San Leandro has one of the highest crime rates among California cities. Not only are there more crimes than in other cities in general, but also there are more violent crimes, such as rape, murder, and assault with a deadly weapon. There is a high rate of property crime, such as burglary, arson, and vehicle theft, as well. Specifically, there are over 500 violent crimes and close to 4,000 crimes against property committed annually. A criminal conviction can permanently affect your rights, and it is prudent for anyone charged with a crime to speak with a trusted San Leandro criminal defense lawyer to discuss potential strategies. John W. Noonan is a dedicated defense attorney with more than 50 years of experience navigating the criminal court system, and he will work diligently to help you seek the best outcome possible in your case.Obtaining a San Leandro Police Report
People seeking a San Leandro police report should contact the San Leandro Police Department Records Office at (510) 577-3217, from 9:00 am through 5:00 pm, Monday through Friday. The office is not open on Saturdays or Sundays. Criminal police reports cost $2.00 for the first 10 pages and $0.10 for each additional page.The State’s Burden in Criminal Cases
In any California criminal case, the State will institute the case by filing an indictment, information, or complaint. A complaint may be the sole pleading in an infraction or misdemeanor case or the initial pleading in a felony case. In cases in which a defendant is charged with a felony, a complaint may be filed prior to the preliminary hearing, but an information will be filed after the preliminary hearing. Indictments are used in cases in which a grand jury evaluates whether there is sufficient evidence to charge a defendant with a crime. A criminal defense attorney in San Leandro can provide more information about these documents and their significance.
Regardless of which pleading the State files, it must inform the defendant of the date and location of the alleged crime, whether the crime is an infraction, misdemeanor, or felony, and the elements of the alleged offense. The State ultimately bears the burden of proving beyond a reasonable doubt that the defendant committed each element of the crime that he or she is charged with committing. In other words, the State must show that upon a review of all the facts and evidence, a reasonable person can come to no other conclusion but that the defendant is guilty.Available Defenses in Criminal Cases
Criminal defendants do not bear any burden of proof and are not required to introduce any evidence. In some cases, however, it may be in the defendant's best interest to assert an affirmative or negating defense. An affirmative defense sets forth an argument that the allegedly illegal acts were justified. For example, if a person is charged with committing assault, a San Leandro criminal defense attorney may be able to argue that the defendant was in imminent fear of death or significant bodily harm and was acting in self-defense. Conversely, a negating defense argues that an element of the prosecution’s case is lacking, so the defendant should not be convicted. Thus, in a case in which intent is a necessary component of a crime, if the prosecution cannot prove that the defendant possessed the mental state required for the commission of the offense, the defendant should be able to avoid a conviction.Meet with a Skilled Criminal Attorney Following an Arrest in San Leandro
Criminal charges do not necessarily result in a conviction, and criminal defendants have numerous rights under the law. If you are charged with a criminal offense, it is in your best interest to meet with a knowledgeable attorney to discuss your case. John W. Noonan will zealously pursue the best result achievable under the facts surrounding your charges. Mr. Noonan has offices in Dublin and Manteca and frequently assists defendants in criminal cases throughout the East Bay. You can complete the form online or call 925-479-0033 to schedule a free and confidential consultation with a criminal defense lawyer in the San Leandro area.