Criminal Defense Lawyer, DUI Attorney, Oceanside

Below is a list of some of the criminal law defenses and procedures that may be used to mitigate or defend your case. This is not a complete list but gives you a rough idea of some of the defenses available which I would consider depending on the nature of your case.

1. The Law of Reasonable Doubt will be used to defend your case; furthermore, there are other jury instructions like direct and circumstantial evidence that may assist you further.
2. An Attack on the elements of the case, including specific intent, causation or the identification of the client.
3. There may be other mental defenses as well.
4. In terms of justification or excuses, self-defense or defense of another person should be considered – especially in violence cases. This includes defending a person within their home or on their property.
5. Accident or misfortune is also a liable defense
6. The heat of passion can be used as well as a help excuse on a homicide case.
7. There are other defenses including imperfect self-defense that should be used and considered.
8. Moreover there are lessor included offenses that should be considered for many cases. My firm subscribes to a service called Forecite which provides us with defense based and focused instructions that help establish those defenses to protect your rights.
9. There are other defenses that may be considered including unconsciousness, alibi identification, the lack of possession or intent to possess, or simple transitory possession or the lack of a usable amount of a controlled substance, consent (for example in a sex case).
10. Often times an attack on alleged prior convictions are used to enhance a charge and can be successfully done. This is particularly applicable in 3-strikes cases and DUI with prior convictions cases. Once a prior conviction is attacked or dismissed, it will reduce the severity of the underlying offense.
11. In driving offenses, oftentimes a lack of knowledge is a defense as well. That would be lack of notice or knowledge of notice of a license suspension.
12. Lack of knowledge or the presence of a controlled substance. More recently, in some circumstances the possession of medicinal marijuana is legal as limited by statue.
13. Further general defense are alibi, duress and threats, necessity, accident, the right of a parent to punish, mistake of fact, mistake of law, entrapment, when conduct may not be attributed to a defendant, and Statue of Limitations.
14. Additional general – impairment defenses involve for example unconsciousness, involuntary intoxication, mental impairment, in other words, defenses of specific intent or mental state cases, reasonable standards, insanity or civil commitments, competence, mental capacity are considered.
15. In terms of self-defense or defense of others, you have a right of self-defense or defense of another, mutual combat or initial aggressor, defense or real property.
16. Moreover, Penal Code section 654 prevents multiple punishment for the same act.
17. You may be subject to an illegal detention or arrest, and an illegal search and seizure. If that’s the case, you have certain rights, pre-trial motions that you can bring. Those should be addressed and analyzed by the attorney as well.
18. You are entitled to certain pre-trial discovery rights and this would include the right to discover information from the other side about your case….from the government or a third person.
19. Appropriate motions and investigation should be done to assist you in preparation of your case should it proceed to trial.
20. Should you be unable to negotiate a fair settlement of your case, you can proceed to a jury trial in your case. I have extensive trial experience and studied at the Gerry Spence Trial Lawyer College and the Western Institute of Trial Advocacy and am prepared to assist you in your jury trial. Click here for some of my criminal and civil jury results.
21. In a DUI case you’re entitled to several defenses, including the attack on the elements of the offense as well as any evidential attacks on the nature and quality of the evidence. Some of the affirmative defenses are:

a. Alcoholism
b. Driving disability
c. Mistake of fact, mistake of law
d. Duress and Necessity
e. Accident and misfortune
f. Involuntary intoxication/voluntary intoxication
g. Unconsciousness
h. Idiocy
i. Prescription drugs
j. Cop orders driving
k. Entrapment or equitable estoppel

These are some of the specific defenses to Drunk Driving Case.

The above defenses are some of the defenses that should be considered and reviewed – they can be found in the Cal-Crim Jury Instruction as well as the Forecite Jury instructions.

If you have criminal matter to discuss or would like to clear your criminal record, contact me HERE or give me a call: 760-730-0500. I offer a FREE no obligation consultation and look forward to helping you with your legal matter.