Frequently Asked Questions

Even if you are innocent, the state government has several resources to use against you in court — the San Diego County District Attorney's office has investigators, crime labs, and experienced trial prosecutors, and once charges are filed, the case moves on the court's schedule, not yours. That's why it's essential to have an expert criminal defense attorney by your side to navigate the litigation process.

In California, several key protections come with deadlines. Your attorney can challenge weak charges at the preliminary hearing, file a Penal Code section 995 motion to dismiss a felony that isn't supported by the evidence, and demand the discovery the prosecution is required to turn over. Innocent people who try to "explain themselves" to police without counsel often make statements that get used against them later. Hiring a lawyer early — ideally before charges are filed — gives you the chance to present exculpatory evidence and, in some cases, stop a filing altogether.

Absolutely. A skillful lawyer can determine if your rights were violated and have your case dismissed under California law. If police obtained evidence through an illegal search or questioned you without proper Miranda warnings, your attorney can file a motion to suppress under Penal Code section 1538.5 — and if the key evidence is thrown out, the prosecution's case may collapse regardless of what actually happened.

Besides that, an attorney also fights to reduce your charges and sentencing, along with helping you understand the legal complications. In California, that can mean negotiating a felony down to a misdemeanor, pursuing pretrial diversion or drug treatment under Penal Code section 1000 instead of jail, or seeking probation on terms you can live with. Pleading guilty without counsel usually means accepting the prosecutor's first offer; a defense lawyer's job is to make sure you never take a worse outcome than the facts of your case require.

If the San Diego police can find enough evidence of you committing a crime, or if you are found to be in the process of committing one, then they can perform an appropriate search. Under the Fourth Amendment, officers generally need a warrant, but courts recognize exceptions: a search incident to a lawful arrest, probable cause combined with urgent circumstances, items in plain view, vehicle searches supported by probable cause, and your own consent. If you agree to a search, you give up that protection — you always have the right to politely decline.

Having an expert defense attorney helps in evaluating if the police searched you illegally. In turn, this helps declare the unlawfully obtained evidence inadmissible in court. This is the exclusionary rule: through a motion to suppress under Penal Code section 1538.5, evidence seized in violation of your rights — and anything discovered because of it — can be kept out of your trial entirely.

Attempting to commit a crime is a crime in itself, according to many jurisdictions, and California is one of them. Under Penal Code section 21a, an attempt requires two things: the specific intent to commit the crime, and a direct step toward actually committing it — mere planning or preparation is not enough on its own. This serves as a showcase for others inclined to commit crimes.

If you're found guilty of attempting a crime, the prosecutor must prove beyond doubt that you were planning a crime and had actually begun to commit it, too. There is a meaningful difference in punishment as well: under Penal Code section 664, an attempt is generally punishable by half the sentence the completed crime would carry. Here, hiring a knowledgeable attorney can help your case — by attacking the "direct step" element and arguing your conduct never went beyond preparation, or by reducing the sentence or fine.

As per California law, a misdemeanor is punishable with up to one year in county jail with a fine of generally no more than $1,000. A misdemeanor can include crimes such as DUI, theft, shoplifting, etc. Being charged with a felony can lead to severe consequences with extensive fines and lengthy sentences in state prison, even life in prison. Felony crimes include rape, murder, robbery, etc.

California also has a middle category: "wobbler" offenses, which prosecutors can file as either a felony or a misdemeanor under Penal Code section 17(b). Grand theft, assault with a deadly weapon, and many domestic violence charges are wobblers, and a defense attorney can often persuade the District Attorney or the judge to reduce them to misdemeanors. Proposition 47 also reclassified many drug possession and low-level theft offenses (property worth $950 or less) as straight misdemeanors. Which side of the line you land on affects jail versus prison, professional licenses, immigration status, and gun rights.

A white-collar crime is a term used to define crimes committed by a businessman or someone professional — offenses built on deceit for financial gain rather than force. These types of crimes include tax fraud, embezzlement, securities fraud, identity theft, money laundering, etc.

In California, many white-collar offenses are charged under specific statutes — embezzlement under Penal Code section 503, forgery under section 470, insurance fraud under section 550 — and most are "wobblers," meaning the prosecutor can file them as felonies or misdemeanors depending on the dollar amount and your record. These cases move differently, too: they are often investigated for months by the San Diego County District Attorney's economic crimes unit or by federal agencies before any charge is filed, and sentencing can include restitution orders on top of jail or prison time. If you learn you are under investigation, speaking with a defense attorney before any interview can influence whether charges are filed at all.

Unfortunately, it's not possible to give a one-size-fits-all answer. Since different clients require different services, it depends on the charges you face, how serious they are, and the stage your case is at — a misdemeanor resolved at an early hearing involves far less work than a felony headed toward a preliminary hearing or trial. Having said that, you can schedule a free, confidential initial consultation with Marc to evaluate your options and discuss everything in detail — including the fee — before you commit to anything. For most case types, Marc offers flat-fee arrangements, so you know the full cost up front rather than watching hourly bills accumulate, and payment plans are available when paying all at once would be a strain. The ultimate goal remains to offer you strong, affordable representation in court without adding a financial burden on your shoulders.