Criminal Defense
If you are facing criminal charges, it is crucial to have effective representation immediately. Not only during trial, but also during the pretrial phase as well. At the Law Offices of Dale Nowicki, our criminal defense lawyers give your case our full time and attention, to ensure you are treated fairly under the criminal justice system.
Even if you think the facts of the case aren’t in your favor, having the best possible criminal representation can be the difference between jail time and probation, or having your record destroyed with an avoidable felony or misdemeanor conviction.
You Can't Put A Price On Your Future And Your Freedom
Even the smallest misdemeanor charge could have a significant impact on your life. What may seem like a minor DUI incident could get your driver's license taken for months, making it difficult to go to work and provide for your family. And if you're a licensed professional, any criminal conviction could put your license at risk.
The stakes are high, and you shouldn't be forced to settle because of money. Our criminal defense practice offers decades of legal insight, without the high costs that many larger firms charge across Southern California. Experience and affordability, you can have both.
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When looking for a Los Angeles criminal defense lawyer, you need someone you can trust, which means he or she must believe in your case and want to fight for your freedom.
Next, your criminal defense attorney should have the knowledge and skill that is relevant to your case. It is imperative that your lawyer has seen the inside of the courtroom your case is unfolding in, to ensure they have the trial experience you need to pursue real results both inside and outside the courtroom.
At the Law Offices of Dale Nowicki, our dedicated criminal defense attorneys will leverage our partnerships and specialized experience to provide access to the investigative resources our clients need to build each of their cases for success.
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At the Law Offices of Dale Nowicki, our criminal defense lawyers believe everyone who has been investigated, arrested, or charged with a crime should have the opportunity to tell their side of the story, without paying exorbitant fees to find an attorney that fits their needs.
While we cannot speak for all criminal defense law firms, our attorneys provide free case evaluations. We know how difficult it is to entrust someone you have never met with your future and freedom. Contact us today to learn how we can help protect your rights and outline your options for pursuing the best outcome for your unique charges, while you get answers to your most pressing questions.
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Our criminal defense attorneys are available when our clients need us because we know that facing the unknown, including the possibility of losing their freedom, is a frightening experience. And not having a trusted legal adviser by your side, to talk to about potential legal solutions, can be equally overwhelming. That is why we are here.
Along with our skilled attorneys, our clients have access to our exceptional support staff that can help answer questions, communicate additional details, and provide the communicative relief our clients need to navigate the unfamiliar criminal justice system with confidence, even if we are in court and unavailable at the time of their call.
At the Law Offices of Dale Nowicki, we have a personal stake in the outcome of your case because your future is important to us, your family, and you. We believe in second chances and want to help provide each of our clients with the outcome they deserve for their unique cases.
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No criminal defense attorney can promise results, but our skilled criminal defense lawyers will provide the experience and skill each of our clients need to outline their case for success. That means leaving no detail to chance while reviewing the physical evidence, including the police report, the interrogation process, witness testimony, and weighing our clients’ options to have the charges dismissed when the prosecution’s case cannot support moving forward with the legal process, having the charges reduced when the evidence does not support the initial charges, or taking your case to trial fully prepared to win.
Each case is different and the method we use for dismissing, reducing, or litigating criminal charges will vary according to the facts of your case.
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A skilled criminal defense attorney can be the difference between going to jail or walking out of the courtroom.
While the burden of proof lies with the prosecution, our criminal law firm works tirelessly to prove your innocence by building a strong defense that allows your complete story to be told without bias or prejudice, because you have the right to a fair trial, no matter what type of crime you are accused of committing.
The charges and unique circumstances behind your investigation or arrest will help dictate our defense strategy, as will each client’s criminal history, when applicable, and the evidence the prosecutor plans to present during the case.
With our skilled and experienced criminal defense lawyers by your side, you will thoroughly understand each of the details of your case, and how it will be presented during the legal process, so you can make informed decisions about your future and freedom.
With open communication and a commitment to providing the best outcome for each of our client’s unique criminal defense needs, the Law Offices of Dale Nowicki pursue real-time legal solutions throughout each step of your case that provide long-term results.
Contact us today to learn how we can help you face your criminal charges with confidence.
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Do you understand your Miranda Rights? The United States Supreme Court has ruled: “The prosecution … does not need to show that a waiver of Miranda rights was express. An implicit waiver of the right to remain silent is sufficient to admit a suspect’s statement into evidence. … Where the prosecution shows that a Miranda warning was given and that it was understood by the accused, an accused’s uncoerced statement establishes an implied waiver of the right to remain silent. Thus, after giving a Miranda warning, police may interrogate a suspect who has neither invoked nor waived his or her Miranda rights.”
Arrest & Bail
The criminal process begins with the arrest. After a person has been arrested, he or she will typically be detained at a local or community police station and held until the time of arraignment and formal charges are filed. A bail amount is then set based on the most serious crime he or she is booked on. The defendant will then appear before a magistrate or judge within 48 hours of the arrest. California has a bail schedule which suggests the appropriate bail amount depending on the nature of the crime. In rare cases such as capital murder, the judge may choose not to set bail. The judge may refuse to set bail where a defendant has committed a probation violation. It is important to immediately retain a skilled criminal defense attorney who will be prepared to appear at the time of the arraignment and address the bail issue. Often, a skilled defense attorney will be able to secure a substantial reduction in the bail amount which may be the difference between freedom or detention pending the outcome of the criminal proceedings.
Arraignment
At the arraignment, the defendant will appear before the judge, where the judge will read the charges being brought against the defendant. After listening to a description of the charges, the defendant will then enter a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, which is usually the case, the judge will set a date for a preliminary hearing or probable cause hearing. Then, depending on whether the defendant is facing felony or misdemeanor charges, his or her case will move to either a pre-trial conference or a preliminary hearing. During the arraignment, the defense can also negotiate with the judge to have bail lowered or dropped completely. This is common in cases involving first-time arrests.
Pre-Trial Conference
This meeting occurs between the defense and prosecution when the case involves misdemeanor charges. At this time, the defense can negotiate with the prosecution for a reduction or dismissal of the charges, or the defense can work with the prosecution to reach a plea bargain. Generally, in a plea bargain, the defendant agrees to plead guilty in exchange for reduced penalties or sentencing. If an agreement of some sort can be reached during the pre-trial conference, then the case will not move to court, but rather be resolved during this part of the criminal process.
Preliminary Hearing
Preliminary hearings are held for cases involving felony crimes and are slightly different than pre-trial conferences. At this hearing, the judge will review all evidence and hear witness testimony to determine whether or not sufficient evidence exists to send the case to trial.
A person charged with a felony has a right to a preliminary hearing within ten days of arraignment. A preliminary hearing is an evidentiary hearing where witnesses testify and are subject to cross-examination by your defense attorney. At the conclusion of this hearing, a judge or magistrate decides whether sufficient cause exists to make the defendant stand trial. It is important to understand that the standard of proof at a preliminary hearing is not guilty beyond a reasonable doubt. Rather, the standard of proof at a preliminary hearing is whether reasonable suspicion exists or whether it is “more likely than not”.
The preliminary hearing stage of a criminal prosecution is critical and it is imperative that you retain an experienced attorney that will aggressively cross-examine all witnesses. Effective cross-examination at this hearing can highlight the weaknesses in the case and also provide a preview as to how the government may proceed at trial.
Additionally, an effective defense attorney may convince a judge to reduce a felony to a misdemeanor at the conclusion of a preliminary hearing. Where this occurs, the government is precluded from seeking a felony conviction at trial on that particular charge.
Trial, Verdict & Sentencing
If the judge believes there is enough evidence to try a case, or if a plea bargain has not been reached, the case will move to trial, where both the prosecution and defense will have the opportunity to present and argue their cases before a judge and jury. At the end of the trial, the jury will convene and make a determination, based on the evidence and testimony presented during the trial, as to whether or not the defendant is innocent or guilty. If the jury finds the defendant not guilty, the trial ends there and the defendant is free to move on with his or her life. If the jury finds the defendant guilty, the judge will schedule a sentencing hearing, where he or she will read the defendant their punishment for committing the crime.
Why choose us for your Criminal Defense?
When it comes to criminal defense, our philosophy remains second place is not an option. We provide discreet, determined, and strategic representation starting the moment we are retained. Many of our clients hire us the moment they learn of an ongoing criminal investigation. This gives us a unique opportunity to gather facts, interview witnesses, and communicate with law enforcement and prosecutor. A proactive and aggressive approach can often be the difference between charges being filed and a prosecutor deciding to decline prosecution.
Whether we go to trial, reach a favorable plea agreement or make the problem go away, our goal remains the same. We work hard to get you the best result possible.
If you are currently under investigation or have been arrested and need an experienced criminal defense attorney, contact us today for a consultation.