Do You Have a Defense to Your Criminal Case in San Fernando Valley?
When it comes to criminal law, we’ve listed some of the more common ones here that will apply in some criminal cases. Not all of these defense are going to apply every time, obviously, and many of these defenses don’t come up a lot — believe it or not — when it comes to criminal defense.
Sometimes the defenses are as simply as “no I didn’t do that.” It doesn’t necessarily have to be self-defense or alibi or entrapment or any of the other defenses that we’ve listed here.
We of course have utilized these defenses having practiced criminal defense in the San Fernando Valley now for twenty-five years, but again, it has to be a situation where the defense is applicable based on the circumstances of the case.
Again, a lot of times what we see happening in criminal cases is the police are being given a certain set of facts either by an alleged victim or a certain witness or witnesses, and then based on that, they arrest the person, charge them with a crime by using the prosecutors to review everything and make a filing decision.
But if the police are not given all of the information or they’re not given accurate information, then a lot of times they’re filing cases incorrectly. Once the true facts come to light, that ends up being a defense in a case.
So, that’s not necessarily one of the defenses that are listed here in the overview or on this website, because the defense is, I didn’t do anything wrong. I may not have necessarily been defending myself, but the facts and how this alleged victim is claiming that things happened are just simply not true. Then you can bring your own witnesses to bear to be able to testify to the true facts and to defend the case.
Reviewing All The Specific Details With Our Attorneys
If you’re looking for a specific defense and you think a specific defense might apply to your case, I’ve got some videos here that are real specific regarding all of the defenses that we have listed here.
I’ve also got some case law and some real-life circumstances surrounding some of these defenses. And of course, the best way to flush out a defense in a criminal case is to go and sit down with our attorneys, go over all of the facts and details of your case, and then let the attorney see whether or not any of the specific defenses that you might think apply, actually do apply to your case.
Sometimes in real practice, once you try to utilize a defense, it’s really not appropriate because you don’t have all of the facts and details necessary to meet that defense. In other words, a lot of these defenses that are mentioned all have elements to them that you have to be able to prove.
So, if you can’t prove the elements, for example, of entrapment where you’ve got to show that the police basically entrapped you into committing a crime that you were never going to commit but for their actions, but you also can’t be predisposed.
In other words, if they can show, this person was going to commit the crime no matter what, the police just helped facilitate it. We see this all the time when we look at prostitution activities where someone ends up speaking with an undercover police officer who’s posing as a prostitute.
They end up getting arrested by the whole team of police officers who are waiting to nab people who are coming right to a specific area where there’s prostitution activity and have money in their pocket and really don’t have any other reason for being there but for the prostitution activity.
So, the prosecutors are going to be able to block this entrapment defense because they’re going to be able to say, this guy is predisposed. Why is he here? This is right where all the neighbors are complaining of prostitution activities.
That’s why we’re set up right here. He’s meeting with somebody who looks and talks like a prostitute. He’s got cash. So, sometimes the defenses are just simply not applicable in a particular case. That’s why you have to flush things out with your attorney. Sometimes pretrial motions can be very effective weapons in a criminal case.
Using The Right Defense Under The Circumstances
Alibi is another defense you have to be careful when you use this defense, because if you use it at the wrong time under the wrong circumstances, it can really undermine your entire case.
I’ve seen other less-seasoned attorneys try to use the alibi defense in a case, and then when they’re client is on the stand trying to meet the elements of the alibi defense, they end up saying something that makes it clear that they’re not telling the truth.
Not only does that ruin the alibi defense for them, a lot of times it basically ruins their case, and the jury says, if the person is lying about that then they’re probably guilty of the crime.
So, you have to be careful about using some of these defenses in criminal cases because if they’re really not applicable and you can’t meet the elements of a defense, then you end up doing a lot of damage too your case.
You’re probably going to end up getting convicted, and if you get convicted you’re going to end up serving jail or prison time or getting some sort of ramifications that you might have been able to avoid had you just worked something out through your attorney and not tried to assert a defense that really wasn’t appropriate to your case.
Every case is unique and our experienced criminal defense lawyers will need to closely review all the details. However, the most common defenses include the following:
- Illegal Search and Seizure
- Miranda Rights Violation
- Mistake of Fact
Consult With Our Criminal Defense Law Firm
This is why we sit down and go over everything and we talk about the specific defense that might apply to your case, and then we put the wheels in motion to prove that defense through investigation and hard work, or we can also sometimes rule out defenses that you might think apply to your case by looking at everything and making an informed decision about what we’re going to do regarding your defense. We specialize in cases in the Van Nuys Courthouse and the San Fernando Courthouse.