- High-profile San Diego federal and state drug charges
- Sex crime cases
- DUIs and traffic violations
- Violent crimes, including domestic violence
- White collar San Diego crimes, including embezzlement
- Criminal appeals statewide
- Arrest and bench warrants
- Expungements and dismissals of convictions
Conviction of any of the above can result in a number of consequences. Click here to learn more about the consequences in San Diego criminal defense cases.
We Want to Be Your San Diego Criminal Law Firm
We will defend your rights at every stage of your criminal case, from the initial police contact, interrogations, detention, arrest and arraignment, through to the end of your criminal case. Contact us when you want an experienced highly recognized criminal defense lawyer or a San Diego DUI defense attorney. We care about your needs and we are here for you.
Did the Officers Have Probable Cause to Arrest You?
Once law enforcement officers have identified a suspect, 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 imust 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.
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 San Diego criminal defense 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 the San Diego criminal defense attorneys of Spital & Associates act as your defense counsel 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 criminal 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 the San Diego criminal defense lawyers at Spital & Associates for a referral to get a loved one immediately released from jail on bond.
“Sam Spital is an excellent lawyer, but above all he is a warm, caring human being. He takes calls at any time day or night. You don’t have to go through innumerable secretaries for he’s right there to help you with your problem. His breadth and depth as a criminal lawyer is profound for he has served the San Diego community for a long time. I highly recommend him!”
Sylvia, Satisfied Client, San Diego, California
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.
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.