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You Deserve to be Represented by Bakersfield’s Premier Criminal Defense Attorney

When individuals in Bakersfield are charged with any form of crime, they will need competent and professional assistance from an expert criminal attorney. The legal process is daunting to navigate, particularly for the criminal justice system.

Just as doctors specialize in medical areas, lawyers concentrate in various aspects of the law. Professional criminal attorneys know how the justice system works so that they can handle your case most effectively.

Regardless of the charge, only a professional criminal lawyer is prepared to ensure that your best interests are represented. This is why it is so important to select a defense lawyer that has experience with your particular type of case.

One place to begin your search for a competent Bakersfield criminal attorney is from the local Bar Associations. Most of these legal organizations have processes in place where people can call for a list of possible names or look for attorneys by specialty.

Another means of finding a criminal lawyer are online search databases such as those with the state bar. These databases usually have a way to enter information for location and specialty. For example, for a drunk driving charge, it is essential that you find an attorney who has experience in defending DUI cases. While family law experts are certainly competent, they usually have no trial experience, let alone the ability to handle a criminal case.

Before you contact a few attorneys to speak with, first think about the the type of outcome you wish to have. For example, if you would like to be cleared of all charges, you probably should choose a criminal attorney who has a good courtroom record of trial victories. However, if your goal is simply to negotiate the dismissal of certain charges and the best possile sentence on others, many attorneys specialize in attaining very favorable plea bargains for their clients. Any criminal defense lawyer you consider hiring should be able to show you a proven track record of both favorable negotiations and trial outcomes.

When you speak with a few lawyers, be sure to find out how long they have practiced law and how many years of experience he or she has with your particular type of case. In addition, be sure to understand the fee structure and what it includes. Many times, a criminal attorneys in Bakersfield will offer a free consultation, during which many of your questions should be answered.

Also find out who exactly will handle your case. For example, he or she may have a staff of lawyers that your case might be delegated to. The best Bakersfield criminal attorneys will handle your cases personally and provide the level of personal contact that you deserve.

For a free consultation with the premier criminal defense attorney in Bakersfield, Call the Law Office of Joel E. Lueck at (661)776-5879 and speak to a criminal defense attorney immediately!

Even Misdemeanor Offenses Have Serious Consequences

A recent article published by Slate highlights the severe consequences of misdemeanor convictions and the fact that these consequences are often unknown to the defendants even after they have entered a guilty plea. The other troublesome aspect of the misdemeanor arm of the criminal justice system, as pointed out by the article, is the fact that despite actually being innocent of the charges filed against them, many misdemeanor defendants actually plead guilty for a variety of reasons. Among them are:

  • Just to get out of jail
  • Inadequate knowledge of their rights
  • Inadequate knowledge of the evidence in their favor
  • Pressure from over-worked public defenders
  • Pressure from Judges who assume the defendant’s guilt

As the article correctly states, “The repercussions of a petty conviction can be anything but minor. These offenses are increasingly punished with hefty fines that low-income defendants cannot pay. A conviction of any kind can ruin a person’s job prospects. A petty conviction can affect eligibility for professional licenses, child custody, food stamps, student loans, and health care or lead to deportation. In many cities, a misdemeanor makes you ineligible for public housing.”

If you’ve been charged with a seemingly minor offense, take the time to contact an experienced criminal defense attorney with a proven track record of success. Hiring a private attorney doesn’t guarantee a successful outcome, but hiring the right attorney can guarantee that your rights are protected and your questions are answered.

The Benefit of Hiring a Respected, Local Attorney

In communities such as Bakersfield, many people who are faced with the need to hire a criminal defense attorney mistakenly believe that retaining a “Big City” attorney from Los Angeles gives them a better chance at successfully defending themselves.  Unfortunately, often times this could not be further from the truth.  As a case in point, consider the circumstances of Mike R., a resident of Los Angeles who was stopped in Kern County on his way to the Bay Area.  After being pulled over for DUI, Mike was also found to be in possession of Ecstasy.  He was arrested and charged with Transportation of a Controlled Substance (Health & Safety Code section 11379) and DUI (Vehicle Code section 23152) among other charges.  Due to the fact that he had a Strike Prior and had been sentenced to prison within the past five years, he was facing a potential sentence of 9 years in state prison.  Initially, Mike was represented by an attorney from Los Angeles.  That attorney represented him through the preliminary hearing stage, but in an effort to settle the case before trial, was only able to obtain an offer from the Kern County District Attorney’s Office of 4 years in prison.  Realizing that a local attorney may benefit him, Mike retained the Law Office of Joel E. Lueck and today was placed on probation and sentenced to 6 MONTHS in county jail.

The point is that although every county is bound by the laws of the State of California, each county interprets and applies those laws differently.  Having an attorney who practices in the community and has a proven track record of success is what those charged with crimes should look for, rather than falling prey to the mistaken belief that an attorney from Los Angeles is their best option simply based upon the location of their office.

Former LAPD Detective on Trial for Murder Shows Why Suspects Should NEVER Talk to Cops

Former LAPD Detective Stephanie Lazarus is currently on trial for the 1986 homicide of her former boyfriend’s wife.  The story of how the cold case was cracked is a case-study in police investigation and interrogation.  The lesson to be learned, especially from the interrogation of Lazarus, is that interrogating officers often know answers to questions they pose to suspects and often have enough evidence for an arrest even before the questioning starts.  If this is the case, their goal becomes to secure a confession, not determine the truth and they will “lie, cheat, and steal” to get it … all of which is perfectly legal.

Watch an ABC News story on the case here.

Man Acquitted by Jury, Still Sentenced to 15 Years

The South Florida Sun Sentinel is reporting that a man acquitted in two separate jury trials of fondling pre-teen girls has been sentenced to fifteen years in prison based upon the same evidence which amounted to a violation of his probation. The case underscores the very real possibility of being sentenced on a probation violation despite being found not guilty of the same conduct by a jury. The legal basis for such an outcome lies in the different standards of proof applied to jury trials versus that applied to hearings on violations of probation. While the standard of proof in a jury trial is “proof beyond a reasonable doubt,” in order to be found in violation of probation, in Florida, as in California, the prosecution bears the much lower standard of proof known as “preponderance of the evidence.” Additionally, whereas convictions on new law violations generally are determined by a jury, violations of probation (even if based upon the same evidence) are decided by a judge.  In essence, while a jury may acquit a defendant based upon a failure of the prosecution to meet the higher standard of proof, a judge considering the same evidence may still nonetheless conclude that the lower standard of proof has been met and thus sentence a defendant based upon a violation of his pre-existing probation.

Domenstic Violence Charges

Domestic Violence charges are usually limited to violations of either section 273.5(a) or 243(e)(1) of the Penal Code. There are a few key differences between these two sections. Section 243(e)(1) can only be charged as a misdemeanor and is limited to instances where the alleged injury, if any, is very slight. Section 273.5(a), on the other hand, can be charged as either a misdemeanor or a felony and is reserved for circumstances in which the alleged injury results in a "traumatic condition." If there is an allegation that the act of domestic violence resulted in Great Bodily Injury, the consequences become even more severe than those listed below, including "Strike" consequences. There are a number of factors that are considered in charging and dealing with domestic violence cases. The first step you should take if you’ve been accused of domestic violence is to contact an experienced criminal defense attorney.


California Penal Code Section 273.5(a)

(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four
years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

California Penal Code Section 243(e)(1)

(e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as defined in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.

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