HOMCIDE AND RELATED CRIMES

Homicide is the killing of one person by another. There are a variety of homicide charges used in California, such as First Degree murder, Second Degree Murder, and Manslaughter. All homicide charges require a thorough, effective, competent, and aggressive defense team.

First-degree murder requires pre-mediation. In other words, a prosecutor must prove that a person thought out the murder beforehand and specifically formulated an intention to kill the victim. First-degree murder is the most serious criminal charge in California law, and is punishable by mandatory life in prison, without possibility of parole.

Second-degree murder. Second-degree murder is a lesser charge, however it still caries a potential severe punishment. In a second-degree murder charge, the prosecution is not charged with the obligation to prove that the person thought out the killing beforehand. Second-degree murder is punishable by life in prison, or any term of years. However, the possibility of parole does exist.

Manslaughter has two degrees, voluntary and involuntary. In all cases, manslaughter is the unlawful killing of another without malice. Voluntary manslaughter involves an intentional killing, but one that is done in the heat of passion. Involuntary manslaughter is an unintentional killing. In both cases, manslaughter is punishable by 15 years to life in prison.

A successful defense requires a thorough knowledge of the details. In all cases, your knowledge of the facts is important and must be thoroughly explored with the trial team. Attempts must be made to interview all witnesses. In many cases, we use the services of competent private investigators to interview potential witnesses, and develop facts that will be valuable to the defense. It is not advisable to rely solely on the information contained in police reports to prepare for trial

Expert witnesses can be a key element of your defense. While not all cases require the use of experts, there are many cases where scientific experts can be invaluable. This may include such experts as DNA scientists, medical doctors, psychologists, document and handwriting analysis experts, fingerprint & "voiceprint" experts and police investigation experts. It is not possible to know what experts may be needed until your case is thoroughly evaluated. Our firm is committed to using the best scientific experts available in defense of our clients. In some cases, we are successful at getting funds from the trial court to assist in funding the expert fees.

Police investigations must be carefully scrutinized. In our system of justice, it is defense attorneys that force law enforcement personnel to play by the rules. In our criminal defense practice, we find it beneficial to our clients to challenge unlawful intrusions on your rights in court. Our trial team will carefully examine your case for violations of law, which can be asserted in your defense.

If You are Facing Homicide Charges

Let's begin with the understanding that the police are not your friends and they are not there to help you. It is legal to for the police to lie to you. Promises made by the police are not enforceable. Miranda warnings may not help you, so if the police are investigating:

• Don't negotiate with police without an attorney. In most cases, police will attempt to secure your cooperation before you have a chance to talk to an attorney. They are aware that a person accused of a homicide is never more vulnerable than at the time of the first arrest or raid. Before you compromise your position in the case, obtain competent legal advise from an aggressive trial lawyer.

• Do not talk. Be polite and courteous, but refuse to discuss their investigation with them. You should plainly and repeatedly tell them that you do not want to discuss anything with them, and that you want an attorney present. Do not allow yourself to be tricked or coerced by the police.

• Anything you say about the case to anyone, including most family members, can be used against you in court. Many defendants hurt their case by discussing it with family, friends, co-workers, police officers and prosecutors. If you have made such statements, we will deal with it together. If you have not, DON'T!

• Never consent to anything without the advice of your attorney. This includes giving the police permission to search, draw blood or discuss the case with you.

• Never resist arrest. If a police officer is attempting to arrest you, be polite and cooperative. Inform the officer that you will go along peacefully. It is also important to immediately inform the officer -or any officer that tries to question you- that you do not want to talk without an attorney.

• The only information you should provide without consulting an attorney is necessary biographical information; this includes your full legal name and address. If the police want to fingerprint you after arrest cooperate fully.

• Post bond as quickly as possible. If you are unable to post bond, don't say anything about your case to anyone in the jail. There is no one there that you can trust.

Finally, meet with your attorney as soon as possible. When you meet with Mr. McDonald, be completely honest with your version of events. Tell us about any past criminal record or witness that might help or hurt your case. Remember that you are the most important part of your defense team.

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