Defendant's Rights

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Bail

A person charged with a crime is generally entitled to bail. Certain exceptions exist for capital murder, public safety considerations, and immigration holds. The amount of bail is initially set by a bail schedule based on the crime(s) for which a person is arrested. However, the court has the ability to reduce the amount of bail based on the facts of the case and the background of the person arrested. An experienced criminal defense attorney can work to get the amount of bail reduced and assist you with the release process. The criminal defense attorneys at the Law Offices of James J. Warner are ready to help.

Right to an Attorney

You have the right to any attorney. If you cannot afford an attorney, the court will appoint one for you. If you can afford an attorney, it is important that you hire the best criminal defense attorney you can. The results of a criminal case will usually impact a person’s life for many years. The Firm takes it duty to aggressively defend its clients very seriously. We provide quality criminal defense, always working to obtain the best possible results.

Right to a Jury Trial

If you are facing felony, serious misdemeanor or DUI charges, you have the right to a jury trial. The prosecution bears the burden of proving that you are guilty beyond a reasonable doubt of the crime charged. At trial, you are presumed innocent unless proven guilty. Your criminal defense lawyer who takes your case to trial should be experienced. The Firm has tried more than 250 jury trials.

Right Against Self Incrimination

You have the right to remain silent. You also have the right, at trial, to either testify or not on your behalf. The jury cannot hold it against you if you decide not to testify. An experienced criminal defense firm such as the Law Offices of James J. Warner can advise you when it is best to remain silent and when it is best to testify.

Right to Produce Evidence

You have the right to present evidence supporting your case. This includes have witnesses testify on your behalf. The Firm often employs investigators to locate witnesses and evidence that will be helpful to the defense. It is important for your criminal defense attorney to do this since often the prosecution is only collecting evidence supporting their position.

Right to Confront and Cross Examine Witnesses

You have the right to confront and cross examine those witnesses testifying against you. You deserve a criminal defense attorney that has the experience of cross examining hundreds of prosecution witnesses and exposing inconsistencies, bias and even outright lies. Your criminal defense lawyer must be able to effectively exercise this important right on your behalf.

Law Offices of James J. Warner
3233 Third Avenue
San Diego, CA 92103
Phone: (619) 243-7333
Fax: (619) 243-7343

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