Generally speaking, Criminal Defendants are entitled to a right to counsel at all stages of the criminal judicial proceedings. The right to counsel helps a defendant to prepare an appropriate criminal defense to the criminal charges being brought forth by the government. When mounting an appropriate criminal defense, among other things, defense counsel needs to be familair with the criminal statutory violation of the law, the judicial procedural aspects of the proceedings in the prosecution of the criminal offense, the rules of evidence, case law, and apply the law to the facts and argument for an approrpriate criminal defense to the prosecution of the defendant. The burden of proof of the criminal allegations is entirely on the government and the state must prove its case beyond all reasonable doubt. In addition to other safegaurds, a defendant is entitled to a speedy trial and a jury trial in order to protect a criminal defendant from government oppression.

Some commonly asserted criminal defenses to a criminal charge are self defense, defense of others, necessity, duress, insanity, entrapment, intoxication (voluntary v. involuntary), mistake (mistake of fact v. mistake of law), accident, or maybe you just have an alibi. Applicable defenses may be asserted by a criminal defendant. It is important that a criminal defendant understand if the defense asserted is in fact a legal defense to the criminal charges. Is the defense justified under the law? This requires a legal anaylsis of the applicable statutory and case law for the jurisidition. An elemental anaylsis of the elements should be reviewed an analyzed. In California, ultimately 12 jurors may decide if the defenses asserted by the criminal defendant were justified under the law. Under the constitution you have the right to a trial by jury of your peers when charged with a criminal offense.

Criminal Substantive Law is the area of criminal law that applies to the underlying criminal charges for which the criminal defendant is charged with, such as attempt, solicitation, conspiracy, larceny, shoplifting, burglary, grand theft auto, drug charges, petty theft, grand larceny, petty larceny, assault & battery, forgery, robbery, extortion, burlgary, identity theft, white collar crime, embezzlement, larceny, disorderly conduct, murder, manslaughter, and so forth. Criminal substantive law should be distinguished from criminal procedure law, wherein the criminal law deals with procedural rights in criminal court proceedings. The criminal penalties associated with violation of the law have to do with the criminal substantive violations of law. Criminal Procedure law has to the do with Due Process of Law, dealing with constitutional law issues such as the right against self incrimination, unlawful search and seizure, right to counsel, double jeopardy, excessive bail, etc. Criminal Proceudre law addresses due process (5th and 14th amendment-both substantive and procedural due process) and the criminal process itself as addressed by the 1st, 4th, 5th, 6th, 8th amendment and so forth as well as the other applicable portions of the bill of rights) per the constitution as opposed to the undrelying substantive criminal charges such as assault, battery, robbery, murder, and so forth.

Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.