Criminal Defense

The Law Office of Nathan D. Borris, Esq. offers services in criminal defense representation throughout the bay area. Practice areas include but are not limited to DUI, theft, assault and battery, criminal misdemeanors and felonies.

Seeking competent counsel when charged with a crime, no matter how seemingly simple or inconsequential, is a must. In many cases, the District Attorney will try to railroad cases where defendants are not represented by attorneys, either the public defender or private counsel, and urge the defendant to enter a guilty plea. Realistically, the vast majority of individuals charged with a crime, misdemeanor or felony, ultimately "plead out", meaning they plead guilty or no contest to one or more of the charges, in exchange for some level of leniency in sentencing or reduction in charges.

However, before deciding to take an offer from the District Attorney, it is highly advised that an individual speak with a criminal defense attorney who is capable of identifying possible defenses to any allegations or weaknesses in the District Attorney's case. After all, the District Attorney bears the burden of proving the defendant to be guilty beyond a reasonable doubt, so in the event a competent criminal defense attorney identifies a strong enough defense or can poke holes in the District Attorney's case (e.g., lack of evidence, uncredible eyewitness testimony, chain of custody issues, etc.), it may be advisable to try the case and fight the charges.

Furthermore, there are several instances where poor police work or improper compliance with procedure can lead to a dismissal. Law enforcement has a legal duty to comply with strict procedure and honor constitutional rights of the accused, and any breach of that duty may be grounds for recourse. For example, evidence uncovered pursuant to a search unsupported by a warrant or probable cause can be supressed, even if that particular piece of evidence in and of itself implicates the defendant (e.g., unlawful search of a vehicle uncovers methamphetamine; even though possession of methamphetamine is a felony, the evidence itself cannot be used against the defendant, and for lack of other circumstantial evidence that the defendant possessed methamphetamine, the case will likely be dismissed). 

If you have been charged with a crime, please feel free to contact me to arrange a free consultation. At a minimum, I can simply answer any questions you may have.