Defendant's Rights in Criminal Proceedings

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Right to an Attorney
You have the right to an attorney for criminal proceedings. If you are involved in a felony or serious misdemeanor case, if you are unable to afford an attorney, the court will appoint a public defender for you who will represent you at no charge. If you can afford to hire an attorney, the court will either not appoint one for you or will require you to pay some or all of the appointed attorney’s fees. In this case, it is recommended that you hire your own criminal defense attorney, such as the Law Offices of James J. Warner to ensure the best possible representation you can obtain.

Right to a Jury Trial
If you are facing felony, serious misdemeanor and DUI charges, you have the right to a jury trial. If you are facing other misdemeanor charges, you have the right to a bench trial (judge only). At trial, you are presumed innocent until proven guilty beyond a reasonable doubt.

Right Against Self Incrimination
You have the right to remain silent. You also have the right, at trial, to testify or not on your behalf. The court and jury cannot hold it against you if you choose to not testify.

Right to Produce Evidence
You have the right to present evidence supporting your case. This includes having the court subpoena witnesses and evidence favorable to your case, at no cost.

Right to Confront Witnesses
Your have the right to confront and cross examine those witnesses testifying against you.

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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