What is a Criminal Defense Attorney?
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Why do I Need A Lawyer?

Who needs a criminal defense attorney?

We all do. When a person violates the law, there are police, prosecutors, judges, and the entire force of State, Federal, and local government available to prosecute and punish. But when the government violates the law (such as an unlawful arrest, an illegal search, etc.), there is usually no one to cry "foul"!  DUI cases often involve instances where the police and government completely ignore the law, when it comes to the manner in which chemical tests are taken, administered, and interpreted (Title 17, Cal. Code. Reg.)  It's your lawyer's job to hold them accountable.

What does a criminal defense attorney do?

It's not as simple as just defending our clients. Defense attorneys force the government to justify and "meet their burden of proof" every time they seek to take away a citizen's liberty or property.  We speak for every person ever suspected of a crime, and ensure that the police don't violate the law in their pursuit of the "guilty."  We ensure that a citizen's right to his "day in court" actually means something, and often prevent injustice by ensuring that the accused receives a fair trial.  And that's just for those clients who might be guilty.

Don't laws already favor "criminal's rights"?

No! Actually, the opposite is true. Many laws passed in California have the direct effect of limiting the rights of persons accused of a crime, and/or requiring severe minimum punishments.  Before Proposition 8, a person accused of a crime could have evidence against him or her "suppressed" if he or she could show that police made an unlawful arrest. Since Proposition 8, Judges can be free to allow police to use evidence obtained as a result of an unlawful arrest, as long as the arrest was not in violation of the United States Constitution (the laws of the State of California are no longer enough).  Sometimes, it seems that it is the United States Constitution that requires the greatest defense in a criminal case.

Don't only guilty people get accused of crimes?

Absolutely not!  Often, police simply make a mistake. They have the wrong person, or they are mistaken as to whether a crime actually occurred. Sometimes  a "set-upits", or an attempt to protect the real perpetrator.  I have personally represented MANY individuals whom were eventually proven INNOCENT!  In some of these cases, we even obtained compensation for their pain, suffering, and legal fees.

Won't the police help me if I'm honest with them?

Remember, it's the police officer's job to gather evidence sufficient to get a conviction. They will usually not spend the extra time or effort to help clear an innocent person, or to find out the truth. They simply gather the facts and give their reports to the District Attorney's Office for prosecution. They are usually looking for the easiest, not the necessarily the right suspect.

If I'm innocent, won't the District Attorney dismiss the charges?

They should, but they often won't. Due to the nature of their jobs, the lawyers that work for the District Attorney often have a distorted view of humanity. They believe that people charged with a crime are probably guilty, and it is usually extremely difficult to convince them that a mistake has been made. Further, they recognize that, without a good attorney, most people are unable to present enough evidence of their innocence to prevent themselves from being convicted. Therefore, they have no incentive to dismiss charges unless they are forced to.  Fortunately, as of June, 2003, the citizens of Shasta County have a new District Attorney, whom I believe to be a man of integrity and generally good judgment.  However, Mr. Benito is not personally involved with or aware of every case in his office. Also, the prosecution will still primarily rely on police reports for their "take" on a case.  Accordingly, although your innocence may seem clear to you, it may take some work to convince the government or Deputy DA.

The best defense is often a good offense.

Although I work cordially and professionally with the opposition, I believe in "talking softly and carrying a big stick." In other words, the possibility of a negotiated settlement in every case is always explored, with the threat of all out war should our case go to trial.  Unfortunately, government often stonewalls and tries to 

Aren't lawyers just for guilty people?

Absolutely not! In fact, it is often the innocent person who is in most dire need of a good attorney. I have represented people who were truly wrongly accused of incredibly serious crimes. In one case, we had to prove that my client's accusers had used a computer to fabricate the evidence against him, and that they had done similar things before. It took all this, PLUS a passed lie detector test, before the District Attorney would dismiss. Sometimes, it takes a jury. The one thing that I have learned in this business is that the truth alone will very rarely set you free.

Do I need a lawyer if I'm guilty and I'm willing to admit my crime?

Yes. Often, there are alternatives to prison or jail. I will work with the probation department in designing a plan that will attempt to minimize or eliminate the need for extended incarceration. I have experienced defense investigators (several of them are former probation and/or law enforcement officers themselves) who will assist me in preparing alternative sentencing proposals that will emphasize rehabilitation over punishment. Our office will also assist you in applying for other sentencing alternatives such as H.E.C. (Home Electronic Confinement), AOP (addicted offender program), work release, and/or work furlough.

What if the evidence against me seems overwhelming?

I have never seen a case which is completely indefensible. Sometimes evidence can be suppressed due to an unlawful search or police misconduct.  Sometimes a case can be diverted or dismissed due to legal issues alone. It doesn't matter how we "win" a case (within the law), just that we do!   Sometimes the victory to be won is at sentencing, due to mitigating circumstances or the nature of the "crime" itself.  Sometimes, a lawyers sole responsibility is to navigate the treacherous waters of the legal system, and help you to survive the process.  

Does violating the law make me a criminal?

The State of California has thousands and thousands of laws, some so complex that it takes lawyers to understand them. Sometimes, one can be in technical violation of the law, even though no one has been harmed and no one intended any ill.

Shouldn't the punishment fit the crime?

It should, but it often does not. Under the "Three Strikes" law, you can now get twenty five years to life in jail for shoplifting, under the wrong circumstances. In California, pleading guilty to striking your spouse (a misdemeanor) may result in the loss of your right to own a firearm for ten years.

Jeffrey Craig Stotter provides his clients with compassion, integrity, and undaunted vigor in the field of criminal defense. Mr. Stotter has tried felony cases before juries in both State and Federal Court, and is a conflict indigent defender in Shasta County. Mr. Stotter accepts select private cases in all areas of criminal law. Mr. Stotter is a member of the National Academy of Criminal Defense Lawyers, the American Civil Liberties Union, the California Attorneys for Criminal Justice, the California Public Defenders' Association, and is a Specialist Member in Driving Under the Influence Defense of the California Deuce Defenders' Association. Mr. Stotter has represented persons accused of driving or boating under the influence of alcohol or drugs, homicide, vehicular and voluntary manslaughter, insurance fraud, kidnapping, burglary, assault, brandishing a firearm, grand theft, child molestation, possession of drugs for sale, armed robbery, cultivation of marijuana for sale, fraud, rape, terrorist threats, and possession of illegal firearms and explosive devices. Often, productive pretrial investigation and negotiation by Mr. Stotter and his investigators has led to the dismissal of charges before trial, or a decision by the prosecuting agency to refrain from filing charges at all.