testify at trial, for example, the prosecutor may not call the defendant as a witness, nor may the judge force the defendant to take the stand. A defendant’s silence during and after their arrest or during their trial may not be used against them by the prosecutor.

In handling your case, we will explore all of the possible defenses that may be appropriate. For example, depending on the circumstances giving rise to the charge, we may be able to argue that you were acting in self-defense or that your actions were a result of a provocation. Whether or not a specific defense may be applicable in your case will only become clear after we thoroughly investigate what happened in the incident in question.

Contact a Violent Crime Lawyer in the San Diego Area

If you have been charged with a violent crime, you need to speak to an experienced criminal defense lawyer as soon as possible. At the Law Offices of Roseline D. Feral, we have a thorough understanding of the various tactics that may be used to defeat or undermine charges, and we can explore the full scope of your options with you. San Diego violent crime attorney Roseline D. Feral also represents people in Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other Southern California cities. You can contact us online or call our office at 619-232-1010 to set up an appointment, or you can reach Attorney Feral directly at 619-301-1191. We can also help people who need a theft attorney or assistance in fighting charges of drug crimes, DUI, sex offenses, or white collar crimes.

White Collar Crimes2020-10-24T09:09:09+00:00

San Diego Attorney Protecting Your Rights Against the Prosecution

Being charged or convicted of a white collar crime may have a far-reaching impact on your personal and professional reputation. If you have been charged with this type of offense, you need to seek the help of a reputable criminal defense attorney. With over 30 years of experience, San Diego white collar crime lawyer Roseline D. Feral can investigate the facts of your situation and determine any potential defenses that may be applicable in your case.

Understanding White Collar Crime Charges

White collar crimes are generally defined as financially motivated, nonviolent crimes that are committed by business professionals or government officials. Put another way, they are criminal acts that are committed in the regular course of business for economic gain. We can defend Southern California residents who have been charged with offenses such as:

  • Fraud (for example, credit card fraud, mortgage fraud, or insurance fraud)
  • Embezzlement
  • Extortion
  • Forgery
  • Insider trading
  • Bribery
  • Conspiracy
  • Income tax evasion
  • Counterfeiting
  • Ponzi schemes

In any criminal case, the government has the burden of proving that the defendant is guilty of the alleged crime beyond a reasonable doubt. The criminal justice system does not require a defendant to prove their innocence. This is the highest standard in the American legal system, since a person’s liberty is at stake. Roseline D. Feral, as a dedicated white collar crime attorney, can assist San Diego residents charged with these offenses in attacking the prosecution’s case in any manner that is appropriate.

While each situation is different, in some white collar crime cases, an entrapment defense may be appropriate. This requires establishing that government agents or an employer persuaded you or even forced you to commit the crime in question. If successful, this defense may be able to help you avoid a conviction and its negative consequences, such as a criminal record on background checks.

In other instances, you may be able to argue that you did not have the necessary intent to commit the crime or that another element of the charge has not been met. Many of these offenses have very technical, complicated definitions, and in some instances a defendant may be able to avoid liability if they can show that they acted carelessly rather than intentionally.

Discuss Your Options with a White Collar Crime Lawyer in San Diego

If you have been charged with a white collar crime, it is important to contact a San Diego white collar crime attorney as soon as possible. At the Law Offices of Roseline D. Feral, you can rest assured that we will protect your rights to the fullest extent of the law. Our firm can give your legal matter the attention and care that it deserves. We also assist defendants in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To set up an appointment, you can contact us online or call our office at 619-232-1010 , or you can contact Attorney Feral directly at 619-301-1191. We also are available to assist people who are seeking a theft attorney or representation in fighting charges of DUI, drug crimes, violent crimes, or sex offenses.

Frequently Asked Criminal Defense Questions

If I am pulled over for drunk driving, can I refuse to take a chemical test?2020-10-24T09:23:54+00:00

Refusing to take a chemical test in California will result in an automatic one-year suspension of your license and may also result in a jail sentence. This is because California has an implied consent law, under which it is implied that driver’s license holders have given their consent to submit to a chemical test to measure their blood alcohol content upon being arrested under suspicion of a DUI.

Can I be arrested without a warrant?2020-10-24T09:23:18+00:00

While a warrant is often required to make an arrest, in certain situations, you may be arrested without a warrant. For example, if a police officer sees you committing an assault, that officer would be able to arrest you immediately. If you are arrested, however, you should not speak to the police. Instead, you should ask to speak with a lawyer.

Are police required to read me my Miranda Rights if I am arrested?2020-10-24T09:20:16+00:00

You have certain constitutional rights that police and law enforcement must honor. However, police are not legally required to “read your rights” at the time of an arrest. The rule is that Miranda warnings are required if you are being questioned in police custody. “Custody” in such cases is not limited to physical lock-ups at police headquarters but also applies to situations in which a reasonable person would conclude that they were not free to leave. If police neglect to read you your Miranda rights, any evidence obtained in contravention of your rights cannot be used against you in court.

If police want to search my house or car, am I required to let them do so?2020-10-24T09:19:28+00:00

Under the Fourth Amendment of the U.S. Constitution, as well as California law, citizens have the right to be free from unreasonable searches and seizures by the police. Although there are some exceptions, this means that police usually cannot search an individual’s house, car, or person without probable cause or a valid search warrant. If police search any of these places illegally, the evidence that they took during the search, such as evidence of drugs, will most likely be excluded from trial.

What is the role of the prosecutor in a criminal case?2020-10-24T09:18:55+00:00

The prosecutor is the attorney who represents the federal or state government in a case against a criminal defendant. Typically, the prosecution pursues charges only if they believe that they have enough evidence to back them up. As a result, if your attorney can convince the prosecutor that there is not enough evidence in a particular case, the case will be dropped or another, lesser charge might be considered.

What does it mean to be “innocent until proven guilty”?2020-10-24T09:18:15+00:00

The presumption of innocence is a cornerstone of the American legal system. In all criminal cases, a defendant is presumed to be innocent until and unless the prosecution proves every element of the crime beyond a reasonable doubt. The “reasonable doubt” standard is the highest standard in the legal system. It is used in criminal cases because the stakes are so high with a person’s liberty being at issue.

Discuss Your Questions and Concerns in Detail With a San Diego Lawyer

If you have been arrested for or charged with a crime, a knowledgeable defense attorney can help you understand your rights. We understand that you may not know what to do after being charged with a crime, but you do not need to go through the process alone. You can rest assured that we will work diligently to obtain a favorable outcome in your case. We represent people in San Diego, Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista, among other Southern California cities. For more information, call us at 619-232-1010, contact us through our website, or reach Attorney Feral at 619-301-1191.

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