San Mateo County California (CA) Criminal Defenses
Illegal Search or Seizure
All searches or seizures by the police must be pursuant to a valid warrant or a legal exception.
Failure to Give Miranda Warnings
The police are required to read a suspect his or her Miranda Rights prior to any custodial interrogation.
A person is allowed to use reasonable force to prevent imminent danger to oneself, others or property.
The prosecution must prove that the accused was present and committed the crime with which he/she is charged.
Mistake of Fact
A person who was acting under a mistake of fact is innocent.
The government cannot cause a normally law-abiding person to commit a crime.
Statute of Limitations
With some exceptions, the government must prosecute misdemeanors within one year of the offense and felonies within three years.
Lack of Knowledge
Many offenses require knowledge that certain contraband exists, i.e. knowledge that an illegal item is present in one's home, vehicle or on their person. Lack of knowledge is an absolute defense to such crimes.
Lack of Intent
Certain crimes require a criminal intent, for example an intent to steal. The prosecution must prove criminal intent beyond a reasonable doubt to convict you.
Proof Beyond a Reasonable Doubt
The Prosecution has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.
The government must prosecute or serve an arrest warrant without unreasonable delay.
Confront Your Accuser
Your accuser must appear in court to face cross-examination of their claims. Failure to do so requires dismissal.
Intoxication can be a defense to crimes which require certain mental states, such as intent or knowledge.
Cruel and Unusual Punishment
It is illegal for any punishment to be cruel and unusual.
A mental health condition may be a defense to many crimes.
You cannot be guilty of a crime if you were unconscious during an act, such as when sleep walking or severely injured.
An accused is not guilty of an offense if he/she acted under duress, threat or menace.
An accidental act or misfortune cannot be prosecuted as a crime.
An accused is not guilty of a crime if he/she acted out of necessity.
A criminal offense must have occurred in the jurisdiction in which the offense is charged.
Criminal Law Defenses for Criminal Procedures, Arraignments, Criminal Defenses, Appeals, Sentencing, Acquittals and More
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He has a complete knowledge base of criminal rights, both juvenile and adult, in the context of defense law. As one of the best trial attorneys in local courts, you can be assured you would have the most thorough legal defense possible.
If you have been subject to arrest and need a competent criminal defense, don't rely on an inexperienced lawyer, or one that is too busy to even remember your name. Contact the Law Offices of Ross Green today for a free consultation regarding your situation. Construct a successful criminal defense with one of the best criminal law defense lawyers around. Ross Green has effectively structured criminal defenses for those in San Mateo County California (CA), Redwood City 94063, San Francisco 94101 and the surrounding areas.
Ross Green is a San Mateo County California (CA) Criminal Attorney firm. Our main offerings include: DUI Attorney and Domestic Violence Attorney for your legal needs.