California Criminal Defense for the Civil Practitioner
A Nuts and Bolts Primer
As a Civil Litigator, you may find yourself in the position of assisting a former or new client in handling what initially appears to be a relatively simple criminal matter. This “nuts and bolts” primer will give you a roadmap through some of the Criminal Justice System pitfalls you may encounter on your trip and alert you when you need the assistance of an experienced criminal attorney.
That Midnight Phone call
The surprise “midnight phone call” from a client who’s just been arrested is not an uncommon occurrence. When this happens (and it will…) you need to know the quickest way to handle your client’s release. That is going to be through the assistance of a bail bonds person. What if you client is unable to post a bond? Try to have their bail reduced by a bail commissioner, if not, you’ll have to prepare for the first court appearance called “the arraignment”. At the arraignment, a bail hearing can be made to try to successfully have your client released.
Tips for Successful Preparation for the Bail Hearing
- Contact the OR officer for an OR report.
- Initiate discussion with the investigating officer and/or the prosecuting attorney.
- “Pack” the court with relatives and good character witnesses.
- Prepare for alternatives to incarceration, such as residential treatment programs or house arrest (see telephone checklist).
Retainer Fee Agreements
Unlike a civil case, once you become the attorney of record it is often impossible to be relieved by the court. It is critical to obtain your retainer BEFORE becoming the attorney of record. Remember, any retainer in excess of $1000.00 must be in writing.
Pre-Filing Negotiations
If you are retained PRIOR to the filing of a criminal matter, a successful resolution can be obtained with timely intervention.
It is critical, when possible, to establish open lines of communication with the alleged victim, prosecuting attorney, and investigating officer. Successful pre-filing negotiations should be geared with an eye towards dismissal through civil compromise, informal diversion, and office hearing or reducing a felony charge to a misdemeanor.
Know your prosecutor! The better relationship you have with your prosecutor the stronger the likelihood a successful resolution will occur.
Alternative Sentencing
Being an effective and successful advocate for client begins at the inception of the case. You must immediately begin to prepare for “alternative sentencing options” other than incarceration. These alternatives consist of treatment, rehabilitation and alternative community sentencing. Local jails, community service and crafting YOUR OWN alternative sentence are only some of the examples available to assist your client. Please note the phone numbers in the Criminal Law Telephone Checklist in this report.
Ethical Dilemma – BEWARE!
Take the Wolf Quick- Quiz on ethical considerations:
- Your criminal defendant tells you he’s going to perjure himself on the stand. Your options are:
- Persuade your client to tell the truth
- Persuade your client not to testify
- Withdraw as his/her attorney
- Put your client on the stand without questions, assistance or support.
- How long must you retain a criminal defendant’s case file?
- Until the end of the case
- Seven years
- Until the death of the defendant
Need answers or the Secret Solutions? Call me (310) 277-1707
