Protecting the Innocent

LOS ANGELES CRIMINAL DEFENSE ATTORNEY
As a Criminal Defense Attorney, I don't always get the best reaction from people who have just found out what I do.  Well, here's my answer to "how can you do that?"

Criminal defense work is not the defense of criminals.  Rather, it is the defense of defendants in criminal proceedings.  The distinction There are two main manifestations of justice that have led me to the criminal defense field.  First, I believe that protecting the innocent from conviction and unreasonable government intrusion is the most important thing I can do for my fellow Americans.  Preserving our founding principles of freedom and liberty in the face of any danger.  Second, I am a strong believer in second chances.  This post will focus on protecting the innocent.  I will publish a follow up tomorrow about second chances.

The innocent man behind bars image is not a myth.  Sadly, it is often a very tragic reality.  Although there are no truly accurate means of measuring the percentage of wrongful convictions, this reality is far too common in the US.  I have written previously about the prevalence of wrongful convictions here.  Work by groups like The Innocence Project as well as the juxtaposition of our conviction rate against other countries demonstrate a major failure of our justice system to provide an effective effort to end wrongful convictions. 

Growing reliance on and availability of DNA evidence has freed many who were wrongfully accused.  Eyewitness testimony is among the least credible forms of evidence.  Yet juries are quick to rely on an eyewitness account.  In addition to DNA evidence, video and audio recordings of events are much more common than in the past.  These developments offer an opportunity to improve our guilt calculus and reduce wrongful convictions.  Police scare tactics often convince the innocent to confess due to police threats and deception. 

Thorough investigation and a dedicated defense attorney mean more now than ever before, and it is very exciting to practice law in this quickly-changing world.  Innocent people are accused of crimes, often due to faulty eyewitness testimony, but the growing presence of objective evidence available to the defense allows us to refute false accusations.  Rubin "Hurricane" Carter would never have been framed if the ATM camera that wasn't installed outside that bar for another 25 years had captured the events.  Prosecutors will go forward on charges if they feel that they have enough evidence.  Often, they feel they have enough evidence against someone who did not commit the crime.  And this is where passionate criminal defense comes in.

Admittedly, some of my clients have been guilty.  But it is through protecting their rights that I can protect yours.  If an innocent person was walking down the street and was then racially profiled, searched and detained (violated, essentially), there would be little recourse.  Sure, the police's victim could file a complaint (with the police), but ultimately, nothing will be done to restore the rights violation that occurred.  If, however, during that unreasonable search, the police do find drugs or a weapon, a defense attorney will file a 1538.5 motion to suppress the evidence.  The guilty defendant walks, but police are deterred from violating the Fourth Amendment rights of their citizens.

The signers of the US Constitution made it a condition of their grant of power, that the government not unreasonably intrude on the privacy of its citizens.  These rights have been in decline as our law enforcement agencies have grown, but are no less important than they were in 1787.  I am proud to protect those rights for my clients, as well as for the general public.  Criminal defense attorneys are protecting your rights whether you've ever spoken to one or not.  Television shows like Law and Order: SVU provide a very negative image of the profession I love, but I believe everyone deserves a thorough defense. 

It is true that having a criminal defense attorney on your side is most important when facing criminal charges or arrest, but your rights are being defended every day.  Proof beyond a reasonable doubt should be regarded as the high standard it was intended, and we need to protect our rights from encroachment by law enforcement.  We're working on it!

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Best,

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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