If you have been arrested on criminal charges, you need to talk to a lawyer as soon as possible. This is the best way to fully understand your legal rights, including many important constitutional protections. An attorney also can advise you about the stages of the criminal justice process, carefully explore the details of your situation, and help you develop a strategy to seek a favorable outcome. A criminal conviction may drastically change your life, so it is important to seize every opportunity to defend yourself against the accusations made against you. As a criminal defense attorney serving Riverside and the San Bernardino area, Gregory H. Comings is here to help people who have been accused of both misdemeanors and felonies. These include serious drug crimes, domestic violence, violent crimes, sex crimes, and white collar crimes, among other offenses.Vigorously Advocating for the Rights of the Accused
In a criminal case, the government has the burden of proof, and it must meet a very high standard known as “beyond a reasonable doubt.” If it fails to satisfy this standard with regard to each element of the offense, the defendant may not be convicted of the charge. In addition to attacking the prosecution’s case, such as by challenging the credibility of its witnesses, a defense attorney also may be able to show that one or more defenses applies. For example, an assault charge may be defeated if the defendant was acting in self-defense rather than being the instigator of the fight. If law enforcement entraps an innocent person into committing a sex crime, meanwhile, that defendant may not be convicted if they can show that they otherwise would not have broken the law.
There also may be useful defenses based on the U.S. Constitution and the rights that it grants to people charged with crimes. San Bernardino and Riverside criminal defense lawyer Gregory H. Comings can investigate the evidence that the State plans to use against the defendant and the method by which that evidence was acquired. If any illegalities or irregularities are found in that process, such as a search conducted without a warrant or in the absence of probable cause, it may be possible to have the evidence excluded at trial under the “fruit of the poisonous tree” doctrine. For example, if the police seized drugs from a home or car, they generally would need a warrant unless an exception applies. If the drugs are excluded from consideration at trial, the government’s case may fall apart.
Moreover, a defendant is protected from self-incrimination and must receive Miranda warnings before being taken into custody. These include the right to remain silent and the right to an attorney. Determining the situations in which Miranda warnings apply often is complex, so it is important to consult an experienced attorney who can determine whether a defendant’s rights have been violated. Statements made in custody without Miranda warnings having been provided generally may not be used against a defendant by the prosecution.Seek Assistance from a Criminal Defense Lawyer in Riverside or San Bernardino
A conviction of a criminal offense under California or federal law may result in years of incarceration, thousands of dollars of fines, the loss of driving privileges, and difficulty finding work or housing in the years to come. As a result, you should not hesitate to seek legal counsel if you are under suspicion of a crime or are involved in an investigation, even if you have not yet been charged. San Bernardino and Riverside criminal defense attorney Gregory H. Comings has more than a decade of experience representing people accused of crimes. Attorney Comings personally handles each case that the firm accepts, including many cases that may seem difficult or complicated at the outset. To put his experience, determination, and skill to work on your case, call 951-686-3457 or contact us online and ask for a free case evaluation. He can assist people who need a white collar crime lawyer or representation in fighting a host of other criminal charges, ranging from sex offenses to drug trafficking and assault. Our firm also has a Spanish translator to facilitate as needed.
Charged with three counts of PC 666.5 Vehicle Theft with priors and one count of VC 10801 Chop Shop, District Attorney wanted prison because of client's record. Filed two motions after preliminary hearing based upon the investigating officer's testimony on what he based his declaration for a warrant on. Won the motion and case was dismissed.
Charged with five counts of PC 273(a)(a) Willful Child Cruelty, District Attorney wanted a lot of time for client in jail, after several court appearances and meeting with the D.A. the case was dismissed.
Charged with 664/187(a) Attempted Murder, with gang enhancement as well as intentional discharge of firearm. Facing life in prison. Worked out a deal for felony probation and credit for time served, plead to just PC 186.22(a).