A person charged with a criminal offense has the
right to an attorney. This right is guaranteed under Article
I, Sec. 15 of the California Constitution. which states "The
defendant in a criminal cause has the right to a speedy public trial,
to compel attendance of witnesses in the
defendant's behalf, to have the assistance of counsel for the
defendant's defense, to be personally present with counsel...".
If you are
unable to afford an attorney, the state will provide an attorney to
represent you. In most counties, the court appointed attorneys are
called Public Defenders. These are qualified attorneys who work for
the County and are available to assist defendants.
Finding
a Private Attorney
If you are looking to talk to a private attorney about your
criminal case or want to retain an attorney to represent you, then there are many
lawyer referral services that are available that you can contact. They are the
State Bar of California, personal referrals, the Internet and the yellow pages
in your local phone book. The
State Bar of California - The State Bar
of California is the state agency that is responsible for licensing and disciplining
attorneys as well as certifying lawyer referral services in the State of California.
The State Bar maintains a lawyer
referral service program the State Bar's offices at 180 Howard Street, San
Francisco, CA 94105. They can be reached by email at: LRS@calbar.ca.gov
or by phone at (415) 538-2250 or 1 (866) 442-2529 (toll free in California). At
the State Bar website, for each county, you can get a list of each certified lawyer
referral service.
Personal
Referrals - Personal referrals can also be a good source of finding
an attorney. Do you know of a friend or relative who was involved
in a criminal matter? However, it is not usually good to simply go
by what only one other persontells you. Get several names. Most criminal
attorneys are willing to have the initial consultation at no cost.
Find out if you feel comfortable with the attorney.
The
Internet - The Internet is another good source for information as to which
attorney to retain. First of all, you want to get a criminal defense attorney.
The divorce attorney might be excellent at handling your divorce and custody issues,
but criminal law is a specialized area of the law. There are many attorneys who
advertise their areas of practice on the Internet. You can find that there can
be some attorneys who specialize in handling DUI's (driving under the influence),
whereas other attorneys might focus on white collar crime and yet others deal
with homicides. Yellow
Pages in the Phone Book - The phone book yellow pages also might have considerable
information about possible attorneys. Most yellow pages divide the attorneys according
to their respective areas of practice, so you could look under "Attorneys
- Criminal Defense."
Specialists
in Criminal Law
In fact, the California State Bar will
license some attorneys as specialists in
the area of criminal law if the attorney can pass a written examination,
demonstrate a high level of knowledge and experience in criminal law
and receive favorable evaluations from attorneys and judges in their
area of practice.
As a general rule, it is usually helpful to get an attorney
who is familiar with the courts where your case is pending. You would want a criminal
defense who knows the judges and knows the prosecutors. Different counties have
different methods of operation and it is generally beneficial to know the people
involved.
Importance
of Finding an Good Attorney
The important thing to remember is to get
an attorney involved as soon as possible. Many things that need to
be done at the beginning of the case might not be available if you
wait too long. There are many issues that need to be dealt with right
away, such as the amount of bail, locating witnesses or preserving
possible exculpatory evidence.
Once you have interviewed with one or more attorneys,
you can also go to the State Bar website to look up the attorney's
official bar membership record, which includes any discipline history.
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