California State Criminal Defense Attorney in San Diego

The San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM know that the attorney you choose can mean the difference between winning and losing. Fifty years ago, the Supreme Court of United States recognized the “obvious truth” that a criminal defense lawyer is a necessity and not a luxury when a defendant faces a criminal charge in State or Federal court. The Court also observed that even an intelligent and educated non-lawyer “requires the guiding hand of counsel at every step in the proceedings against him.” San Diego Criminal Defense Attorneys at LAWSTACHE™ Law Firm are that “guiding hand,” diligently ensuring that your rights are protected throughout the entire duration of criminal proceedings, from criminal arraignment through the duration of the trial.

Our San Diego Criminal Defense Attorneys represent clients throughout Southern California, including San Diego County, Orange County, Los Angeles, and Riverside. We are licensed in California and Nevada.

If you were charged or indicted in the San Diego Federal Court, see our San Diego Federal Criminal Defense page.

Where your San Diego case will be heard

San Diego County has four main criminal courthouses. Where your case goes depends on where the arrest happened:

Where it happened	Courthouse
City of San Diego (Downtown, La Jolla, Pacific Beach, Ocean Beach, Mission Valley, Clairemont) and Coronado	Central Courthouse, 1100 Union Street, downtown San Diego
North County: Vista, Oceanside, Carlsbad, Escondido, San Marcos, Encinitas, Poway	Vista courthouse
East County: El Cajon, La Mesa, Santee, Lemon Grove, Spring Valley	El Cajon courthouse
South County: Chula Vista, National City, Imperial Beach	Chula Vista courthouse

Federal cases, for example arrests at the border or by DEA, HSI or the FBI, are heard at the U.S. District Court in downtown San Diego. See our federal criminal defense page.

The downtown San Diego courthouse (Central Division)

Central Courthouse
1100 Union Street, San Diego, CA 92101
Court information and hours

Criminal cases from the City of San Diego and from Coronado are heard at the Central Courthouse downtown. Our office at 185 West F Street is a few blocks away.

• La Jolla, Pacific Beach, Ocean Beach, Mission Valley and Clairemont: arrests by the San Diego Police Department are heard downtown.
• Coronado: arrests by the Coronado Police Department are heard downtown.
• Freeways in the city: CHP arrests are heard downtown.

After an arrest, men are usually booked into the San Diego Central Jail downtown and women into the Las Colinas Detention Facility in Santee. In-custody arraignments usually happen within two court days, and that is the first chance to argue for release or lower bail. In many misdemeanor cases your attorney can appear for you, so you do not have to miss work.

DUI downtown. A DUI arrest starts two separate cases: the criminal case at the Central Courthouse and the DMV case. You have only 10 days to request a DMV hearing. When the evidence has problems, a DUI can often be reduced to reckless driving or dismissed. See our San Diego DUI page.

Call (619) 357-6677 for a free consultation. You work directly with Anton, from the first meeting through trial.

California State Criminal Defense

In the following sections our criminal defense attorneys explain common California crimes and defenses. Open a topic below to see the articles.

Domestic Violence

• Assault Penal Code Section 240 PC 240
• Assault with a Deadly Weapon | California Penal Code 245(a)(1) [PC 245(a)(1)]
• Battery | California Penal Code 242 [PC 242]
• Brandishing a Weapon, Gun or Firearm | Penal Code 417 | PC 417
• Domestic Violence Restraining Order Defense – Family Court

Personal Property Crimes

• Arson | PC 451
• Assault Penal Code Section 240 PC 240
• Assault with a Deadly Weapon | California Penal Code 245(a)(1) [PC 245(a)(1)]
• Battery | California Penal Code 242 [PC 242]
• Resisting Arrest | PC148(a)(1)
• California Gun Crimes
• Brandishing a Weapon, Gun or Firearm | Penal Code 417 | PC 417
• Gestures Alone Are Not Considered to be Criminal Threats [PC 422]

Drug Crimes

• Possession of a Controlled Substance in California | HS 11350 (a)
• Possession of a Controlled Substance with Intent to Sell | HS 11351
• Transportation for Sale of a Controlled Substance| HS 11352
• Possession of Marijuana | Health and Safety Code  Section 11357 | HS 11357
• Marijuana Cultivation, Harvest, Plant | HS 11358
• Possession of Marijuana for Sale | Health and Safety Code 11359 | HS 11359
• Marijuana Sale, Giving Away, Transportation | California Health and Safety Code Section 11360 | HS 11360
• Possession of Drug Paraphernalia | California Health and Safety Code 11364 | HS 11364 
• Possession of Methamphetamine (Meth) | HS 11377
• Manufacturing a Controlled Substance (Marijuana, Hash Oil, etc.) | HS 11379.6(a) 
• Proposition 36: Drug treatment program as an alternative to jail time in drug possession cases.
• Driving Under Influence of Marijuana (Marijuana DUI) | California Vehicle Code Section 23152 | VC 23152
• Can a vehicle be searched by police officers if they smell marijuana outside of the vehicle?
• What to do if pulled over with marijuana in trunk of car working for marijuana dispensary?
• Transporting Marijuana across International Border (US-Mexico)
• When can police stop and search my vehicle?
• Modification or Termination of Probation under PC 1203.3
• IMMIGRATION CONSEQUENCES IN DRUG CASES AND A CHART OF SELECTED CALIFORNIA OFFENSES

Vehicular Crimes

• San Diego DUI Attorneys Overview
• California Reckless Driving| California Vehicle Code 23103 | CVC23103
• Driving Under Influence of Alcohol (DUI Alcohol)| California Vehicle Code Section 23152 | VC 23152
• Driving Under Influence of Marijuana (Marijuana DUI) | California Vehicle Code Section 23152 | VC 23152
• What Should You Do If Pulled Over for DUI? Quick guide!
• Do I have to do field sobriety tests?
• DUI dismissed after police officers move the DUI suspect.
• DMV Administrative Hearing (DUI: Alcohol/drugs)
• Can I complete California DUI school/course out of state?
• What Should I Do If I Am Pulled Over For DUI?
• Can I get a DUI while operating a boat (BUI)?
• Are attorneys able and willing to give me an estimate of success rate for DUI case?
• When can police stop and search my vehicle?
• What does it mean to expunge a San Diego DUI?

Fraud

• Forgery | California Penal Code 470 | PC 470
• Check Fraud | California Penal Code 476 | PC 476

Theft Crimes

• Robbery | California Penal Code 211 | PC 211
• Burglary | California Penal Code 459 | PC 459
• Theft Crimes (Larceny, Larceny by trick, Embezzlement, False Pretenses)| PC 484 | PC 488
• Receiving Stolen Property | PC 496

Sex Crimes

• Sexual Battery & Sexual Assault | California PC 243.4

Alcohol Crimes

• Drunk in Public | California Penal Code 647 [PC 647 (f)]
• San Diego DUI Attorneys Overview
• Driving Under Influence of Alcohol (DUI Alcohol)| California Vehicle Code Section 23152 | VC 23152
• Driving Under Influence of Marijuana (Marijuana DUI) | California Vehicle Code Section 23152 | VC 23152
• What Should You Do If Pulled Over for DUI? Quick guide!
• Do I have to do field sobriety tests?
• DMV Administrative Hearing (DUI alcohol/drugs)
• Can I complete California DUI school/course out of state?
• What Should I Do If I Am Pulled Over For DUI?
• Can I get a DUI while operating a boat (BUI)?
• Are attorneys able and willing to give me an estimate of success rate for DUI case?
• What does it mean to expunge a San Diego DUI?

Criminal Process

• What Happens Between an Arrest and the Jury Trial?
• How can I get my criminal case dismissed in San Diego?
• What happens at the arraignment?
• Do I need to be present at the arraignment?
• How can I get a court to appoint a lawyer for my case?
• Public Defenders vs Private Attorneys
• I missed the court date and now I have a warrant out for my arrest. What Should I Do?
• Modification or Termination of Probation under PC 1203.3
• Plea Bargaining
• Presumption of Innocence
• Miranda Warning – Custodial Interrogation
• IMMIGRATION CONSEQUENCES IN DRUG CASES AND A CHART OF SELECTED CALIFORNIA OFFENSES
• What does it mean when asked if you were formally charged?
• FEDERAL CLEMENCY APPLICATION
• What if two statutes seem to criminalize the same conduct? Perjury vs. False Statement

Sentencing

When selecting a San Diego Criminal Defense Attorney, it is crucial that you pick an attorney that knows all the alternatives to jail/prison sentences. There is nothing worse than sitting in jail and learning later that you could have been sentenced to home confinement or GPS monitoring. The following are some of the alternatives to custody that you may be eligible. Please discuss these alternatives with an experienced San Diego Criminal Defense Attorney because eligibility depends on the crime, past history, and other factors. These are the most common alternatives in San Diego County, but many are available in other counties such as Riverside and Orange County.

• Can I get resentenced under Prop. 47 | (PC) 1170.18 | San Diego Prop 47 Attorney
• Am I eligible for probation?
• Sentencing and Custody Credits
• Electronic Monitoring in Lieu of Bail. (PC 1203.018)
• San Diego SCRAM Continuous Alcohol Monitoring Program
• Home Detention (PC 1203.016 and 1203.017)
• San Diego Work Furlough
• Residential ReEntry Center
• Work Release

FAQ

• When can police stop and search my vehicle?
• Can a vehicle be searched by police officers if they smell marijuana outside of the vehicle?
• Legal Rights Info-Graphic
• Modification or Termination of Probation under PC 1203.3
• Proposition 36: Drug treatment program as an alternative to jail time in drug possession cases.
• Is a misdemeanor conviction public record?
• What Should I Do If I Am Pulled Over For DUI?
• Can I complete California DUI school/course out of state?
• What to do if pulled over with marijuana in trunk of car working for marijuana dispensary?
• Are attorneys able and willing to give me an estimate of success rate for DUI case?
• Can I mail marijuana via USPS?
• IMMIGRATION CONSEQUENCES IN DRUG CASES AND A CHART OF SELECTED CALIFORNIA OFFENSES
• Why is my bail bondsman asking for my license plate number?
• What If No Criminal Charges Were Filed On My Court Date?
• Should I Hire a Criminal Defense Attorney Before Seeking a Bail Bondsmen?
• Public Defenders vs Private Attorneys
• What does it mean when asked if you were formally charged?
• Help! Someone else’s criminal charges are on my record! [LiveScan]
• Federal Court Required Paperwork for Surety Bond
• Can a company be prosecuted in the same way as an individual?
• What does it mean to expunge a San Diego DUI?

Motions

• What is an ARANDA-BRUTON motion?
• Can a company be prosecuted in the same way as an individual?
• What does it mean to expunge a San Diego DUI?

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