I am a criminal defense attorney. The only type of cases I will accept are criminal defense cases and DUI defense cases.
I have extensive experience handling DUI/driving under the influence of alcohol and/or drugs, public intoxication, theft, domestic violence, assault, battery, vandalism, Vehicle Code violations, and many other types of criminal cases. For the first three years that I was licensed as an attorney, I worked for the Public Defender's Office in Santa Barbara County. I handled a lot of cases in those three years and it was an incredible learning experience.
Since 2009 I have been in private practice. I want to put my knowledge and skills and talent to work for you, the people who hire me.
I have actual trial experience, trying criminal defense and DUI cases. There are a lot of attorneys in California who want to represent you in your criminal or DUI case, but some of those attorneys have never even tried a single case. I have successfully resolved many, many hundreds of cases. I have set dozens and dozens of cases for trial, but only nine of those have gone to trial. (As of April 2013) The rest received very good settlement offers or even dismissals on the eve of trial, so we didn't go to trial. Of the nine cases I took to trial, six were jury trials, and three were "court trials" with a Judge only, no jury. Of those nine cases, five resulted in Not Guilty verdicts, Not Guilty of all charges. One case resulted in a Hung Jury/Mistrial, where the jury could not agree on a unanimous verdict.
If you might consider taking your case all the way to trial, ask potential attorneys how many cases they have tried and what their "stats" are. Many attorneys will probably tell you that they "don't keep track," but perhaps the reason they don't keep track is because they don't win a high percentage of their cases? That is, if they've even ever taken a case to jury trial as a defense attorney. I think there is a big difference between trying cases as a prosecutor and trying cases as a defense attorney. Defending people is all I've ever done, through my whole career as an attorney. It's what I want to do.
A client told me recently that he had been trying to decide between hiring me and hiring a defense attorney who used to be a prosecutor. "That other attorney, he used to be a proseuctor, so he knows all the prosecutors, and they're his friends." The client thought that was a good thing -- that other attorney, the former prosecutor, he's friends with the current prosecutors. But is that a good thing? The former prosecutor, he's used to prosecuting cases, and he's going to look at your case as a prosecutor and tell you why he thinks you're guilty. I'll look at your case from the other perspective and tell you where I think we might be able to find some flaws in the prosecution's case. The former prosecutor probably cares what his old co-workers think of him, and will they still like him if he really *fights* for his client? I wouldn't want an attorney who might have conflicted loyalty like that. Defending people is what I do. Prosecutors who've been in court against me know that I will do whatever I can to fight for my client. My loyalty is to you.
If you are facing criminal charges, whether it is your first experience with the criminal justice system or not, there is a strong chance that you might be feeling scared and confused -- and I can help you. I have the experience, knowledge and desire to fight for you and protect your rights. I will provide you with an aggressive defense, and I will work hard to minimize the disruption to your life. If you are my client, I will keep you informed, I will explain things fully, and I will be personally available to you as long as your case lasts.
Whether you retain me to represent you or not, I hope that you obtain the very best result possible for the circumstances you are in.
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Are you an attorney? Endorse this lawyer
Kathy Schwinghammer is an excellent attorney. Kathy took on the head deputy district attorney and walked her client out the door with an acquittal. I have known Kathy for several years and it is a privilege to endorse her. Kathy brings her military training to the fight in criminal defense and it shows in the zealous manner in which she defends her cases. She is thorough, intelligent and has a real presence in the courtroom. If I were arrested, I would want Kathy in my corner.
Thomas Greenberg Criminal defense Attorney
Relationship: Fellow lawyer in community
I endorse Kathy Schwinghammer's work. I have seen her in action at trial and was VERY impressed. Not only was her client found "not guilty" but that trial was sandwiched between two other trials where her clients were found "not guilty". She is obviously a very effective, energetic, and compassionate advocate for her clients.
William Makler DUI and DWI Attorney
Relationship: Fellow lawyer in community
|Award name||Grantor||Date granted|
|Top 100 Trial Lawyers - Criminal Defense||The National Trial Lawyers||2014|
|Rising Star - Criminal Defense Law||SuperLawyers||2013|
|Top Attorney - Outstanding Young Lawyer||Los Angeles Magazine||2013|
|Top Women Attorneys||Los Angeles Magazine||2013|
|Dean's Achievement Award in Advanced Criminal Defense||The University of Texas School of Law||2005|
|Excellence in Public Interest Award - for work with TCAI||Texas Law Fellowship||2004|
|Attorney||Law Office of Katherine Schwinghammer||2009 - Present|
|Deputy Public Defender||Santa Barbara County Public Defender's Office||2006 - 2009|
|Association name||Position name||Duration|
|San Luis Obispo County Bar Association, Criminal Law Section||Member||2010 - Present|
|California Public Defenders Association||member||2007 - Present|
|American Bar Association, Criminal Justice Section||Member||N/A|
|People v. J.||DUI/DWI dismissed|
|People v. D.S.||DUI/DWI w/PRIOR dismissed, plead to driving w/o DL|
|People v. A.C.C.||DUI/DWI case DISMISSED after hearing|
|See all legal cases|
|American Journal of Criminal Law||Fingerprint Identification: How the "Gold Standard" of Evidence Could Be Worth Its Weight||2005|
|University of Texas School of Law||Law||JD - Juris Doctor||2005|
|Texas A&M University, Corpus Christi||English||BA - Bachelor of Arts||2002|
|Monthly Criminal Defense Section Meeting||Today's Digital Projector Technology and How to Use It||2011|
|TCDLA Forensics CLE weekend||The History of Fingerprint Identification||2004|
|Monthly CLE lunch||Problems in Fingerprint Identification||2004|
|Criminal Law Discussion Panel||Crime Victims Rights Legislation||2004|
|Crime Victims' Institute||Crime Victims Rights Legislation||2004|