Best Criminal Defense Lawyers Sacramento, CA Of 2024 – Forbes Advisor – Technologist

A criminal defense attorney defends individuals or entities facing criminal charges. They handle a wide range of criminal cases, such as domestic violence, drug crimes, violent crimes, theft, fraud, embezzlement and sex crimes in various courts, including state, federal and appellate courts.

Criminal defense attorneys typically work with clients from the beginning of the investigation phase before charges are formally filed. They continue to advocate for their clients’ best interests throughout the arraignment, pre-trial hearings, trial and appeals process. The primary responsibility of a criminal defense lawyer is to ensure their client receives a fair trial, which is achieved by:

• Providing legal advice tailored to the specific charges their client faces
• Developing and implementing defense strategies to maximize the potential for favorable outcomes
• Negotiating with prosecutors to reduce charges and penalties, seek acquittals or have the case dismissed
• Investigating the facts of the case and ensuring that all legal protocols were adhered to during the proceedings
• Drafting and filing legal motions to exclude evidence obtained unlawfully
• Representing the client in court

Public Defenders vs. Private Criminal Attorneys

Public and private criminal defense attorneys serve as legal advocates for individuals facing criminal charges but differ in several key aspects.

Public defenders are court-appointed attorneys for defendants who cannot afford private counsel. They are government employees, funded by state or federal resources, and handle large volumes of cases. This high caseload can limit the time they allocate to each individual case.

On the other hand, private criminal attorneys are retained and paid directly by their clients. Because they manage their caseloads independently, private attorneys often have more time and resources to dedicate to each case. This allows them to prepare each case more thoroughly, hire expert witnesses and conduct extensive investigations.

In California, the right to a public defender is granted if the accused faces a charge that could result in jail time or imprisonment. For infractions such as speeding tickets or noise complaints, which typically only carry fines, there generally is no right to a court-appointed attorney unless the accused is arrested and not released. Once a criminal case begins and the potential for incarceration exists, defendants who cannot afford an attorney are entitled to one by the court. The Sixth Amendment of the U.S. Constitution safeguards this right to legal representation.

However, defendants represented by public defenders are not free to choose their counsel. If a defendant is dissatisfied with their court-appointed attorney, they do not have the right to request a different public defender.

Should You Represent Yourself In a Criminal Case?

Most individual defendants have the right to represent themselves in criminal proceedings. This is known as pro se representation. However, it is generally not advisable to represent yourself. While representing yourself may seem appealing due to potential cost savings and the belief that you understand your case better than anyone else, the risks usually outweigh the benefits, especially when your freedom is at stake.

Most individuals facing criminal charges lack legal education, familiarity with litigation practices and procedures and courtroom experience. This puts them at a significant disadvantage, as they may find it challenging to anticipate legal issues, make strategic legal decisions or even adhere to basic courtroom protocols.

Further, most defendants are not skilled in drafting or filing pretrial motions nor possess refined argumentation skills critical in court, which come with training and practice for attorneys. Defendants may also be unable to view the case objectively, which can hinder rational decision making. In contrast, lawyers are trained to analyze cases from multiple perspectives to devise the best strategy and arguments. Thus, although you have the right to do it, representing yourself in a criminal case is rarely recommended due to these considerable challenges and risks.