Walnut Creek Criminal Defense Lawyer

What Is “The Best” Criminal Defense?

Criminal defense is a sophisticated legal specialty. It is a multifaceted discipline that involves the application of legal strategies to counter the prosecution's evidence systematically.   “The Best” criminal defense can be provided by more than one attorney and there is more than one “best” approach.   However, you can and should evaluate experience, board certification and national recognition in making your attorney selection.

The best criminal defense strategy is always an individualized approach. You are an individual and your criminal case is not “a type”.   

It is true that certain core principles apply to every case.  For example, a prosecutor has a duty of fairness to the defendant.  The law requires that he provide “exculpatory” information (under California law and federal due process guarantees.)  In other words, they have to turn over information that helps establish your client's defense.  But there are nuances.

A top defense attorney (vs. defense by the numbers) knows that under the constructive knowledge doctrine, information known by the “investigating agency” (usually the police) is deemed by law to be known by the prosecuting attorney. (See Douglas Pipes & William Gagen, Jr., Cal. Criminal Discovery (4th ed. 2008) § 1:71.2, p. 216.)  This expands the responsibilities (and scope of what must be disclosed) of the prosecutor.  So if the information is in “the book”, why do you need a specialist?

Nuance:  What about information held by a state agency that is not the police agency actually investigating the case?  Is their knowledge imputed to the prosecutor?  You won't find this answer in Pipes & Gagen or the “bible” of criminal defense law, the CEB book Criminal Practice & Procedure.  Your lawyer has to know the case law and sometimes create new case law to ensure that you get a fair trial.  Missing this issue could cost you dearly.  

Daniel Horowitz has a long history of creative legal thinking which has created major new legal precedents to help people accused of crimes.  He can be trusted to know the existing law and create new law if it benefits you.   

For this reason, we submit that an experienced criminal defense lawyer who is a state certified criminal defense specialist (like Daniel Horowitz) can provide his Walnut Creek clients with the highest level of technical excellence and analysis. 

Types of Criminal Charges

Criminal charges encompass a diverse landscape, typically classified into infractions, misdemeanors, and felonies. Each classification carries its legal implications, capable of profoundly impacting various aspects of an individual's life.

Examples of each level include the following:

• Infractions: These are minor offenses, often resulting in fines rather than incarceration. Examples include traffic violations, littering, or minor disturbances. While seemingly less severe, infractions still demand careful attention to legal details.
• Misdemeanors: More serious than infractions, misdemeanors can lead to fines and short-term incarceration. Examples encompass a range of offenses such as simple assault, petty theft, or possession of small amounts of controlled substances.
• Felonies: Representing the most severe category, felonies involve crimes with significant legal consequences. Examples include drug trafficking, theft of substantial value, serious violent offenses like homicide, and white-collar crimes.

Criminal Defense Strategies

In criminal cases, strategic approaches are pivotal in safeguarding the rights and interests of the accused. 

Several common defense strategies are employed to counter charges:

• Demonstrating a lack of intent: Establishing that the accused did not intend to commit the alleged crime can significantly weaken the prosecution's case.
• Challenging evidence: Challenges to the collection process, such as improper handling or violations of legal procedures, can cast doubt on the prosecution's case.
• Questioning witness credibility: Undermining the reliability of witness testimony can involve exposing inconsistencies in their statements, potential biases, or ulterior motives.
• Highlighting violations of constitutional protections: Any violations, such as illegal searches or seizures, can lead to the exclusion of crucial evidence, weakening the prosecution's case.

Crafting an effective defense strategy requires a meticulous approach. Skilled criminal defense lawyers will thoroughly examine the facts, analyze evidence, and research legal precedent.

Typical Walnut Creek Crimes

Juvenile crimes involving drugs and alcohol are common.  Fights can get out of hand and shoplifting and other theft type matters are common.  The focus is to protect the future of the young person and get the back on track. Many criminal cases brought against adult residents of Walnut Creek involve business related white collar charges.  The large number of physicians in the area and the presence of John Muir Hospital leads to medically related regulatory and insurance billing disputes sometimes brought as criminal cases.  And of course, Walnut Creek is not immune to its fair share of domestic violence cases (esp. during divorces) and of course …. Drunk Driving.

Hire a Defense Attorney Early

Hiring a criminal defense attorney early in the proceedings can have significant advantages. By initiating legal representation promptly, individuals can start building their defense strategy without delay. This early intervention allows attorneys to safeguard their clients' rights at every stage of the legal process, preventing actions or statements that could potentially harm the case. Moreover, early engagement with legal counsel fosters a proactive approach, empowering individuals to navigate the complexities of their situation with confidence.

At the Law Office of Daniel Horowitz, we understand the importance of personalized legal representation. Our approach begins with listening to our clients and meticulously reviewing the facts of their cases. We craft tailored defense strategies addressing their unique circumstances and challenges. Our team is known for our aggressive advocacy, fearlessly confronting tough charges and opponents in pursuit of optimal results. Alongside our zealous representation, we provide compassionate counsel, offering unwavering support to our clients every step of the way..

 Contact us at (925) 291-5388 today.