Experienced Criminal Defense in South Lake Tahoe, California

Facing Criminal Charges in California: Your Rights and the Role of Criminal Defense

Being accused of a crime in California is a serious and often terrifying experience. The criminal justice system is complex, and the consequences of a conviction—from jail time and heavy fines to a permanent criminal record—can irrevocably alter your life, career, and reputation.

If you or a loved one are under investigation or have been arrested, do not speak to law enforcement without an attorney present. Your first and most crucial step should be to secure experienced California criminal defense counsel.

The Foundation of Your Defense: Constitutional Rights

As an individual facing criminal allegations in California, you are protected by fundamental rights guaranteed by both the U.S. and California Constitutions. Your defense attorney is your shield, ensuring these rights are vigorously upheld at every stage.

• The Right to Remain Silent (Fifth Amendment): You can and should invoke your right against self-incrimination. Anything you say to law enforcement can and willbe used against you. Your lawyer will advise you on the proper way to exercise this right.

• The Right to Counsel (Sixth Amendment): You have the right to an attorney. If you cannot afford one, the court will appoint one for you. Having a private criminal defense attorney allows for a personalized, dedicated defense strategy from the earliest stage.

• Protection Against Unreasonable Search and Seizure (Fourth Amendment):Law enforcement must have probable cause and, in most cases, a valid warrantto search your person, vehicle, or property. If evidence against you was obtained through an illegal search or seizure, your attorney can file a Motion to Suppress Evidence, which could lead to the prosecution's case being severely weakened or even dismissed.

• The Right to Due Process and a Speedy Trial: You have the right to a fair legal process and timely resolution of your case.

Navigating the California Criminal Justice Process

The criminal defense process is a series of critical stages where the intervention of a skilled attorney is essential.

1. Arrest and Booking

The process begins with an arrest, followed by booking (fingerprinting, photographs, and personal data recording). Your attorney can intervene immediately to advise you on remaining silent and can begin investigating the circumstances of your arrest, looking for potential police misconduct or procedural errors.

2. Arraignment (First Court Appearance)

This is your first formal court date, typically held within 48 hours of arrest for those in custody. At the arraignment:

The judge formally reads the charges against you.

You enter a plea (Not Guiltyis almost always the advised plea).

The court addresses the issue of bailor release on your Own Recognizance (OR). Your attorney will aggressively argue for the lowest possible bail amount or a full OR release, allowing you to prepare your defense from home.

3. Pre-Trial Phase and Discovery

This is where the bulk of the defense work occurs.

Discovery: The defense team receives all the evidence the prosecution intends to use against you (police reports, witness statements, video, etc.).

Motions: Your lawyer will file crucial pre-trial motions, such as a Motion to Suppress Evidence (if your rights were violated) or a Motion to Dismiss.

Plea Bargaining: Your attorney will negotiate with the prosecutor for a favorable outcome, such as a reduction in charges, dismissal, or alternative sentencing programs (like drug or mental health diversion) that keep you out of jail.

4. Preliminary Hearing (Felony Cases Only)

For felony cases, this is a "mini-trial" where the prosecutor must present enough evidence to convince a judge that there is probable cause to believe a crime was committed and that you committed it. Your defense attorney uses this opportunity to cross-examine prosecution witnesses and expose weaknesses in their case.

5. Trial

If a favorable resolution isn't reached, the case proceeds to trial. Your attorney acts as your voice, presenting evidence, questioning witnesses, making legal arguments, and defending your innocence to a judge or jury. The prosecution bears the burden of proving guilt beyond a reasonable doubt.

Common Criminal Charges Requiring Defense

The Law Office of Jared Willis provides experienced defense against a wide range of California charges, including, but not limited to:

• Driving Under the Influence (DUI): Challenging field sobriety tests, breathalyzer accuracy, and probable cause for the traffic stop.

• Drug Crimes: Including possession, sales, and transportation, often involving challenging the legality of the search that led to the discovery of the drugs.

• Theft Crimes: Ranging from petty theft to grand theft, often seeking a reduction to a misdemeanor under Proposition 47.

• Domestic Violence: Defending against allegations and restraining orders, often involving self-defense claims or challenges to the credibility of the complaining witness.

• White Collar Crimes: Including fraud, embezzlement, and forgery, which require extensive review of complex financial documents.

Why Early Legal Intervention is Critical

The moments following an arrest or the start of an investigation are the most critical for preserving your rights and building a strong defense. The sooner an experienced criminal defense lawyer is involved, the better the chances of achieving a positive outcome, whether that's:

• Preventing charges from being filed (pre-filing intervention).
• Achieving a favorable plea agreement.
• Getting the case dismissed.
• Securing an acquittal at trial.

If you are facing criminal charges, your liberty, your future, and your reputation are on the line. You need an advocate who knows the local courts, understands the state's complex criminal laws, and is prepared to fight tirelessly for you.

Do not wait. Contact us today at (530) 494-9412 for a confidential consultation to discuss your case and begin building your defense.