If you have been arrested, you have a right to defend yourself. Both the U.S. Constitution and the laws of the State of California afford critical protections to people who find themselves in the criminal justice system. In addition to the Sixth Amendment right to effective counsel and a trial by a jury of their peers, a defendant in a criminal case also has a Fifth Amendment right to avoid self-incrimination, a Fourth Amendment right to be free from unreasonable searches and seizures, and the right to due process of law provided by the Fifth and Fourteenth Amendments.
When a defendant is arrested, the State has the burden of proving that they are guilty of the offense of which they are charged. For a conviction to take place, the State must prove each element of the crime of which the defendant is charged beyond a reasonable doubt. An aggressive criminal defense attorney can help Riverside County and San Bernardino residents attack the prosecution’s case whenever possible. For example, in order to prove the crime of sexual assault, the State must prove that the defendant touched the victim in an intimate place while the victim was restrained, that the touching was against the will of the victim, and that the intent of the defendant’s conduct was for the purpose of gratification, arousal, or abuse.
In a drug trafficking case, by contrast, the State must prove that the defendant was in possession of a certain controlled substance in a sufficient quantity to presume that the drugs were for the purpose of distribution or resale, rather than personal use. The consequences of a conviction for a drug crime vary depending upon the particular substance at issue, the quantity of it, and the defendant’s previous criminal record. However, any criminal conviction may result in jail time, fines, and the lifelong stigma of a criminal record. Many convictions may also affect the defendant’s driving privileges and, if the offense is a felony, affect their right to own a gun in the future or pursue certain careers
If you are under suspicion of a crime or involved in an investigation, even if you have not been formally arrested or charged, you should take the time to learn about your legal options. Knowledgeable San Bernardino and Riverside County criminal defense attorney Gregory H. Comings can help you review your case and determine a strategy for defeating the charges against you or at least minimizing the adverse consequences of a conviction. Call us at 951-686-3457 or contact us online to schedule an appointment to discuss your case. We also can meet with you during the evening or over the weekend if needed. Gregory H. Comings helps people who are searching for a domestic violence lawyer or assistance in fighting charges of drug crimes, sex offenses, and other offenses. Se Habla Español.