Criminal Law

Criminal Defense

Effective representation in a criminal investigation or prosecution requires not only knowledge of criminal statutes and rules, but also long-time experience with the offices and agencies that enforce them. In the case of organizations, it also requires lawyers who know how to cooperate effectively, launch a vigorous defense, and when to do one and not the other.

McManis Faulkner represents clients at every stage of criminal proceedings, in all areas of criminal law. When we are first brought into a criminal investigation, our attorneys work as a team to investigate the facts thoroughly and promptly to advise the client through every phase. Our reputation for mounting a forceful criminal defense emanates from our rigorous investigation and preparation before trial and persuasive legal arguments in court.

Firm attorneys have extensive experience defending federal and state white collar criminal cases, and representing individuals, small businesses, and public companies and their officers, shareholders and employees. We also serve as counsel to individuals under investigation who have not yet been charged.

No matter what the case, our goal remains the same: to protect and vindicate our clients.

 


Case Studies

Criminal Law Case Studies

Sleep Disorder

Result:
Dismissal of all criminal charges

Client:
Software Engineer

Overview:The client was arrested and charged with assault (domestic violence) after striking his wife while the couple was sleeping. After having the client seen by a medical specialist, McManis Faulkner presented evidence to the District Attorney that the client suffered from a diagnosed sleep disorder that caused the incident. There was no other history of violence in the relationship, and further evidence was presented to the District Attorney and the Court that the client was being treated for his condition. The District Attorney agreed to dismiss the charges in full in the interest of justice.




Petty Theft or Felony Theft

Result:
Plea bargain to a misdemeanor for petty theft with no prison time after client charged with felony grand theft.

Client:
Stanford student

Overview:

The client was arrested and charged with felony grand theft. McManis Faulkner contacted the victims of the theft and entered into civil compromises with both parties after appropriate restitution was made. The District Attorney allowed the client to plead to misdemeanor petty theft, with 18 months probation and 250 hours of community service. The client did not have to serve any prison time.




Reckless Driving

Result:
Plea bargain to an infraction after reckless driving charge

Client:
Son of Silicon Valley Company Founder

Overview:

Client was stopped and ticketed for excessive speed (more than 115 mph) and reckless driving (a misdemeanor). Client contended the vehicle was incapable of exceeding 100 mph and would not agree to any misdemeanor plea. McManis Faulkner retained an expert on automotive speed governors and tested the car at Infineon Raceway to determine its ability to exceed 100 mph. Tests demonstrated the car could not exceed 98 mph.

On the day of trial, after the test results were presented to the District Attorney and the Court, the client was offered and accepted a plea to an infraction of simple speeding. The client’s license was not suspended and no probation was required; the client only paid a modest fine.
 




Felony Defense

Result:
Obtained favorable no jail sentence for client accused of theft of more than $1 million.

Client:
Owner of a construction company

Overview:

A trustee, appointed to oversee his deceased friend’s trust for the benefit of his minor children, diverted to his failing business more than $1 million in proceeds from a life insurance policy payable to the trust. The client was also accused, in a separate civil action, of misappropriating funds from the decedent’s business, which was operated by the trustee after his death. The client was charged with three felonies for theft of the life insurance proceeds and with perjury for lying to the Court in trust accountings. McManis Faulkner obtained a sentence for the trustee that included no prison time on the three felonies and dismissal of the criminal charges after reaching a favorable settlement of the civil action.