San Diego Criminal Defense Lawyer

Punishments in San Diego criminal cases can be harsh and lead to dire consequences. A conviction can mean jail or prison time, but it can also follow you long after the sentence ends — affecting employment, professional licensing, immigration status and gun rights. Because California criminal law carries real complexity at every stage, it matters to have an experienced criminal defense lawyer by your side from the earliest possible moment.

If you or someone you love has been arrested, is under investigation, or has already been charged, Marc Kohnen is ready to stand in your corner. This page explains how criminal cases move through the San Diego courts, what a defense lawyer does at each stage, and what to expect when you work with the Law Office of Marc S. Kohnen.

Why San Diego Clients Trust Marc Kohnen With Their Defense

For more than a decade, people across San Diego County have trusted Marc with everything from misdemeanor first offenses to serious felonies and high-profile white-collar matters. His reviews on Yelp, Google and AVVO reflect what clients say in person: he prepares thoroughly, communicates honestly and treats every case as if it were going to trial.

Marc handles each case with close attention to detail and a focus on the outcome that matters for that client — a dismissal or acquittal, a reduction, a diversion program, or a resolution that protects a career or immigration status. There is no one-size-fits-all defense, and when you hire the firm, you get Marc — not a rotating cast of associates.

How a Criminal Case Moves Through San Diego Superior Court

Most people facing charges for the first time have no idea what comes next, and the uncertainty is often worse than the process itself. While every case is different, criminal cases in San Diego generally follow a predictable path — and knowing where a defense lawyer can change its direction takes much of the fear out of it.

Arrest, Investigation and the Filing Decision

A case usually begins with an arrest or a police investigation — but an arrest is not a charge. After police forward their reports, a prosecutor — usually the San Diego County District Attorney's Office, or the City Attorney for many San Diego misdemeanors — reviews the case and decides whether to file charges, what charges to file, and at what level.

This issuance review is one of the most valuable and least understood windows in the entire process. A defense lawyer who gets involved before charges are filed can sometimes present evidence, context or mitigation directly to the reviewing prosecutor — and in some cases that means reduced charges or no filing at all. If you have been arrested or contacted by detectives but have not yet been to court, that is precisely the moment to call.

Arraignment and Bail

Arraignment is the first court appearance: you are formally advised of the charges, enter a plea — almost always not guilty at this stage — and the court addresses custody. For someone in custody, California law generally requires arraignment within roughly forty-eight hours of arrest, excluding weekends and court holidays.

At arraignment the court also considers bail, release on your own recognizance (often called OR release), and any conditions of release. In cases involving alleged victims, the court will typically issue a protective order, which can restrict contact with family members or even require you to move out of your own home. A defense lawyer who is prepared on day one — with information about your employment, community ties and background — can argue for release terms you can actually live with while the case is pending.

The Preliminary Hearing in Felony Cases

In felony cases, the prosecution must show a judge there is probable cause to believe a crime was committed and that you committed it. This happens at a preliminary hearing, where witnesses testify under oath and the defense can cross-examine them. The burden of proof is low at this stage, but the hearing still matters: it locks in testimony, exposes weaknesses, and sometimes results in charges being reduced or dismissed outright. An in-custody defendant generally has a right to a preliminary hearing within ten court days, though that right is often waived strategically to let the defense investigation develop first.

Pretrial Motions: Suppression and Dismissal

Between the early hearings and trial, much of the real work happens in motion practice. Two motions come up again and again in California courts. A motion to suppress under Penal Code section 1538.5 asks the court to exclude evidence obtained through an unlawful search or seizure — a traffic stop without cause, a search without a valid warrant or exception, a coerced consent. If key evidence is suppressed, the case against you may collapse.

In felony cases, a motion to dismiss under Penal Code section 995 asks the court to throw out charges not supported by the evidence at the preliminary hearing. Other motions address discovery disputes, unlawfully obtained statements, and what evidence a jury will hear. Each successful motion narrows the case the prosecution can present — and changes the negotiating landscape.

Negotiation, Trial and Sentencing

Most criminal cases resolve without a trial, but how they resolve depends on how the case has been worked up. A prosecutor weighs a plea offer against the risk of losing at trial. When the defense has investigated the facts, consulted experts where appropriate, litigated the motions and made clear it is ready to pick a jury, the calculus changes. That is why trial experience matters even in cases that settle: negotiation leverage is built, not asked for.

If the case does go to trial, the prosecution must prove every element of every charge beyond a reasonable doubt to a unanimous jury. If there is a conviction — by plea or verdict — the case moves to sentencing, where the defense presents the mitigation that argues for probation, alternatives to custody, or the low end of the available range. Sentencing advocacy is its own discipline, and it can be the difference between custody and a second chance.

Felonies, Misdemeanors and Wobblers

California divides crimes into three broad categories. Infractions, like most traffic violations, are punishable only by fines. Misdemeanors carry up to a year in county jail. Felonies are punishable by more than a year and, for the most serious offenses, by state prison. The classification drives everything else — the procedures that apply, the collateral consequences, and the realistic range of outcomes.

A large number of California offenses are wobblers: crimes the prosecution can charge either as a felony or as a misdemeanor, including certain theft, fraud, assault and domestic-violence-related offenses. Because the charging decision is discretionary, it can be influenced — by early advocacy, mitigation, and the strength of the defense. Even after a felony wobbler conviction, Penal Code section 17(b) allows the court to reduce the offense to a misdemeanor in appropriate cases, restoring rights and changing how the conviction reads on a background check. Whether a charge is a wobbler, and whether reduction is realistic, is one of the first questions Marc analyzes in a new case.

What a Pending Case Means for Your Daily Life

Court dates are only part of the burden. A pending case reaches into ordinary life in ways people rarely anticipate. You may need time off work for appearances — though in most misdemeanor cases — and, with a written waiver approved by the court, at many routine felony hearings — a lawyer can appear on your behalf under Penal Code section 977, so you do not miss a shift for every court date. A protective order can bar contact with a spouse or keep you out of your own home. A DUI arrest triggers a separate DMV process, with its own short deadline and license consequences that run independently of the criminal case. Professional licenses, security clearances and immigration status can all turn on how — and how quickly — a case is handled.

Part of a defense lawyer's job is managing these collateral fronts while the case proceeds: seeking modification of protective orders where appropriate, coordinating the DMV side of a DUI, and structuring any resolution to protect your livelihood. If you tell Marc what you stand to lose, he builds the defense around protecting it.

What Your Defense Lawyer Is Actually Doing

From the outside, a criminal case can look like a series of short court appearances. The real work happens between them. Defense investigation means visiting the scene, interviewing witnesses the police never spoke to, pulling surveillance footage before it is erased, and subpoenaing records the prosecution did not gather. Discovery review means going through police reports, body-camera footage, lab results and digital evidence line by line, looking for the inconsistencies that become cross-examination.

In the right case, the defense consults its own experts — on forensics, blood-alcohol science, cell phone data or mental health — to test the prosecution's evidence rather than accept it. Motion practice turns police errors into excluded evidence. And through all of it, your lawyer manages the relationship with the prosecutor: knowing which arguments land, which mitigation matters, and when to push toward trial rather than accept an offer that undervalues the defense. Marc does this work himself, and when he negotiates, he speaks as the attorney who will actually try the case.

Where San Diego County Cases Are Heard

The San Diego Superior Court hears cases in divisions across the county, and your case is generally assigned to the courthouse serving the area where the alleged offense occurred. Central-region cases are typically heard downtown, including at the Hall of Justice. South Bay cases — Chula Vista, National City, Imperial Beach — are heard at the South County courthouse in Chula Vista; North County cases, from Oceanside and Carlsbad to Escondido, in Vista; and East County cases, including El Cajon, Santee and La Mesa, in El Cajon.

Each courthouse has its own judges, its own assigned prosecutors and its own rhythms. Marc has defended clients across the divisions of the San Diego Superior Court, and that local familiarity — knowing how a particular calendar runs and how a particular office evaluates cases — is a quiet but real advantage.

After the Case: Cleaning Up Your Record

Resolving the case is not always the end of the work. California law provides several tools for limiting a conviction's long-term effect. Expungement under Penal Code section 1203.4 allows many people who have completed probation to withdraw their plea and have the case dismissed, changing what most private employers can see and consider. For many eligible convictions, California now grants comparable record relief automatically through the Department of Justice, without a petition — though cases the automated process misses can still be pursued the traditional way. Penal Code section 1203.3 permits a court to end probation early when circumstances justify it — often a step toward expungement and reduction. A 17(b) reduction can precede or accompany expungement, and for older felony records, a certificate of rehabilitation is a formal court finding of rehabilitation and a step toward a governor's pardon.

Eligibility for each of these remedies depends on the offense, the sentence and your record since, so no general description substitutes for a case-specific review. If an old case is still holding you back, it is worth a conversation — relief may be available that was not when your case closed.

Schedule a Confidential Consultation

A criminal charge alone can cause anxiety and panic. Having defended people in San Diego for more than a decade, Marc understands the situation you're going through — and the hesitancy people often feel about contacting a criminal defense lawyer. Questions about confidentiality deserve a straight answer: everything you tell Marc in a consultation is protected by the attorney-client privilege, whether or not you hire him.

Although you might be handed off to junior partners or assistants at other law firms, that's not how the Law Office of Marc S. Kohnen works. You meet with Marc one-on-one, he walks you through the whole process, and he keeps you informed about the defense strategy at every stage. Every meeting is held in complete confidence, which gives you the freedom to speak candidly — and candor is where a real defense begins.

How Much Does a Professional San Diego Criminal Defense Lawyer Charge?

It's understandable to worry about the fees of an experienced San Diego criminal defense lawyer.

At the Law Office of Marc S. Kohnen, we know emotional stress isn't all you're undergoing. Financial stress can pile up as well if you end up hiring an expensive criminal defense attorney. That's where Marc stands out: the initial consultation is free and confidential, most case types are handled on a transparent flat-fee basis rather than open-ended hourly billing, and payment plans are available. What your defense costs depends on the severity of the charge and the stage of the case — after the free consultation you'll know exactly where you stand before you commit to anything.

A Criminal Defense Lawyer the National Press Turns To

Marc's cases and commentary have been broadcast on national and international television — from CNN to the Washington Post — and covered by every San Diego station.

Over the years, he's put that experience to work fighting for the freedom of people tangled in the intricacies of California law. From the initial consultation to the day your case resolves, you deal with Marc directly — one attorney who knows your file, start to finish.

Common Questions About Criminal Defense in San Diego

These are the questions people ask most often in a first consultation. If yours isn't here, call and ask it.

Do I need a lawyer if I'm innocent?

Yes — arguably more than anyone. Innocent people are charged, and sometimes convicted, often because they assumed the truth would speak for itself: they talk to detectives without counsel, consent to searches, try to explain — and those statements get reshaped into evidence. Innocence is not a strategy; it has to be made persuasive through investigation, cross-examination and advocacy. If you did nothing wrong, stay silent and let a lawyer do the talking.

Should I use a public defender or hire a private attorney?

San Diego's public defenders include genuinely skilled, dedicated trial lawyers, and if you cannot afford counsel you should absolutely accept appointed representation rather than face charges alone. The structural difference is not talent — it is time and choice. Public defenders carry heavy caseloads and are assigned to you, and the same attorney may not handle every stage. Hiring privately means choosing the lawyer who will handle your case personally, with the time to get involved early — including before charges are filed, a window appointed counsel usually cannot cover because appointment happens at arraignment.

How much does a criminal defense lawyer cost?

There is no honest single number, because the answer depends on the charge, the court, the complexity of the evidence and how far the case is likely to go. A straightforward misdemeanor costs far less to defend than a multi-count felony heading to a preliminary hearing and motions. What Marc can promise is transparency: a flat fee quoted up front for most case types, payment plans where needed, and no surprise bills. You will know the full cost before you commit.

Will this stay on my record forever?

Not necessarily. Many cases end without a conviction at all — through dismissal, acquittal or diversion. Where there is a conviction, California offers post-conviction remedies including expungement, 17(b) reduction and certificates of rehabilitation, described above. California now also grants automatic record relief for many eligible convictions without any petition, though other remedies must be requested and eligibility rules apply — but the record you are worried about today is often more repairable than you think. Marc plans for the record consequences from the first day of a case, not the last.

Being Accused Isn't the End of the Road. Call Today to Reclaim Your Freedom.

Innocent until proven guilty. That's the philosophy Marc holds on to while taking any case. Apart from building a strong defense, Marc makes it a point to reassure his clients that an accusation is not a conviction — the prosecution must prove every element beyond a reasonable doubt. Even when the evidence is difficult, skilled negotiation and pre-trial motion work can mean reduced charges, diversion or dismissal rather than the worst-case outcome. Marc's client list over the years has included public figures and entertainment-industry clients whose cases demanded absolute discretion — the same discretion every client of the firm receives.

So, why not for you as well? At the Law Office of Marc S. Kohnen, we will stop at nothing until you can reclaim your right of freedom and reputation.