Criminal Defense lawyers and attorneys in San Jose

Falsely accused

The Santa Clara County Office of the District Attorney is known for and proud of its reputation for being very aggressive in criminal prosecutions. After all, people do not want to live in a world full of crime. All U.S citizens who are California residents are subject to jury duty. Some people who receive a summons for jury duty ignore it. People who are poor, transient, or have big problems of their own may not ever get a jury summons due to changing their address so often. Or sometimes jury duty does not seem important compared to other problems in their lives, such as being a single parent and holding down a job. Those citizens who do respond to their summons and ultimately end up on a jury are not always “in touch” with the problems of the people who end up on trial. Most jurors look to the prosecutor as the guardian of their safety, and the defense attorney as a necessary evil at best. After all, it would be a bad member of society who thinks that people who steal, rape, and rob people are just fine and ought to go unpunished. When placed in the setting of a jury trial, the average citizen tends to look to the prosecutor as the protector of their rights. This usually translates into a pro-prosecution bias, and makes it hard for someone who is falsely accused to get a fair trial.

Jury selection for someone who has been falsely accused of a crime is very important. A good defense attorney is not looking for people who are pro-crime, but someone who will use their own experience and thoughts about the trial, who will truly do what the law requires—make the prosecution prove its case—not look to them for guidance. This is especially important in a jury trial for the sort of crime that causes great anger in the mind of the average citizen, such as crimes of violence against children or the elderly, or any sort of sex crime. Someone who is falsely accused and wishes to exercise their constitutional right to a jury trial often has a difficult time finding a truly unbiased jury both in Santa Clara County and in much of the United States. Criminal defense attorneys in San Jose have a tough battle in these types of cases, especially.

It is extremely important for a criminal defense attorney in San Jose or anywhere else, to make sure that he or she has all of the police reports, a complete witness list, access to all physical evidence, and enough funds to do their own investigation, and any necessary experts. The Santa Clara County Office of the District Attorney is the largest law firm in the county. It is extremely well-funded and has the support of all the police agencies in the county. The criminal defense attorney nevertheless has the advantage of knowing their case more intimately than their opponent will. With thorough investigation, and an experienced criminal defense lawyer, a person who has been falsely accused of a crime can obtain a fair trial, even in a pro-law enforcement county that prides itself as one of the safest large cities in the nation.