My client receive an agressive defense only years of courtroom experience can deliver. Defending against criminal allegations or a criminal investigation can be devastating personally, professionally and financially. My goal is to help my clients build the best defense and protect what they have spent a lifetime building. An aggressive defense is frequently the best course to take when facing criminal accusations.
People don't expect to find themselves in contact with law enforcement or criminal investigations. Investigations can go on for months, sometimes even years before the prosecution decides whether or not to file charges. The sooner you hire experienced criminal defense counsel the sooner you can begin defending yourself and protecting what you have spent a lifetime building. The system is often stacked against defendants - you have to start building your own defense as soon as possible.
Law enforcment and the criminal justice system can be intimidating and confusing. The system can seem overwhelming to those unaccustomed to dealing with it. The sooner you seek professional legal guidance the better.
Law enforcment agencies often try to persuade people they're there to help them. The reality is by the time law enforcement speaks with the people they're investigating they have already formed an opinion about what crimes they think occurred and who is responsible. More often than not law enforcment is there to see if they can lure a person into making statements prosecutors will later try to use against them. Law enforcement is not there to help you, talking to them will not make the case go away - no matter what they tell you. Law enforcement is allowed to lie to you in order to persuade you to speak with them. They are also allowed to lie about what other people said or did in order to persuade you to talk with them.
If law enforcement trues to talk to you invoke your right not to talk to them. Tell them "I am invoking my 5th Amendment Right to remain silent". Even after you tell them you want to speak with your lawyer they often will keep questioning you. That's because of a legal decision that allows them to use what you say after invoking in certain, limited circumstances. Invoke your right not to speak to law enforcement and STOP talking. Don't answer questions. Keep insisting on your right to a lawyer and eventually they will stop asking you questions.
Sometimes people have no idea they are under investigation. Law enforcement shows up at the front door early one morning. They execute search warrants or arrest people with no warning. In some circumstances law enforcement can serves subpoena as part of their investigation. Othertimes people received target or subject letters warning them of investigations. Don't try to deal with these situations on your own. Trying to save money by not hiring a lawyer to represent you early on can harm your ability to defend yourself in down the road.
The government can and does form the wrong impression of people and events. Correcting the government's impression almost always requires an attorney’s involvement. Sometimes by getting involved early in the process, when an investigation is just getting started, it's possible to prevent criminal charges from being filed. Other times it's not possible to prevent charges - sometimes the best possible defense is going to trial and defending the charges.
I have tried more than 60 caes to verdict in federal and state court. I have successfully resolved literally hundreds of cases over the past 17 years. I have handled cases with charges ranging from white collar crime to homicide to sexual abuse allegations.
Each client and case is unique, and my approach to each case is different. Developing a thorough defense plan can take weeks or even months. I start building that plan in my office, the very first time I meet a new client. My clients know how we're going to defend their case and, to the extent possible, assist in building their defense. The one thing every one of my clients can be sure of is that they receive the best possible defense.
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|Award name||Grantor||Date granted|
|Best of the Bar||Sacramento Business Journal||2015|
|Northern California Super Lawyer||Super Lawyers||2015|
|Joe Ramsey Award||Eastern District of California||2014|
|Best of the Bar||Sacramento Business Journal||2014|
|40 Under 40||Sacramento Business Journal||2012|
|Making Sense of Science||National Association of Criminal Defense Lawyers||2010|
|Annual Fall Seminar||California Attorneys for Criminal Justice||2009|
|NCDC||National Criminal Defense College||2008|
|Annual Fall Seminar||California Attorneys for Criminal Justice||2007|
|World Universities Debating Championship||Finalist - Internationl Debating Championships||1994|
|of Counsel||Rothschild, Wishek & Sands, LLP||2007 - 2012|
|Attorney||Law Office of Kresta Daly||1999 - 2007|
|Association name||Position name||Duration|
|WEAVVE||Legal Committee||2014 - Present|
|California Women Lawyers||Board Member||2013 - Present|
|United States Supreme Court Bar||Member||2013 - Present|
|1983 Panel||Member||2012 - Present|
|National Association of Criminal Defense Lawyers||Member||2012 - Present|
|Women Lawyers of Sacramento||Member||2010 - Present|
|California Commission on Access to Justice||Member||2010 - 2014|
|Federal Bar Association||Member||2010 - Present|
|California Attorneys for Criminal Justice||Member||2007 - Present|
|United States District Court for the Northern District of California||Member||2006 - Present|
|Schwartz-Levi Inn of Court||Barrister||2006 - 2013|
|Member||United States Court of Appeal for the Ninth Circuit||2000 - Present|
|Sacramento County Bar Association||Member||1998 - Present|
|United States District Court for the Eastern District of California||Member||1998 - Present|
|Theft of Trade Secrets||No proseuction on ITAR allegations|
|Rape Charges Dismissed||Dismissed|
|Public Official Accused of Embezzlement||No time misdemeanor|
|See all legal cases|
|Sacramento Business Journal||Best of the Bar||2015|
|Criminal Law Sex Crimes Sacramento||Sacrmento Criminal Defense Blog||2014|
|Sacramento Business Journal||Best of the Bar||2014|
|Wiley Publications||Forensic Child Psychology||2014|
|Barth Daly, LLP||White Collar and Sex Crimes Blog||2012|
|Sacramento Business Journal||40 Under 40||2012|
|Mercer University - Walter F. George School of Law||N/A||Trial Practice||2008|
|University of Birmingham||History||Exchange Student||1994|
|University of California - Davis||Rhetoric||BA - Bachelor of Arts||N/A|
|McGeorge School of Law, University of the Pacific||Law||JD - Juris Doctor||N/A|
|University of California - Davis||History||BA - Bachelor of Arts||N/A|
|KCRA News||Identity Theft||2015|
|KCRA||Sex Offender Residency Restrictions||2015|
|Women Lawyers||Sex, Drugs and Money: What Civil Litigators Need to Know About Criminal Laws||2014|
|Private Law Firm||Criminal Law For Civil Litigators||2013|