Los Angeles Criminal Defense Attorney

Skilled Los Angeles Criminal Defense Lawyer

A criminal conviction has the potential to completely change the rest of your life. If you or a loved one have recently been charged with a crime in Ventura County or the greater Los Angeles, CA area, it’s essential to know how an experienced Los Angeles criminal defense lawyer can assist your situation. Whether you’re being charged with a crime for the first time, or you have a criminal record of past offenses, a conviction could mean fines, time behind bars, and various other penalties. The right defense attorney can make a significant difference in the outcome of your criminal case in Los Angeles or Ventura County.

The Law Offices of James E. Silverstein is a full-service criminal defense firm representing clients throughout Ventura County and the greater Los Angeles area. Our team is experienced in guiding our clients through serious criminal cases of all types, from misdemeanor drug offenses to felony murder charges. Whatever charges your criminal case entails, we will guide you through each phase of the case, providing client-focused defense counsel you can trust.

Tips for Selecting the Best Criminal Defense Attorney in Los Angeles, CA

If you are facing accusations of a crime, choosing the right criminal defense attorney to represent you is imperative. The right attorney will ensure your rights are protected and that you have the best possible chance of achieving a favorable outcome in your case. Here are some tips for choosing the right criminal defense attorney:

1. Choose a criminal lawyer who is experienced in handling your specific type of case: If you have been accused of a crime, it is important to choose an attorney who has the direct experience and education in handling your type of case. The right attorney will be familiar with the laws that apply to your situation and will be able to give you the best possible defense.
2. Choose an attorney who is accessible and responsive: It is critical to select an attorney who is accessible and responsive. You should be able to reach your attorney when you need to, and you should feel confident that your attorney is working on your case.
3. Choose an attorney with whom you feel comfortable: It is important to choose an attorney with whom you feel comfortable working and communicating. You should feel confident that your attorney is on your side and that you can trust them to represent you.
4. Choose an attorney who demonstrates compassion and empathy: Find an attorney that you feel demonstrates the compassion and empathy necessary to ease the emotional burden you may be feeling. It cannot be understated how important it is to have an attorney who understands what you are going through.
5. Choose an attorney who has a proven track record of success: When you are selecting an attorney, it is important to choose one who has a proven track record of success. The right attorney will have a history of winning California criminal cases and will be able to provide you with the best possible defense. Being able to draw on lessons learned from past cases is critical to success.

Know Your Rights After a California Arrest

Every American citizen has constitutional rights that come into play during an arrest for any criminal offense. Additionally, every American also has civil rights intended to prevent them from experiencing unjust mistreatment at the hands of law enforcement. The police may not treat suspects differently based on their individual characteristics, and they must always uphold the laws of due process when conducting arrests and booking procedures.

The two most important rights you have during an arrest are provided by the Fifth and Sixth Amendments of the United States Constitution. The Fifth Amendment provides protection from self-incrimination. This means an individual accused of a crime has the right to remain silent during an arrest.

When the police arrest a suspect for a criminal offense, they must read the suspect their Miranda rights, which includes an explanation of their right to remain silent and the fact that anything they say can be used against them in court. It’s vital to exercise this right and politely comply with police. Say nothing to the police until you have secured legal representation from a Los Angeles criminal defense attorney.

The Sixth Amendment provides the right to legal representation in a criminal case. Every American accused of a crime has the right to an attorney, even if they cannot afford to hire one. Under California law, a public defender is appointed at no cost once the court determines a defendant cannot afford to pay for private counsel.

However, if you have the means to do so, it is worth hiring an experienced private Los Angeles defense attorney. While most public defenders are capable defense lawyers, they have very busy schedules and often cannot provide clients with much individual attention.

Matter Types We Handle in Los Angeles, CA

At James Silverstein Law, we provide comprehensive legal services across all areas of criminal defense. Attorney James E. Silverstein and his team are dedicated to guiding you through life’s most challenging legal matters with experience, dedication, and personalized attention.

Our Practice Areas

• Assault with a Deadly Weapon: We defend clients facing serious assault charges involving weapons. Our attorneys thoroughly investigate the circumstances, challenge the prosecution’s evidence, and build strong defenses to protect your freedom and future.
• Domestic Violence: Domestic violence charges carry serious consequences including restraining orders and custody implications. We provide vigorous defense while understanding the sensitive and complex nature of these cases and their impact on families.
• Drug Crime: From possession to trafficking charges, we defend clients against all drug-related offenses. Our attorneys challenge illegal searches, scrutinize evidence handling, and work to minimize penalties or secure alternative sentencing options.
• DUI: DUI charges can result in license suspension, fines, and incarceration. We scrutinize the traffic stop, field sobriety tests, and chemical test results to build a strong defense and protect your driving privileges.
• Gang Crime: Gang-related charges often come with enhanced penalties under California law. We provide experienced defense against gang allegations and work to challenge gang enhancements that can significantly increase sentences.
• Murder: Murder charges are the most serious criminal allegations with life-altering consequences. We provide experienced, aggressive defense representation to protect your rights and freedom against homicide charges of all degrees.
• Sex Crime: Sex crime allegations can destroy reputations and result in sex offender registration. We provide discreet, aggressive defense while protecting your constitutional rights throughout the investigation and prosecution.
• Violent Crime: Violent crime charges carry the most serious penalties under California law. We provide experienced defense representation to protect your freedom and future against serious allegations, including robbery, assault, and other violent offenses.

How Proposition 36 Changed Criminal Defense in California

California’s criminal laws changed in a big way in December 2024, when voters approved Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act. This measure rolled back parts of an earlier law and made it easier for prosecutors to file felony charges in cases that used to be misdemeanors.

Under Proposition 36, a person with two or more past theft or drug convictions can now be charged with a felony for a theft under $950, instead of a misdemeanor. The law also created a new charge called a “treatment-mandated felony” for repeat drug possession, and it increased prison exposure for people accused of selling drugs like fentanyl, heroin, cocaine, or methamphetamine.

These changes matter even if you have never been in trouble before. Prosecutors can now add up the value of several smaller thefts to try to reach a felony threshold, and judges have new tools to send some drug cases to mandatory treatment instead of jail.

If you are facing a theft or drug charge in Los Angeles or Ventura County, it is worth talking to a defense attorney who understands how Proposition 36 is being applied in local courts, since counties are not all using the new law the same way.

What Cases Can a Los Angeles and Ventura County Defense Lawyer Handle?

The Law Offices of James E. Silverstein has years of experience guiding clients through a wide range of criminal cases. We can provide comprehensive defense counsel for all types of criminal charges, including:

• Violent crime cases: Violent crimes like assault, armed robbery, and homicide are some of the most harshly punished criminal offenses in California. If you have been charged with any type of violent crime, you could face years behind bars if convicted.
• Drug offense cases: Since Proposition 36 took effect in December 2024, California prosecutors have new options to file felony drug charges that used to be misdemeanors, especially for people with prior convictions.Attorney James E. Silverstein can help you understand your exposure under the current law and work to avoid the harshest penalties possible in your drug offense case.
• White-collar crime cases: Business-related crimes of fraud and deception may not be violent, but they are incredibly destructive to the lives of the victims. Our team can handle the most complex financial crime cases, helping you determine your most viable defenses.
• Sex crime cases: California prosecutors tend to pursue conviction in sex crime cases very aggressively, and conviction could mean lifetime registration as a sex offender, among other penalties. We can also help you remove your name from lifetime sexual offenders registry based on new laws.
• DUI cases: Driving under the influence of drugs or alcohol is very dangerous for the impaired driver and everyone around them. These cases are some of the most commonly prosecuted criminal cases in California, and conviction can mean a loss of driving privileges, fines, and incarceration.

These are only a few examples of the types of cases your defense team can handle when you choose the Law Offices of James E. Silverstein to represent you.

What Is a DUI? How Can a Criminal Defense Lawyer Defend a DUI Charge?

A DUI is a criminal offense that occurs when a person drives while under the influence of alcohol or drugs. The penalties for a DUI depend on the circumstances of the offense, but they can range from a misdemeanor to a felony. A DUI can result in jail time, probation, and a driver’s license suspension. A Los Angeles DUI can also result in a higher insurance rate and difficulty getting a job.

California averages about 34,000 impaired-driving crashes every year, and DUI-related crashes caused an average of more than 800 deaths across the state each year between 2023 and 2025, which is why DUI enforcement remains a year-round priority for local police and the CHP.

However, it’s important to note that not all DUIs are treated equally. The severity of the offense and the penalties depend on factors such as the blood alcohol content (BAC), the presence of drugs in the system, the type of vehicle being driven, and whether there were any accidents or injuries.

On occasion, people are unfairly charged with a DUI. This happens in situations where:

• The police officer did not have probable cause to stop the driver.
• The field sobriety tests were not conducted properly.
• The breathalyzer test was not administered properly.
• The driver was not actually under the influence of alcohol or drugs.

In these situations, a skilled and experienced criminal defense and DUI attorney can help you fight the DUI charge by challenging the evidence against you. A Los Angeles criminal defense lawyer can also negotiate with the prosecutor to get the charges reduced or dismissed and ensure that your innocence is preserved.

What Evidence Can Be Used In a Criminal Defense Case?

In a criminal defense case in Los Angeles, CA, the attorney will review all the evidence to determine if there are any holes or ways to attack it. The evidence that can be used in a criminal defense case includes:

• The police report: The police report includes the officer’s account of what happened and any statements that were made by the accused. Sometimes, the officer’s account can be inaccurate or misleading. This can be used to create doubt about the prosecutor’s case.
• The arresting officer’s testimony: The arresting officer will testify about what happened during the arrest. This can be used to challenge the officer’s account of events.
• Witness testimony: Witnesses who saw what happened can provide valuable information that can be used to support the defense and counter the prosecution’s case.
• Physical evidence: Physical evidence can include things like blood tests, DNA evidence, and fingerprints. This evidence can be used to support the defense if it is accurate and properly collected.
• Photographs and Video: Photographs and video evidence can be used to show what happened and challenge the prosecution’s version of events.

What Are the Different Types of Criminal Defenses?

There are many different types of criminal defenses that can be used in a criminal case. The type of defense that is used depends on the facts of the case and the evidence that is available. Some of the most common types of defenses include:

• Alibi: An alibi defense is where the accused can prove that they were not at the scene of the crime. This can be done with witness testimony, video evidence, or other documentation.
• Self-defense: A self-defense claim can be used when the accused can show that they were acting in self-defense when the crime occurred. This defense can be used when the accused was threatened with violence or feared for their life.
• Mistaken identity: A mistaken identity defense can be used when the accused can show that they were not the person who committed the crime. This can be done through different forms of physical and eyewitness evidence.
• Improper police procedure: This defense can be used when the accused can show that the police did not follow proper procedure when they were arrested or when they collected evidence. This can be used to suppress evidence that was improperly obtained.
• Insanity: An insanity defense can be used when the accused can show that they were not in their right mind when the crime occurred. This can be due to mental illness or intoxication.
• Coercion: A coercion defense can be used when the accused can show that they were forced to commit the crime. This can be through threats of violence or other forms of coercion.

Ultimately, there are several avenues to explore with a criminal defense attorney by your side. Any number of these defense positions have already been used to great success in court. The key is working with an attorney you trust to investigate every possibility and build the strongest case possible on your behalf.

Where Los Angeles and Ventura County Criminal Cases Are Heard

Most felony cases from central Los Angeles are filed at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles, a 20-story, 850,000-square-foot courthouse that handles one of the highest volumes of felony filings in the county.

Cases from the San Fernando Valley, including Van Nuys, Sherman Oaks, Tarzana, and Woodland Hills, are generally heard at Van Nuys Courthouse West, the criminal division (Van Nuys Courthouse East handles civil, family, and small claims matters). If your case is in Ventura County, it will typically be filed at the Ventura County Superior Court’s Hall of Justice in Ventura.

Knowing which courthouse will handle your case matters, because each courthouse has its own judges, court culture, and typical case timelines. An attorney who regularly appears in these courts already knows what to expect on your arraignment date, and can help you avoid delays that come from unfamiliarity with local procedure.

Tips for Anyone Who Has Been Accused of Crimes in LA, California

If you have been accused of a crime in Los Angeles County, it is important to take the accusation seriously and seek out legal help as soon as possible. The sooner you start working with a criminal defense attorney, the better. Here are some tips for anyone who has been accused of a crime:

1. Do not talk to the police: It is important to exercise your legal right to keep silent when being questioned by the police. Anything that you choose to say can be used against you in court.
2. Do not post on social media: Anything that you post on social media can be used against you in court. It is important to avoid posting anything online regarding the case.
3. Do not talk to witnesses: It is important to let your attorney handle any contact with witnesses. Talking to witnesses can be tricky, and it is best to leave it to the professionals.
4. Do not miss court: It is important to show up for all court appearances. Missing court can result in a warrant being issued for your arrest.
5. Do not give up: It is important to remember that you are innocent until proven guilty. Never give up, and always fight for your innocence with your attorney by your side.

These are just a few of the things that you should keep in mind if you have been accused of a crime. If you have been accused of a crime, the best thing that you can do is to seek out legal help as soon as possible. A criminal defense attorney will be able to help you navigate the legal system and fight for your innocence.

FAQs About Los Angeles, CA Criminal Defense Law

How Much Do Criminal Defense Attorneys Cost?

The total amount of money that you will spend on a criminal defense attorney will depend on several factors. The severity of the charge, the amount of time that is needed to prepare the case, and the location of the court are just a few of the factors that will affect the cost. In general, it’s best to connect directly with an attorney to discuss pricing, as it can vary greatly. While the overall cost can intimate some, the long-term financial and personal costs will far outweigh the initial investment in securing legal help.

What should I do immediately after being arrested in Los Angeles?

Exercise your right to remain silent under the Fifth Amendment and avoid speaking to police until you have legal representation. Do not post anything on social media, avoid contacting witnesses, and make sure one of your first calls after booking is to a criminal defense attorney.

What types of criminal cases can the Law Offices of James E. Silverstein handle?

The firm handles a wide range of cases including violent crimes (assault, robbery, homicide), drug offenses, white-collar crimes, sex crimes, and DUIs across Ventura County and the greater Los Angeles area.

How can a lawyer defend against a DUI charge?

A defense attorney can challenge whether the officer had probable cause to make the stop, whether field sobriety or breathalyzer tests were administered correctly, and whether the driver was actually impaired — potentially getting charges reduced or dismissed.

What if I can’t afford a private criminal defense attorney?

The Sixth Amendment guarantees your right to legal representation no matter your income. Once the court determines you qualify financially, a public defender is appointed at no cost, though a private attorney can often dedicate more individual attention to your case.

What is Proposition 36 and how could it affect my case?

Proposition 36 took effect in December 2024 and lets prosecutors file felony charges for some theft and drug offenses that used to be misdemeanors, especially for people with prior convictions. An attorney can review your record to see whether the new law applies to your case.

Will a criminal charge show up on a background check?

An arrest or conviction can appear on background checks depending on how the case was resolved and whether records were sealed or expunged. In some cases, an attorney can help you petition the court to clear or reduce a past charge.

How long does a criminal case take from arrest to resolution?

Case length varies widely based on the charge, the courthouse, and whether the case goes to trial. Simple misdemeanor matters can sometimes resolve in a few months, while felony cases can take a year or longer.

What to Expect From a Ventura County and Los Angeles Criminal Defense Attorney

Regardless of your criminal history, it’s understandable to feel distressed and uncertain in the face of any criminal charge in Los Angeles or Ventura County. The outcome of your case has the potential to affect your life in several ways for years to come, and approaching this situation with confidence is much easier when you have an experienced Los Angeles criminal defense lawyer on your side.

The Law Offices of James E. Silverstein will begin handling your case with a comprehensive review of the situation that led to your arrest, including all available evidence and the police report from the incident. We’ll make sure the police followed due process in handling your arrest and booking. Once we have a firm grasp of the situation, we’ll help you determine the best available defenses. Many criminal cases are successfully defended by proving mistaken identity or self-defense.

It’s also possible to beat criminal charges on procedural grounds when police or prosecutors mishandle evidence or make other mistakes with their cases. Our team can help you gather evidence that disproves the prosecution’s evidence, prepare you for each phase of your proceedings, and help you mitigate penalties through plea bargaining if conviction is unavoidable.

If you or a loved one are charged with a crime in Los Angeles or Ventura County, you will have the chance to make phone calls after you complete booking. Make sure one of those calls is to a Los Angeles criminal defense attorney you can trust. If you need guidance for an upcoming criminal case in Los Angeles or Ventura County, contact the Law Offices of James E. Silverstein and schedule a consultation with our team.

Serving Los Angeles and Southern California

When you’re facing serious criminal charges in Los Angeles or throughout Southern California, your freedom, future, and reputation depend on having an attorney with both the experience to handle complex cases and the genuine dedication to fight for clients from all walks of life. James E. Silverstein brings over 20 years of legal experience and thousands of cases to every criminal defense matter, combining sophisticated trial skills honed in Los Angeles Superior Court with the passionate advocacy that comes from truly caring about helping people change their lives—a value instilled by his mother Susan, to whom he has dedicated his entire career.

Based in Calabasas and serving the greater Los Angeles area, James E. Silverstein’s practice is built on unique insights gained from both sides of the criminal justice system. After graduating cum laude at the top of his class from Glendale University College of Law—where he earned over a dozen American Jurisprudence awards for highest grades and published nationally in his school’s law review—James worked as a law clerk for a well-known Los Angeles Superior Court judge, learning firsthand how to effectively represent people during their darkest hours. His subsequent training as a certified law clerk in the Los Angeles County District Attorney’s Office, Bureau of Fraud and Corruption, gave him invaluable knowledge of how prosecutors analyze cases, enabling him to anticipate and counter prosecution strategies with precision. Outside the courtroom, he has volunteered with Project L.E.A.D., a program that teaches Los Angeles-area students about the criminal justice system and the importance of making good decisions.

Whether you’re facing assault charges, arrested for DUI in Los Angeles County, accused of domestic violence, charged with drug crimes, confronting gang allegations, fighting murder charges, defending against sex crime accusations, or dealing with any violent crime prosecution in state or federal court, partnering with a Los Angeles criminal defense attorney who takes considerable pride in representing clients both high-profile and low-profile—especially young adults trying to turn their lives around—and who brings nearly two decades of success in preliminary hearings, trials, post-conviction relief, and appeals can be the difference between a life-altering conviction and the effective defense that protects your future.

Additional Resources

Immigration & Criminal Defense in California

• Motion to Vacate PC 1473.7: How to Vacate a Plea for Lack of Immigration Advisement in California

Domestic Violence in California

• Long-Term Effects of Domestic Violence in California
• Punishment for Domestic Violence in Los Angeles

Sex Crimes in California

• Is AI-Generated Child Pornography a Crime in California?
• What Is Considered Sexual Assault in California?

Assault & Violent Crimes in California

• Assault & Battery Arrest in Calabasas, California: Legal Guide
• Understanding Violent Crimes in California: Types, Charges, and Legal Implications

Murder & Homicide Laws in California

• Penal Code SB 1437: Recent Changes to California Homicide Statutes

General Criminal Defense in California

• Is a Dismissed Case a Conviction in California?
• Most Common Crimes in California
• White Collar Crimes: Financial Fraud & Embezzlement in California
• How Do You Choose a Good Criminal Defense Lawyer in Los Angeles?
• Proposition 36: The Homelessness, Drug Addiction, and Theft Reduction Act (CA DOJ Information Bulletin)

Traffic Violations in California

• Speeding & Traffic Violations 101: Calabasas, California Legal Options