Your Rights When Accused:

The United States Constitution guarantees that persons accused of a crime are entitled to be represented by an attorney at all times and guarantees that persons accused do not have to incriminate themselves. The criminal justice system in California is an “adversary system”. In other words, law enforcement (which includes the police officers and the prosecutors) is trying to convict you and extract the most sever sentence they can. It is their job and the State of California has dedicated a tremendous amount of public resources to this task! The police have developed, over time, extremely significant interviewing and investigative techniques and they don’t have to tell you the truth. Remember that your only “friends” when you are being accused of a crime are you and your lawyer. Talk to a lawyer before you talk to the police.

Can I represent myself?
As mentioned previously, the criminal justice system in California is an “adversary system”. The prosecution is trying to convict you and extract the most sever sentence it can. Few judges will allow any person accused of a serious crime, or even a minor offense if it is anything other than an infraction, to represent him or her self. Even if the judge were to let you represent yourself, it’s probably not a good idea. A prosecutor’s job is to extract the greatest penalty. Judges and prosecutors are more likely to be straight with a person who knows the system and knows which deals are fair and which deals are overreaching.
What about the public defender?
Most public defenders know the system and know the law. A person accused of a crime may get “shuffled” by the public defender’s office – you may get one lawyer for arraignment, a different lawyer for pretrial, still a different lawyer for the preliminary hearing and finally a different lawyer for trial. The task of public defender’s office is to represent the most for the least. Each lawyer in the office is usually good at what he or she does, but a person will not get the personal attention that is available from private counsel. Usually, the public defender is not free – a client is still usually required to pay something. The best alternative for a person accused of a crime is to choose private counsel.
What do I look for in an attorney?
First and foremost, a defense attorney must be willing and able to “go to trial”. If an attorney is not able to prepare for and try your case, then you should look for another attorney. It is also important to retain a person who is able to accurately assess your risk if the case is tried and a person who is honest with you in assessing your case so that you can make informed choices about your case.


Contact:
Charles M. Farano Esq.
714-935-2400
24 hour toll free number: 888-349-6797

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