Morris & Giacinti LLP is a private criminal defense law firm committed to providing the highest level of legal representation to individuals facing criminal charges. We represent clients in all stages of criminal and juvenile proceedings, including pre-indictment investigation, pre-trial proceedings, probation revocation proceedings, at trial and on appeal. If you are under investigation or have been charged with criminal offense, our lawyers can help explain the charges and properly defend against them. Please call (415) 848-9130 for a free initial consultation.
Our lawyers possess broad experience in criminal practice having represented clients at the trial and appellate levels in both state and federal court. We combine our knowledge of the law, our experience, and our passion for defending individual rights to provide the most aggressive, personalized, effective representation possible.
We understand that that being accused of any crime is a very serious matter and facing criminal prosecution can be a very stressful potentially life-altering experience. Adding to the stress of criminal prosecution is the fact that the criminal process can be both confusing and intimidating. We take seriously our responsibility to not only provide excellent legal representation to our clients, but to help our clients understand the legal process that can so profoundly effect their lives. We have learned through experience that every client has unique concerns and desired outcomes and we therefore take the time and make the effort to understand each client's situation at a personal level and develop a specialized, determined and effective case strategy to advocate for our clients and obtain the best possible outcome in every case.
Morris & Giacinti LLP practices law criminal defense in all Bay Area counties, including San Francisco, Alameda, Contra Costa, San Mateo, Santa Clara, Santa Cruz, Marin, Sonoma, Napa, and Solano.
Personalized Representation
Our goal is to minimize the negative effect that criminal prosecution can have on our clients’ lives. We know that every client has unique needs and concerns that we must understand in order to determine what is the best possible outcome in any given case. Therefore, we spend time working with and listening to our clients to provide responsive, personalized service that focuses on our clients’ needs and the important facts in their particular case. We are also committed to educating our clients at every stage of the game. Inevitably, a person facing criminal charges will have to make critical decisions that can will impact their case and their lives in important ways. While we rigorously defend our clients in court, we carefully guide them through what can often be a frightening, complex and at times overwhelming system.
ompassion and Discretion
We understand that not only is it extremely stressful to be accused of a crime but it is also a situation that our clients are often embarrassed and ashamed to find themselves in. Therefore, it is our policy to handle our clients’ matters with as much discretion as possible to minimize the impact that and arrest or prosecution may have on their personal lives.
Early Intervention Coupled With Aggressive Defense
If a client approaches us early enough in their case, we are sometimes able to prevent criminal charges from ever being filed. Often, the only information the district attorney possesses when deciding whether to file charges is the information contained in the police report. That information is usually incomplete – there may be defense witnesses or additional information, which if known, could influence the prosecutor’s decision whether to file charges. We take action to prevent charges from being filed whenever possible. If a client is charged, we work tirelessly and aggressively on their defense, investigating government witnesses, challenging the government’s allegations, excluding potentially damaging evidence, building affirmative defenses.
CRIMINAL DEFENSE
Morris & Giacinti LLP represent misdemeanor and felony defendants at all stages of criminal proceedings in state and federal court, including pre-indictment investigations, grand jury proceedings, preliminary hearings, negotiations, trial, probation revocation proceedings, parole hearings and on appeal. We provide representation in virtually every area of criminal law and in civil proceedings that arise as a consequence of criminal charges. We represent clients in virtually every type of criminal case, from simple battery to complex white collar crimes. Regardless of the nature of the allegations, we are wholly devoted to protecting our clients’ rights. Our areas of expertise include:
- ASSAULT/BATTERY
- BURGLARY
- CRIMINAL TERRORIST THREATS
- DRUG OFFENSES
- JUVENILE DELINQUENCY
- DUI/DWI
- DOMESTIC VIOLENCE
- EMBEZZLEMENT
- FRAUD
- MANSLAUGHTER / MURDER
- RAPE
- RESTRAINING ORDERS
- ROBBERY
- STALKING
- THEFT
- THREE STRIKES
- TRAFFIC OFFENSES
- TRESPASS
- VANDALISM
- WEAPONS CHARGES
- BRIBERY
- COMPUTER CRIMES
- COUNTERFEIT
- FORFEITURE
- MAIL/WIRE FRAUD
- FALSE STATEMENTS
- FORGERY
- PERJURY
- MONEY LAUNDERING
- RICO/ORGANIZED CRIME/GANG RELATED OFFENSES
- PAROLE REVOCATION/PROBATION VIOLATIONS
JUVENILE DELINQUENCY
When a minor commits a criminal act, the state may file a petition to bring the minor within the jurisdiction of the juvenile court. Although these proceedings are considered civil proceedings, in reality they have similar consequences and similar procedures to those applied at the adult level. We represent minors accused of criminal conduct and are versed in the unique procedures applied in the juvenile court system.
JUVENILE DEPENDENCY
Dependency is a specialized area of the law that directly affects your right to parent your children without state intervention. We are well versed in the complexities of dependency law and have extensive experience representing clients in dependency proceedings. While legal expertise in this area is important, we also provide compassionate, discrete representation because we know that involvement in the dependency system is an overwhelming, traumatic, and frightening experience. With our combination of expertise and individualized representation we will help you resolve the matter as quickly as possible and with as little government intrusion into your family life as possible.
APPEALS & WRITS
While various procedures and evidentiary rules aim to ensure the fairness of criminal proceedings and protect the individual’s right to a fair hearing, a neutral judge, and competent representation, there are many opportunities throughout the course of a criminal prosecution for the judge, the jurors or the lawyers to make mistakes. Whether such errors are intentional misconduct or purely inadvertent, they can drastically and unfairly impact the outcome of a case. Through the appellate process, errors at the trial level may be remedied. Criminal defendants have a right to ask a different, higher court to review the trial or sentencing proceedings for error. Where the reviewing court finds error, a conviction may be reversed and the appellate court may order a re-trial or re-sentencing.
The appellate process is complex process, which requires specialized knowledge of both criminal law and appellate procedure. Our lawyers are experienced appellate lawyers who have represented clients on appeal in the California Courts of Appeal and the Ninth Circuit Court of Appeals. If you are concerned that errors may have occurred at trial or sentencing please contact us to discuss your case.
We also represent clients in habeas corpus proceedings.
PROBATION REVOCATION PROCEEDINGS
EXPUNGEMENTS / CLEARING YOUR RECORD / SEAL AND DESTROY
A criminal conviction can continue to impact your life long after a sentence has been served. Expungement can remove hurdles to gainful employment, professional licenses, and bring closure and emotional relief. Depending on the circumstances of your conviction and sentence, we can petition the court for an expungement – asking it to set your conviction aside and dismiss the original complaint against you. In the case of certain felony convictions, we may also be able to get your felony conviction reduced to a misdemeanor and then seek to have the misdemeanor conviction expunged. Typically, a client will have completed their term of probation before we seek an expungement. However, in some cases, we may petition the court to terminate probation early before seeking an expungement.
Expungements are not available to persons sentenced to state prison or under the authority of the Department of Corrections and Rehabilitation. Nevertheless, those who have served prison terms may have other options available to them. For example, ex-prisoners may file a petition for Certificate of Rehabilitation and Pardon.
If you were arrested but were never charged, if your charges were dismissed in court, or if you were acquitted by a jury, your arrest record – the police reports, finger-prints, booking photos—do not just go away. These crime reports remain on file indefinitely with the police agency and the Department of Justice. We can petition the court to declare you “factually innocent” and to order the arrest records sealed and destroyed. After successfully getting the arrest record destroyed, the police agency must seal the arrest records for three years and thereafter purge and destroy the arrest records.
MORRIS & GIACINTI
899 Ellis Street
San Francisco, CA 94109
Tel (415) 848-9130
Fax (415) 683-3176
info@mandglegal.com
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Misdemeanor