Criminal Defense in Alameda, California
If you’ve been charged with a crime, one of the things that you should think of is what type of defenses are available to you. There are different types of legal defenses available in criminal law, and the type of criminal defense applicable to you and your case will depend on your situation.
If you’re facing a charge of assault and battery, robbery, theft, burglary, DUI, drug crimes, sex crimes, or domestic violence in California, our Alameda criminal defense attorney can examine your situation and prepare the best defense for your case.
Criminal Defense Laws
Criminal defense law consists of all the legal protections given to individuals who have been accused of committing a crime. In criminal court, the prosecutor must meet the burden of proof – that is, the responsibility of proving their allegations against the accused.
The police and prosecutors have plenty of resources at their disposal to go after someone and charge them with a crime. To balance the power within the justice system, certain protections are in place for the accused. These, and the skills and experience of a defense attorney will dictate how a defendant will be treated in criminal litigation.
An experienced criminal defense attorney knows how to use constitutional laws for the benefit of their client. For instance, criminal prosecution is based upon the evidence gathered by law enforcers. This evidence can be in the form of physical evidence. This will usually consist of objects found in a crime scene, like a possible weapon, tire marks, shoe print, or even tiny pieces of fabric.
- Scientific or forensic evidence. This can include things such as DNA matching, hair evidence, fingerprint identification, and more.
- Sworn testimony of an eyewitness.
- Drug test and alcohol test.
The Fourth Amendment
The Fourth Amendment to the U.S. Constitution protects civilians from unlawful searches and seizures from the police. This means that the police aren’t allowed to search you or your house without a warrant or probable cause. If they do, your defense attorney can ask the court to suppress the evidence gathered from that search so the prosecutor can’t use it during the trial.
The Fifth Amendment
As mandated by the “Double Jeopardy” clause of the Fifth Amendment, the prosecution can’t try you for the same offense twice. For criminal defendants, this is a necessary constitutional right.
For example, you’ve been tried for burglary but are later on acquitted. The prosecution was undoubtedly unhappy about the outcome, but they’re constitutionally barred from retrying you for the same offense.
Even in states where double jeopardy is not expressly prohibited, the protection is still given to criminal defendants because the Fifth Amendment applies to the federal government and all the states through the doctrine of incorporation.
The Sixth Amendment
Another Constitutional law that protects individuals being charged with a crime is the Sixth Amendment. This amendment guarantees the defendant’s rights, which includes:
- the right to a speedy and public trial by an impartial jury of the State
- the right to know the nature and cause of the accusation
- confront their accuser in court (Confrontation Clause).
It also gives you the freedom to confront the witnesses against you and obtain witnesses in your favor.
The Eighth Amendment
The Eighth Amendment protects you after an arrest, usually at the early stages of a criminal case and after conviction. This prohibits “excessive bail,” which means that even though a judge isn’t obligated to grant bail after your arrest, the amount of bail set may also not be excessive or unreasonable. It also prohibits “excessive fines” and “unusual and cruel punishment.”
Here are the things to consider to determine whether a punishment violates the Eighth Amendment:
- The severity of the punishment is “degrading to human dignity”
- Society has generally rejected it as an unacceptable punishment
- It is assessed in an unreasonable fashion
If you want to know more about your constitutional rights and how you can use them during a criminal defense, you can reach out to our Alameda CA defense attorneys at Law Offices of Andrew Dósa. Contact us today at 510-681-2813 for a free consultation.
Need Help with Your Case?
Facing criminal charges can bring all kinds of stress to you and your family. To have the best defense for your criminal case, our experienced criminal defense lawyers can help. Contact our Alameda law office today to schedule a consultation.