Sometimes the best defense is a bold offense. As a defendant in a criminal case, you have an absolute right to remain silent through the process. You do not need to testify, or present any evidence – it is entirely the burden of the state to prove you guilty. Holding the state to this burden is sometimes the absolute best way to achieve a favorable result. Trials can be stressful – but there is no requirement that you take the stand and endure harsh cross-examination.

I have achieved not guilty verdicts when the client has sat next to me in trial and never said a word.

Misdemeanor Trials

In misdemeanor trial cases, the risk is fixed, and a defendant cannot be constitutionally punished or “taxed” for exercising their constitutional rights. If your attorney does not try cases, then it is not reasonable that their clients should be given breaks when they give up their trial rights. The standard in a criminal case is proof beyond a reasonable doubt. In many pretrial motions it is a lower standard of proof – a preponderance of the evidence, or a “fifty-one to forty-nine” standard. This makes many pretrial motions long shots when the trial facts are compelling.

Call (831) 458-1011 To Discuss Retaining Santa Cruz Criminal Defense Attorney
J.P. Lavallee to Fight Your Criminal Case