Criminal Defense

Facing criminal charges is one of life’s most stressful events. An arrest can affect your current and future employment, your family, and most of all, your freedom. As such, one of the most important decisions you’ll make after an arrest is choosing a criminal defense attorney. Contact Brownstein Law Group today to discuss your legal rights and options.

Here are some reasons to choose Brownstein Law Group. 

Experience Matters 

The attorneys at Brownstein Law Group have over 40 years of combined experience representing clients in criminal cases. We’ve established strong relationships within the Marin County legal system. We know the court staff, prosecutors, and defense attorneys. Also, our attorneys are licensed to practice in all local and federal courts serving Marin County. 

Our Practice Areas

Assault and Battery

Assault is a threat to harm another person physically. Battery involves causing actual physical harm, even if slight, to someone else. Simple assault and simple battery are misdemeanors, but a felony battery charge can carry a prison sentence of up to four years. Brownstein Law Group can lead your assault and battery defense by challenging intent and other elements of the crimes. 

Burglary

In California, burglary involves entering a building or similar space (e.g., a locked car) with the intent to commit a felony or a petty theft crime once inside. The sentence for first-degree burglary can be up to six years. Brownstein Law Group can defend you against burglary charges in Marin County by challenging entry, intent, and other parts of the crime. 

Criminal/Terrorist Threats

Criminal threats happen when a person intentionally threatens to kill or harm someone, and the threat reasonably causes the victim to fear for their safety. If charged as a felony, criminal threats can carry up to three years in state prison. Brownstein Law can help defend against criminal threats charges by arguing that the statements were taken out of context or did not cause fear. 

Domestic Violence

Domestic violence occurs when a person causes bodily harm to a current or former romantic partner, such as a current or former spouse, fiancée, or co-parent. A felony domestic violence conviction can carry up to four years in prison. Moreover, a domestic violence conviction can affect employment, child custody and visitation arrangements, immigration status, and much more. Brownstein Law can create a domestic violence defense that points to factors such as a lack of injury or a history of false accusations. 

Drug Charges

Sentences in California drug cases depend on many factors, such as whether the drugs were for personal use or part of a trafficking operation. In addition to jail time, drug cases can affect immigration, family law, and other legal proceedings. Brownstein Law can help defend against both California and federal drug charges by challenging the drug testing, the amount, and more. 

DUI (Driving Under the Influence)

A person commits DUI when they drive a vehicle under the influence of alcohol, drugs, or both. A first DUI conviction can lead to six months in jail, but the punishments increase with each additional conviction. In addition to jail, DUI convictions can lead to a loss of your driver’s license, DUI school requirements, and more. Brownstein Law Group can lead your DUI defense by challenging the initial traffic stop, any field sobriety tests, and any blood testing. 

Expungement

California law allows people convicted of crimes to have their convictions cleared. Technically, California only allows true expungements for juveniles, but adults with criminal records can have their records sealed or dismissed. California recently expanded the categories of crimes that qualify for these treatments. Brownstein Law Group’s expungement practice can help determine whether you are eligible for relief under California law. 

False Imprisonment

A person commits false imprisonment when they unlawfully restrict another person’s freedom of movement, such as by locking them in a room against their will. If charged as a felony, false imprisonment can carry up to three years in prison. Brownstein Law Group can build a false imprisonment defense on arguments such as consent and the absence of violence.

Restraining Orders

Courts often issue criminal restraining orders, particularly in domestic violence cases. Also, once issued, violating this order becomes a crime. Brownstein Law Group’s restraining order practice can prepare you for your hearing and negotiate fair terms for any restraining order. 

Robbery

Robbery happens when a suspect takes personal property from someone through force or fear. First-degree robbery can carry a sentence of up to nine years. Brownstein Law Group can help you develop a robbery defense that focuses on a lack of force or fear, as well as other challenges.

Sex Crimes

California punishes a wide range of sex crimes, including sexual battery, unlawful sexual contact, and exploitation. In addition to jail time, most of these crimes also require sex-offender registration, something that can affect employment, professional licenses, housing, and more. Brownstein Law Group can provide a defense to a sex crime by focusing on concepts such as consent and credibility.

Theft

California’s theft crimes include petty theft, grand theft, shoplifting, and many more. Felony theft charges can carry up to three years imprisonment in addition to any fines or restitution. Brownstein Law Group can craft a defense to California theft charges by disputing the value, intent, and other facts. 

Weapons Violations

Weapons charges in California include unlawful possession and improper storage or transport. In addition to jail, a conviction on a weapons charge can lead to a loss of gun rights and other issues. Brownstein Law Group can defend you on a firearms charge by challenging the lawfulness of the search that found the gun and other factors. 

What Happens After an Arrest in Marin County? 

The post-arrest process in California typically follows these steps:

Step 1: Arrest and Booking

The booking process involves being photographed, processed, and fingerprinted. Depending on the charge, you may also be held in jail.  

Step 2: Arraignment

At the arraignment, the judge will read the charges. You’ll enter a plea. Then, the judge will decide whether you should be kept in jail or released on bail until trial.

Step 3: Investigation and Negotiation

To prepare for trial, your attorney will review evidence, interview witnesses, and, if necessary, hire expert witnesses. Your attorney will also file motions to exclude any illegally obtained evidence from the trial. Your defense lawyer and the District Attorney (DA) will also start plea negotiations. 

Step 4: Preliminary Hearing (Felonies Only)

At this hearing, the DA will present evidence to convince the judge that there is probable cause to move the case forward. If the judge disagrees, the case is dismissed. If not, it continues. 

Step 5: Trial and Sentencing

Without a plea deal, the case will go to trial. The judge will decide any legal issues and tell the jury which laws apply. After deliberations, the jury will render a verdict. If the verdict is “guilty,” the judge will set a sentencing date. 

Frequently Asked Questions 

What should I do immediately after an arrest in Marin County?

First, say nothing to the police. Tell them that you are exercising your right to remain silent. Next, tell them that you won’t answer any questions without an attorney present. Then, call your attorney. 

Will I have to go to court for my criminal charges?

Whether or not you must personally appear in court depends on the nature of your charges and the underlying facts of the case.  And while each case is prepared as if it will go to trial, the majority of criminal cases end in negotiated plea deals, so most cases don’t go to trial. 

Can criminal charges be reduced or dismissed?

Absolutely. Our primary goal is to get charges dismissed.  If that isn’t obtainable, a reduction in charges is our next goal.  This can happen by negotiation or through pretrial hearings such preliminary hearings and motions to suppress evidence.  

Hire a Marin County Criminal Defense Attorney 

If you need help with a criminal case in California, don’t hesitate to reach out to Brownstein Law Group. Contact us online today to schedule an appointment.