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The San Diego Criminal Defense Pros
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The San Diego Criminal Defense Pros
Brian Mason

2534 State Street
San Diego CA 92101
(619) 493-1207

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Law Office Of Brian R. Mason, APC

Call : 858-444-5256


San Diego Criminal Defense Attorney

The Law Office of Brian R. Mason, APC, is a San Diego, CA criminal defense law firm that consists of an experienced legal team representing people in the areas of criminal defense. When you or someone you know has been arrested and charged with a crime, it’s not time to give up- it’s time to hire an experienced and aggressive San Diego criminal defense lawyer. In fact, the fight has just begun.

Attorney Brian Mason, is an award winning and premier legal expert whose ultimate goal is to provide the best representation to get all his clients charges dismissed.  

 The United States Constitution provides that all Americans, including all classes and races and types of people, are all presumed innocent until the state can prove them guilty BEYOND ALL REASONABLE DOUBT. This is why our goal is to provide excellent legal representation for all of the legal needs of the people of SD County at an affordable price to help prove our clients innocence or get a fair treatment under the law. Our main goal is to get your charges dismissed or reduced significantly.

Our team maintains an ethical and well respected law practice where we spend each and everyday working hard for our clients.

What Make San Diego Criminal Lawyer Brian R. Mason Different?

At The Law Office of Brian R. Mason, APC, we pride ourselves on client care. We strive to treat each client like a member of our family, with core values of respect and communication. Each client’s case is important to us. No case is too large or small.

Our goal is to ensure that each and every one of our clients is afforded the right to a defense and the right to a fair trial. We fight hard to uphold the Constitution and to force the Prosecution to meet their burden of proof.

In doing so, we will do whatever is necessary to fight for your freedom, to fight for your innocence, and if necessary, to create a reasonable doubt as to your guilt.

In addition to our core values, we fight aggressively for your rights in every case. We also offer:

  • When you call or meet us you are going to be speaking with attorney Mason directly not with a paralegal
  • 24/7 Text Messaging Directly to your Attorney
  • Attorney Brian Mason have gotten many of our clients positives results and helped get their cases dismissed
  • Mr. Mason have over a decade of proven legal experience
  • Brian Mason Law Firm will personally fight your case all over San Diego County and Southern California Court
  • Free Case Evaluation
  • Payment Plans
  • Evening & Weekend Appointments

Criminal Defense Lawyer Brian Mason Services

Attorney Brian Mason represents those accused of any felony or misdemeanor charges, including the following :

  • Murder
  • Rape and Sex Crimes
  • Assault and Battery
  • Drug Crimes
  • DUI
  • Domestic Violence
  • Burglary and Theft
  • Robbery and Carjacking
  • Illegal Weapons
  • Gang Crimes
  • Insurance Fraud
  • Identity Theft

Experienced California Law Firm Helping You Understand The Legal Process

Below is a brief summary of the process in both misdemeanor and felony criminal cases in San Diego County.

MISDEMEANOR CASES:

THE ARREST

First, an arrest is made. Often times in a misdemeanor case, the Defendant is not taken to jail, but rather given a citation and makes a promise to appear at an Arraignment within the next 30 days or so. If the police take the defendant to jail, three things can happen

  • The defendant is released with no charges filed;
  • The defendant posts bail/bond or is released on his or her own recognizance (“O.R.”) and is scheduled for an arraignment; or
  • The defendant remains in the custody and is transported to court for arraignment.

THE ARRAIGNMENT

  • The Defendant’s first appearance in court is the Arraignment. The following events occur at an Arraignment:
  • The defendant is informed of the charges against him or her;
  • The defendant is advised of his or her constitutional rights;
  • If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court;
  • The defendant enters a plea of guilty, not guilty or no contest.
  • The defendant is released on his or her “Own Recognizance,” or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff.

Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.

INVESTIGATION

After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense. This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant, and sending any necessary evidence to scientific and/or psychological experts.

THE PRE-TRIAL HEARING OR READINESS CONFERENCE

At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as discovery. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest.

PRE-TRIAL MOTIONS AND MOTIONS IN LIMINE

Prior to trial, the defense attorney may file any relevant pre-trial motions that will effect the outcome of the case. Examples of common pre-trial motions include, but are not limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police, and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a Rape Case, among many other possible motions.

JURY TRIAL

Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime.

If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Appellate Department of the Superior Court.

COURT TRIAL

In lieu of a jury trial, the parties may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty.

FELONY CASES:

Felony crimes are punishable by a sentence to state prison term of more than one year or death. Some examples of felony crimes are murder, possession of dangerous drugs for sale, robbery and rape.

THE ARREST

First, an arrest is made. On a felony arrest the police take the defendant to jail. Three things can happen:

The defendant is released – no charges are filed;

The defendant posts bail/bond or is released on his/her own recognizance (“O.R.”) and is scheduled for arraignment;

The defendant remains in the custody of the law enforcement agency and is transported to court for arraignment.

CHARGING DOCUMENT

It is possible, in a felony case, that the charges were brought against the Defendant after a Grand Jury investigation which led to a Grand Jury Indictment. If this is the case, a warrant will likely be put out for the Defendant’s arrest, and then the Defendant will be arraigned after arrest. However, in most cases, the Defendant is arrested and then arraigned on the complaint.

THE ARRAIGNMENT

A felony arraignment on the complaint is the defendant’s first court appearance. The following events occur:

  • The defendant is informed of the charges against him or her;
  • The defendant is advised of his or her constitutional rights;
  • If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the court;
  • The defendant enters a plea;

The court sets bail and the defendant is remanded to custody, or the defendant is released on his or her “Own Recognizance” or “O.R.”

Also at the arraignment, the Defense attorney may move for a Demurrer, or dismissal of the Complaint under Penal Code §1004, if the Complaint either (1) Fails to meet the specificity requirement adequately putting the Defendant on notice of the charges filed; (2) If the Complaint is filed in the wrong Court and that Court does not have Jurisdiction over the Defendant; (3) Due to Misjoinder; (4) If the Complaint fails to state a Public Offense; and (5) If there is a legal excuse or bar to the particular prosecution.

THE PRELIMINARY HEARING

In felony cases, a preliminary hearing is held to determine if there is sufficient evidence for the judge to reasonably infer that a crime has been committed and that the defendant committed the crime and should therefore be “held over” for trial.

If the case was filed by complaint, then once a defendant is “held to answer,” the prosecuting agency files a document called the Information. The defendant will subsequently be arraigned on the Information at which time he or she will enter a plea and proceed to trial.

INVESTIGATION

After the Arraignment, the Criminal Defense Attorney begins an independent investigation into the alleged offense. This includes, among other things, visiting the scene of the alleged crime, interviewing witnesses to the alleged crime, interviewing and investigating the accuser, interviewing the family and friends of the Defendant, and sending any necessary evidence to scientific and/or psychological experts.

PRE-TRIAL CONFERENCE OR FELONY READINESS CONFERENCE

At the felony readiness conference, there is an exchange of information between the prosecution and the defense. Pretrial motions may also be filed before the start of the trial. Motions may be made to set aside the complaint, to dismiss the case, to suppress evidence, etc. The defendant may at this point change his or her plea to guilty or no contest. The Prosecutor and defense attorney also discuss any possible settlements to the case.

PRE-TRIAL MOTIONS AND MOTIONS IN LIMINE

Prior to trial, the defense attorney may file any relevant pre-trial motions that will effect the outcome of the case. Examples of common pre-trial motions include, but are not limited to: Motion to Suppress Evidence Unlawfully Seized; Motion to Compel Additional Discovery from the Prosecutor; A “Pitchess Motion” to review the personnel file of any police officers involved in the arrest; A Motion Forcing the Prosecution to Disclose the Name of their Confidential Informant; A Motion to Dismiss for Governmental, Police, and/or Prosecutorial Misconduct; A Motion to Suppress a Confession; A Motion to Suppress an Eyewitness Identification; A Motion to Exclude Evidence of Rape/Trauma Syndrome; and A Motion to Include Evidence of the Accuser’s Prior Sexual Conduct in a Rape Case, among many other possible motions.

JURY TRIAL

Before a trial can begin, a jury must be selected. During the trial, witnesses may testify and evidence will be presented. At the conclusion of the trial, the jury must decide if the defendant is guilty or not guilty. If the jury finds the defendant is not guilty, he or she is released and cannot be tried again for the same crime.

If the defendant is found guilty, the case will be continued for sentencing, or the defendant may be sentenced immediately. The defendant may appeal a conviction to the Court of Appeal of the State of California.

COURT TRIAL

In lieu of a jury trial, the defendant may agree to proceed with a court trial, in which the judge hears the evidence and arguments and finds the defendant guilty or not guilty. This is usually a good strategy if the only issue is an issue at law which the jury may not understand or may want to ignore for other reasons.

Call Or Text One of Top Defense Attorneys Now For Free Case Evaluation

As you can see the criminal law process is very very complicated so If you’ve been charged with a criminal offense, don’t delay in finding a talented San Diego criminal defense attorney to take your case. Every hour can be used to your advantage- call the Law Office of Brian Mason now for help you deserve at (858) 444-5256.


Call : 858-444-5256


San Diego CA Criminal Defense Attorney

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