Who Is the Best Criminal Defense Lawyer in San Diego? How to Choose

Every lawyer’s ad says “the best.” But the best criminal defense lawyer for your case is the one with real experience in your court and your type of charge, who tells you the truth about your options, and who is ready to take the case through trial if that is what it takes. Here is how to find that lawyer in San Diego, in plain terms, from a San Diego criminal defense lawyer who has been doing this since 2012.

1. Match the lawyer to your court: state or federal

Criminal cases in San Diego go to one of two very different court systems:

• State court (San Diego Superior Court): most DUI, domestic violence, theft, drug and assault cases, filed by the District Attorney or the City Attorney, at the downtown, Chula Vista, El Cajon or Vista courthouse.
• Federal court (Southern District of California): border arrests, drug importation, alien smuggling, illegal re-entry, firearms and fraud cases, prosecuted by the U.S. Attorney. Federal court has its own rules, the Sentencing Guidelines, and a detention hearing instead of a bail schedule.

Many lawyers practice only in state court. If your case is federal, ask directly: “How many federal cases have you handled?” One good sign is membership on the court’s CJA Panel, the group of private lawyers the federal court selects to take appointed cases. Selection is very strict and requires years of federal criminal experience.

Check a lawyer’s federal case count yourself: search their name in the Southern District of California’s court records system (CM/ECF). A PACER account is free if you stay under $30 of use per quarter, or you can search for free on the public terminals at the Carter/Keep federal courthouse downtown.

2. Check the lawyer’s State Bar record

Every California lawyer has a public profile on the State Bar of California website. Look up any lawyer you are considering. You can see whether the license is active and whether the lawyer has ever been disciplined. Some lawyers who advertise heavily have public discipline records. You would not want to hire a lawyer who embezzled money from past clients, or one who was suspended for abandoning clients and missing their court dates. It takes two minutes to check. (Here is Anton Vialtsin’s State Bar profile.)

3. Questions to ask at the consultation

Most criminal defense lawyers, including us, offer a free consultation. Talk to more than one lawyer if you can, and ask:

1. How many cases like mine have you handled, in this court?
2. Who will actually handle my case and appear in court? Some firms sign you up with one lawyer and send another, or a case manager handles your calls.
3. What are the possible outcomes, including the worst case? A good lawyer explains the realistic range: dismissal, diversion, a reduced charge, a plea or trial.
4. Are there problems with how the police got the evidence? Illegal stops and searches can get evidence thrown out through a motion to suppress.
5. Will you take my case to trial if that is the right call? You have a constitutional right to a trial, and your lawyer should be ready to use it. Prosecutors know which lawyers are willing to go to trial, and it affects the offers they make.
6. How do we communicate, and how fast do you return calls?
7. What does the fee include? Ask whether it covers motions, investigators, experts and trial, or only part of the case.

4. Red flags

• The lawyer found you. Some lawyers comb through arrest records, then call you and your family, and push hard for you to fire the lawyer you already have. Stay away from them, especially those who go after people who already have a lawyer. California’s ethics rules prohibit lawyers from soliciting clients by live phone calls. Unethical lawyers are not respected by judges and prosecutors, and that is not the lawyer you want standing next to you in court.
• Guaranteed results. No honest lawyer can guarantee an outcome. It is also against the ethics rules.
• Pressure to pay on the spot before the lawyer has looked at your paperwork or listened to the facts.
• You never speak with the actual lawyer, only salespeople or assistants.
• Bail bondsman pitches in a federal case. Federal court does not use bail bondsmen. Read about federal bond and how to avoid bond scams.
• Choosing on price alone. The cheapest fee can end up costing you much more in a conviction, a longer sentence or immigration consequences.

5. Read reviews and results, carefully

Reviews tell you how a lawyer treats clients: whether they answer the phone, explain things and show up prepared. Read what reviewers actually say, not only the star rating.

Be careful with criminal defense lawyers who have hundreds of glowing reviews. Most people do not want to talk publicly about their criminal case, so real criminal defense reviews come in slowly. A huge number of short, generic reviews can be a sign that they are fake or paid for.

Every review on our Google profile came from a real client or a client’s family.

Results pages show the kinds of cases a lawyer handles and wins. See our case results. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

6. What does a criminal defense lawyer cost?

Most private criminal defense lawyers charge a flat fee, often by stage (for example, through the preliminary hearing, or through trial). The fee depends on the charge, the court, the amount of evidence, and whether experts or investigators are needed. Get the fee and what it covers in writing.

If you cannot afford a lawyer, you have the right to one. In state court the judge can appoint the Public Defender. In federal court, the court appoints Federal Defenders or a CJA Panel lawyer.

7. Do not wait

The early days of a case matter most: bail and release, preserving video and other evidence, and talking to the prosecutor before charges are filed or before the first offer. If you or a family member was just arrested, see what happens after an arrest in San Diego.

How LAWSTACHE™ measures up

We wrote this guide so you can judge any lawyer, including us. Here are our answers:

• Experience in your court: Anton Vialtsin has handled more than 400 federal cases and California state cases from misdemeanors to serious violent felonies, since 2012.
• CJA Panel: member in the Southern and Central Districts of California.
• Clean State Bar record: check it yourself.
• Who handles your case: Anton leads your defense, and in complex cases he assembles a team of experienced lawyers and experts to fight the charges.
• Trial: absolutely. You have a constitutional right to a trial, and if trial is the right call, Anton takes your case there.
• Results: dismissals, misdemeanor reductions and time-served sentences in serious cases. See our results.
• Reviews: rated 5.0 by our clients. Read our Google reviews.
• Free consultation: in person at our downtown San Diego office or by Zoom. Call (619) 357-6677.

Learn more about our federal criminal defense and California criminal defense practice, or browse our criminal defense FAQ.