Criminal Defense Overview

Mark Daniel Melnick, Attorney at Law, is an experienced criminal defense lawyer who provides excellent, effective representation to clients in Los Angeles, Orange or Ventura County charged with any state or federal felony or misdemeanor offense, from driving under the influence to murder. From our office in Encino, we cover the whole San Fernando Valley and Santa Clarita Valley, and neighboring communities in Southern California. With over 30 years in the practice of law, we have tried thousands of cases of virtually every kind of criminal offense, including the following types of crimes:

• Driving Under the Influence (DUI)
• Property/Theft Crimes (Shoplifting, Burglary, Larceny)
• Domestic Violence
• Threats/Stalking
• Financial/White Collar Crimes (embezzlement, forgery, securities fraud)
• Sex Crimes (sexual assault, rape)
• Prostitution/Solicitation
• Drug Crimes (Possession, Sales)
• Burglary
• Kidnapping
• Assault
• Murder/Homicide

The following overview is meant to give you some basic information about your rights in the criminal justice process. Also see our Criminal Law FAQs page for more information. If you have a specific question or need immediate and advice and representation, contact our office.

When Do You Have the Right to Remain Silent?

If you are in a "custodial interrogation," meaning that you have been arrested or are otherwise not free to leave, you should not be questioned by the police until you have been advised of your "Miranda" rights. Even if not in custody, you should be free to refuse to answer all but the most basic questions. We strongly urge you to remain silent and request an attorney in these situations. Asking for an attorney will put an immediate end to any interrogation and will protect you from unknowingly giving up important rights, making devastating strategic or tactical errors in your case, or providing information that helps the police build their case against you.

You have probably heard the phrase, "Anything you say can and will be used against you." When the police are asking you questions, whether you have been arrested and are in custodial interrogation, or are merely stopped on the street, it is not for a friendly chat. The police are not "just trying to clear something up." They are trying to elicit an incriminating statement from you that can later be used against you. Police are trained and skillful at this practice. When you speak to the police, you may think that you have nothing to hide and are helping to remove any suspicion about yourself, but chances are the police will find a way to use your words against you. The best thing you can say (and nine times out of ten the only thing you should say) when questioned by the police is, "I want to see my lawyer."

Challenges and Defenses

There may be many defenses available in any given criminal prosecution. Often times, the conduct and procedure of the police may be successfully challenged. For instance, was the police's observation or identification made under dark or dimly lit circumstances? Was the initial stop justified at its inception? Was any search justified at its inception, and did the scope of the search stay within constitutionally permissible bounds? Were Miranda warnings given when required, and were those rights respected? The U.S. Constitution sets boundaries on when and how people can be arrested and searched. When these rights are violated, you may be able to have the evidence suppressed or have the charges dismissed or other have legal remedies available.

It is the job of the prosecutor to prove every element of the crime and link it to the defendant, and to establish guilt beyond a reasonable doubt to a unanimous jury. Anything less and the prosecution has not met its burden. We leave no stone unturned in exercising every right and utilizing every available defense. Part of our job is forcing the prosecution to do theirs, and revealing when they can't.

Criminal Law and Criminal Procedure

Successful representation requires more than just knowing the law. It requires a thorough familiarity with criminal procedure and the prosecutors and judges whom you may face in the courtroom. At every step of the proceedings, from arrest to arraignment and bail, plea negotiations or trial, important decisions can be made and steps taken that can dramatically affect the outcome in your case.

The difference between having a lawyer who is knowledgeable about the law versus one who is also familiar with criminal procedure after decades of practice, is the difference between waiting in jail while your trial is pending or spending the time at home with your family. It is the difference between having the charges dismissed or living with a criminal record for the rest of your life. It can be the difference between walking out of court, accepting probation or alternative sentencing, or spending years in prison.

Seek Experienced Legal Representation

Dan Melnick has tried thousands of cases in the courts of Southern California. He is known and respected by the prosecutors and judges who will be deciding your fate. Dan Melnick knows how to prepare a strong defense and work within the system to achieve the best possible results for his clients. If you have been arrested for a misdemeanor or felony offense in Los Angeles, Ventura, or Orange County, contact Mark David Melnick, Attorney at Law.