Criminal Defense
In our system of justice, prosecutors care little about justice or fairness, except perhaps in abstract terms. Instead, prosecutors are usually only interested in convictions. A good win-loss record is basically the only way to climb the corporate or political ladder. To reach this goal, prosecutors have almost limitless resources. That usually includes a hefty budget, a number of associate attorneys, a plethora of legal support workers, and an entire police force full of investigators.
On top of all this, a criminal case is also a very frightening time. Typically, a conviction means high fines, lengthy jail time, extended court supervision, or possibly all three. Additionally, many criminal cases have collateral consequences far beyond a courtroom. In some cases, these indirect punishments could be worse than the direct ones.
If you or a loved one is facing criminal charges, you need an advocate who understands all these things. That’s the kind of attorney you’ll find at the Law Office of Bassam Marjiya . Your defense is our top priority. We work hard to uncover all the facts and research the applicable law. Then, we leverage your defenses into a successful outcome during plea negotiations or at trial. Furthermore, we always keep the lines of communication open throughout the process. So, you are never in the dark and you can always come to us with your questions.
What Happens in a Criminal Case?
Typically, a California criminal case consists of pre-arrest events, the arrest, and the court prosecution. All are equally important in the criminal defense process and to criminal defense attorneys. Each step is an opportunity for a successful outcome. In many situations, if there is a significant breakdown in any area, an attorney can get the charges thrown out of court.
Most criminal cases begin with traffic stops. Generally, to pull over motorists, police officers must have reasonable suspicion of criminal activity. “Reasonable suspicion” is basically an evidence-based hunch. In several recent cases, such as 2014’s Heien v. North Carolina, the Supreme Court has watered down the reasonable suspicion rule. However, California officers must still have concrete facts. “S/he didn’t look right” is not a concrete fact.
DUI roadblocks are the biggest exception to the reasonable suspicion rule. In these situations, officers may detain motorists at a certain location according to a pre-set formula. Criminal activity does not matter. DUI checkpoints must meet very specific requirements.
The criminal activity does not need to be related to the arrest. For example, an officer can pull over a motorist for a burned-out taillight and, if the officer has probable cause to do so, arrest the motorist for DUI. Any reasonable suspicion of any criminal activity will do.
Next, as mentioned, officers must have probable cause to make an arrest. Neither California nor federal law explicitly defines “probable cause.” However, it is an evidentiary standard which is stronger than reasonable suspicion and weaker than beyond a reasonable doubt.
Let’s return to the DUI example. Typically, probable cause comes from either a chemical test that reveals a BAC above the legal limit and/or allegedly poor performance on the field sobriety tests.
If officers obtain search and arrest warrants, as they commonly do in drug cases, these warrants must be based on probable cause. Many times, these warrants depend, in large part, on the word of paid informants. This information is inherently suspect, and courts scrutinize it carefully.
Finally, when the case reaches a court, prosecutors must establish guilt beyond a reasonable doubt. California law defines this phrase as “proof that leaves you with an abiding conviction that the charge is true” and puts aside everything except “possible or imaginary doubt.” This is the highest burden of proof in the law. As a result, California juries find many defendants not guilty simply because of a lack of evidence.
What Types of Matters Do You Handle?
California prosecutors are very aggressive and they pursue almost any charges. So, at the Law Offices of Bassam Marjiya, we handle a wide range of criminal defense matters, including:
• DUI: In many jurisdictions, almost half the probationers were convicted of DUI. This offense carries some severe consequences in terms of fines and jail time. There are substantial indirect consequences as well, including drivers’ license suspension and much higher auto insurance rates.
• Drug Cases: In pretty much every area except for marijuana, California law mandates extremely stiff penalties for extremely small amounts of a controlled substance. In many cases, some form of pretrial diversion is available. Possible defenses include a lack of evidence and a failure to meet the legal requirements for “possession” of a controlled substance.
• Assault: Similarly, there are a number of defenses to assault, including self-defense, defense of others, and defense of property. Depending on the facts of the case and the alleged victim’s status, assault could be a felony or a misdemeanor.
• White Collar Crime: This umbrella term could include a wide range of financial crimes, such as embezzlement, fraud, and theft. Many times, a conviction could have severe long-term consequences, both personally and professionally. So, we aggressively defend these crimes and force prosecutors to prove every element of the offense beyond a reasonable doubt.
We also handle post-conviction situations, such as motions for early discharge from probation, criminal appeals, and record expungement matters.
Serious criminal charges require serious representation. For a free consultation with an experienced criminal defense attorney in Pasadena , contact the Law Offices of Bassam Marjiya.
We routinely handle matters in Los Angeles County and nearby jurisdictions.