To better serve our San Diego criminal defense 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
Criminal Defense Attorneys in San Diego
As your San Diego criminal defense attorneys, Spital & Associates handles juvenile and adult criminal cases, including felonies and misdemeanors such as:
- High profile San Diego Federal and State drug charges
- Sex crime cases in San Diego
- DUIs and traffic violations
- Violent crimes, including domestic violence in San Diego
- White collar San Diego crimes, including embezzlement
- Criminal appeals statewide
- Arrest and Bench Warrants
We want to be your San Diego criminal defense law firm
We will defend your rights at every stage of your criminal case, from the initial police contact in San Diego, interrogations, detention, arrest and arraignment, through to the end of your criminal 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 San Diego 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 in San Diego 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 before the Court in San Diego.
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 Spital & Associates acts as your attorney, and we find out that officers did not give you these warnings, we will request that the San Diego 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 Spital & Associates for a referral to get a loved one immediately released from jail on bond.
