San Diego Criminal Defense Lawyers

At McKenzie Scott, our proven criminal defense lawyers offer clients unparalleled experience and dedication. We have been fighting for decades to protect against government overreach, and our results speak for themselves. Contact us today at (619) 794.0451 for a case evaluation.

Have Questions About What Happens in a Criminal Case?

We recommend calling to schedule a consultation. Every case is different, but the sequence of key events is often the same. You should assemble the best defense team you can as early in the process as possible. Here are some of the key phases of a case and where McKenzie Scott can help.

1. The Investigation

The simplest and often best way to win a criminal case is to prevent one from ever being filed. At McKenzie Scott we integrate a deep understanding of law enforcement investigative practices to help clients avoid charges altogether. Criminal cases almost never start in the prosecutor’s office. Instead, an investigating agency like the local police, sheriffs, or FBI discover what they believe is a crime and do their best to piece together the details so that they can later recommend charges to prosecuting attorneys. Aggressive defense attorneys, like the McKenzie Scott team, can help limit the early risk that law enforcement will focus on you during this process and help you avoid charges altogether. The best defense attorneys know the tools local and federal investigators use to dig up evidence. Some of the tools law enforcement can use include:

A. Grand Jury Subpoenas

– These are subpoenas issued by a group of citizens meeting in secret under the control and guidance of prosecutors to try to bring charges. They are semi-secret and can either compel a witness to come in for questioning or require someone to provide documents. If you receive a grand jury subpoena, you should contact a defense attorney right away. Even if you do not know it, you may be the target of an investigation or at risk of becoming the target. McKenzie Scott attorneys can help advise you on what to do, help contest or dispute demands, and advise you on whether you should answer questions at all;

B. Search Warrants

– These are court orders authorizing law enforcement to search for evidence, seize evidence, or both. To get a warrant, investigators have to convince a judge that there is probable cause to believe they will find evidence of a crime in a particular place. Everyone in the United States has a Constitutional right against unreasonable searches and seizures and there are a lot of legal rules protecting us all from improper search warrants. However, government investigators do not always follow the rules. McKenzie Scott attorneys have successfully challenged search warrants in both state and federal court – proving repeatedly that law enforcement agents at every level (from the police to the FBI) continue to mislead judges and abuse search warrants to get evidence in violation of the Constitution. When you hire McKenzie Scott to help defend against an investigation, you know you are getting attorneys at the cutting edge of litigation to protect our rights under the Fourth Amendment.

Law enforcement use these and a variety of other legal (and illegal) methods to collect information about the public. If you or someone you love is contacted by law enforcement, you should consult with an attorney before participating in their investigation in any way. Law enforcement sometimes lie (both legally and illegally) and they are not required to tell you if you are their target. The attorneys at McKenzie Scott can advise you on how you should deal with law enforcement before an investigation spirals into a major problem in your life or formal charges.

2. The Prosecutor’s Decision Whether or Not to Bring Charges

Just because investigators think they have a case, does not mean the prosecutors have to file charges. McKenzie Scott often engages, negotiates, and disputes the facts of a case with prosecutors before charges are filed and before anything becomes public. Those accused of crimes are presumed innocent, but people accused of crimes still face serious consequences in their lives – even if they win. Once charges are filed, the publicity, possible arrest, bond conditions, and court procedures all take a toll on the life of the accused. People experience the shame of suspicion, lose their livelihoods, lose trust, and suffer a variety of personal and professional consequences whenever charges are filed. At McKenzie Scott PC, we understand the remarkable toll a criminal case can have on anyone suspected and accused of a crime – whether they committed it or not. Wherever possible, we strive to prevent charges from being filed and to minimize the fallout and collateral consequences if they are.

3. The Court Process

Almost every case, whether it is in state court or federal court, will require you or your attorneys appear before the judge several times. Since each case follows a different path and calls for a different strategy, we’ll try here to describe some of the major events in most cases and where McKenzie Scott PC often fights for clients to get the best possible results.

A. The Arraignment

Different courts follow different procedures at the beginning of a case, but they all have a few things in common. The prosecutors have to file a document describing the crime they believe you committed, the Court has to ensure you know the charges, and the Judge has to decide if you will remain out-of-custody and under what conditions. Although these initial steps are sometimes handled quickly and with little effect on the remainder of the case, they can be immensely important. For example, if the prosecutors or investigators have made mistakes in drafting the charges, the judge can dismiss the case completely before it even really begins. McKenzie Scott attorneys have successfully gotten major cases dismissed at their beginning by meticulously combing over the charges and understanding the legal complexities each charge creates for prosecutors. Additionally, McKenzie Scott attorneys will tirelessly fight for you to remain out of custody during a criminal case. We understand that even if you lose the case later, staying out-of-custody can have a major effect on the final outcome. No one should be stuck in jail, unable to handle their affairs and kiss their loved ones, just because they are accused of a crime.

B. Criminal Discovery and Investigation

Regardless of whether you are innocent or guilty, intimate knowledge of the facts is key to a good defense strategy. “Discovery” is the legal process of exchanging records with the other side in a case. In criminal cases, we use it to investigate the prosecution’s case. It is the Government’s obligation to prove any charges beyond a reasonable doubt, so we always aggressively search for weaknesses in the evidence – often going to court to demand documents the government is trying to bury or refuses to turn over out of fear. Meanwhile, we conduct investigations of our own with trusted, experienced investigators who can help us find evidence and witnesses that law enforcement may not even know exists.

C. Pretrial Litigation and Motions Practice

Whether it is necessary to ensure a client’s rights are protected, gain leverage in negotiations, or to keep bad evidence from coming out, the best trial attorneys know that pretrial litigation (and the credible threat of litigation) can give you the upper hand in many cases. McKenzie Scott has earned a reputation for aggressive litigation and motions practice. We’ve fought hundreds of pretrial motions for clients and know how to successfully persuade judges with legal research, writing, and testimony.