TOP STATE & FEDERAL SAN DIEGO CRIMINAL DEFENSE ATTORNEYS | CRIMINAL LAWYERS | DUI & DRUG DEFENSE ATTORNEYS

San Diego Criminal Defense Law Firm

To better serve our clients, the law firm of Spital & Associates in San Diego, California, is organized into coordinated practice areas representing various subjects of the law.

Need a Strong Defense? Call Us 24 Hours a Day 7 Days a Week at 619-583-0350 - "A Law Firm That Cares!" Since 1971

As your San Diego criminal defense attorneys, Samuel Spital & Associates handles juvenile and adult criminal cases, including felonies and misdemeanors such as:

High profile drug charges
Sex crime cases
DUIs and traffic violations
Violent crimes, including domestic violence
White collar crimes, including embezzlement
Criminal appeals
Arrest and Bench Warrants
Expungements and Dismissals of Convictions

We want to be your criminal defense law firm

We will defend your rights at every stage of your criminal case, from police contact, interrogations, detention, arrest and arraignment, through to the end of your case. Contact us when you want a San Diego criminal defense lawyer or DUI attorney. We care about your needs and we are here for you.

Did the Officers Have Probable Cause to Arrest You?

Once a suspect has been identified to law enforcement officers, they will attempt to make an arrest. Before law enforcement can arrest anyone, however, the Fourth Amendment to the U.S. Constitution requires that officers have probable cause to make an arrest. Probable cause means that if a person of ordinary caution and prudence would have a strong suspicion of a person's guilt, officers can take that suspect into custody.

A verbal complaint to a law enforcement officer by the victim or a witness to a crime may be enough to support probable cause. If there is insufficient evidence at the scene, law enforcement may detain a person to conduct a brief investigation. In order to arrest a suspect without a warrant, however, law enforcement must have a reasonable suspicion that a crime was committed, is currently being committed or is about to be committed. Law enforcement officers must be able to articulate specific facts to support their finding of reasonable suspicion.

If the officers that arrested you did not have probable cause to arrest you, we will move to dismiss your case.

If You Were Arrested: Miranda Rights

Once you are arrested, you still have certain rights that are guaranteed by the Constitution that must be upheld. Before a law enforcement officer can question you, you must be told that you have the right to remain silent, that anything you say may be used against you, that you have a right to have a lawyer present while you are questioned and that, if you cannot afford a lawyer, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution and affirmed by the U.S. Supreme Court.

If Samuel Spital & Associates acts as your attorney, and we find out that officers did not give you these warnings, we will request that the court exclude any statements you made to the law enforcement officer. (This does not apply if you volunteer information without being questioned by the police.) This does not necessarily mean your case will be dismissed just because an officer failed to provide such a warning.

Remember, you can only be questioned without your lawyer present if you understand your rights and voluntarily give them up.

We Can Help with Bail

A bail bond allows you to be released from jail (unless you are released on your own recognizance). We can help you obtain a bail bond. Call Samuel Spital and Associates for a referral to get a loved one immediately released from jail on bond.

Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642

Telephone: 619-583-0350

Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101

Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

We represent and serve clients investigated, arrested and/or charged with criminal cases, including misdemeanors, felonies, drug violations, homicide cases, theft, battery, domestic violence, rape, robbery, burglary and all other criminal cases, both in State and Federal Court, as well as probation violations, probation terminations, probation modifications, both adult and juvenile cases throughout Northern and Southern California (CA), including the County of San Diego, Orange County, Riverside County, Imperial County, Los Angeles County, San Bernardino County, Santa Barbara County, Ventura County, and all counties in Northern California including Modoc County and Humbolt County.