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It is important that you contact us as soon as possible if you are facing criminal charges. Let the experienced criminal defense attorneys at Hammerschmidt Law Corporation protect your rights.
Very few victims in criminal cases hire their own attorney, and most victims don’t even know this is an option. They often think that the prosecutor represents them and is their attorney. The prosecutor (a Deputy District Attorney) represents the People of the State of California. They do not represent individual victims and there is no attorney-client privilege when a victim speaks to a prosecutor or the prosecutor’s investigator. It is exceedingly rare that a prosecutor takes the time to explain the victim’s rights law. Under Marsy’s Law, which became the law in California in 2008, victims have numerous rights in criminal prosecutions, a few of which include:
These rights are not asserted by most victims. When our firm represents victims, we send a letter to the prosecutor, to the court, and to the probation department, that asserts all victim rights available under Marsy’s Law. And we are regularly in contact with prosecutors. We all or some of the court hearings based upon our client’s request. We can object to the court regarding a plea bargain that we believe is unfair to our client, and the judge can refuse to accept a plea bargain for that very reason. On cases that are set for sentencing and the judge has discretion in the sentence to be imposed, we can file a sentencing brief with the court, we can argue to the court, and we can assist the client in preparing a written and/or oral statement to the court. In addition, we can make a specific request regarding an order of money to be paid to the victim (called restitution). If the defendant is sent to prison, a large percentage of any money that family members put on the defendant’s books is set aside and paid to the victim in restitution. In appropriate cases, we can refer the client to a civil attorney to file a civil lawsuit against the defendant.
Hammerschmidt Law Corporation's criminal defense attorneys are located in Fresno, CA and serve Central California clients, including those in Fresno, Kings, Madera, Tulare, Merced and Stanislaus counties. We are available to represent clients in all federal courts in the United States. Attorney Advertising: This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.