The Roles of Trial Personnel in Orange County

Motions for Enforcing the Right to Effective Counsel

Under the Sixth Amendment of the United States Constitution, any citizen accused of a criminal offense has the right to a fair trial. In order to ensure that justice is carried out through criminal proceedings, each party involved in the process must take reasonable measures to ensure that justice is administered without violating any rights. If any individual fails to do so or conflict arises, motions can be submitted to remedy the situation.

At The Law Office of Barney B. Gibbs, our Anaheim criminal defense lawyer is dedicated to advocating for the rights of the accused. Attorney Gibbs has been rated AV Preeminent® by Martindale-Hubbell®, an accolade that showcases his dedication to excellence and his efficiency in defending his clients. This recognition was gained through 30 years of successful representation, including the handling of more than 2,500 criminal cases. You can trust that our firm has the experience and reputation you need to build an aggressive defense.

A Defendant's Right to Counsel

Every individual who is charged with a criminal offense is entitled to effective representation from legal counsel to ensure that his or her rights are protected. A defendant has the right to choose their own counsel and may also submit a motion to have their lawyer replaced during the trial. However, a judge may deny this if he or she feels that it will cause unnecessary delays or disrupt due process and the administration of justice.

In the event that a defendant is unable to attain private counsel, he or she can submit a motion for an attorney can be appointed by the courts on the grounds of indigence (inability to pay). While it is understandable that finances may be too tight, a public defender may not be able to provide the same level of effective counsel as a private attorney. Choosing your own counsel is beneficial because a private attorney is more likely to make your best interests a priority.

Disadvantages of public defenders include:

  • Unlike a private attorney who selects which cases to represent, a public defender is handed cases that he or she may have little interest in.
  • Public defenders have heavy case loads, which means little time to devote to you.
  • They do not have the same access to research equipment, tools, and assistance
  • Public defenders are often young and inexperienced lawyers trying to get their foot in the door.

In order to ensure that each defendant can take advantage of their right to choose counsel, The Law Office of Barney B. Gibbs offers flexible payment plans and financing options. Our Anaheim criminal attorney believes in the importance of a fair trial for every individual who has been accused of a criminal offense.

Understanding Personnel Roles

Besides a defendant's attorney, there are other individuals whose participation in criminal proceedings may impact the outcome of a trial. For example, a prosecutor has the responsibility of filing criminal charges against an individual when he or she has reason to believe that person committed a criminal act. However, a prosecutor must not abuse this authority by punishing a person based on personal or unconstitutional reasons. The defense can submit a motion challenging a prosecutor's motive for filing charges if they believe they were not filed in good faith.

Expert witnesses can also influence criminal proceedings and must ensure that their analysis is scientifically sound. These witnesses can be advantageous for defendants, but they are paid witnesses. If you are indigent, you can submit a motion to have the court order the county to pay expert witnesses. Additional motions can be submitted to ensure witnesses hired by the prosecution are not providing biased or subjective testimony.

Finally, in cases where the judge of the case is disqualified for reasons of bias or prejudice, a commissioner may preside over a hearing, provided that both parties are aware and do not object and that he or she is not deciding any other issues involved in the case. A commissioner may send out advisory letters and disciplinary actions, but they must comply with the law and be absent of bias. Motions can be brought against any commissioner, temporary judge, or referee that violates justice, an act that is punishable by jail time.

Have 30 Years of Experience on Your Side

Take advantage of the right to choose counsel, and choose the efficiency and experience of The Law Office of Barney B. Gibbs. Our Anaheim criminal defense lawyer is passionate about the rights of the accused. He will make himself available 24/7 to help ensure that no party involved in your proceedings violates your right to a fair trial.

Choose a lawyer who will fight for you. Call us today for your free consultation!