Getting arrested in Encinitas can turn an ordinary day into a crisis. One moment you’re grabbing tacos in Leucadia or catching a sunset at Swami’s, and the next you’re cuffed, questioned, and booked at the North Coastal Sheriff’s Station. Every charge filed out of Encinitas is transferred to the Vista courthouse, where the clock starts ticking. Miss a single deadline, and the prosecution gains ground that’s hard to recover.

I’m Attorney David Rubin, an Encinitas criminal defense lawyer and former deputy district attorney. Years of trying cases for the State taught me how prosecutors put together arguments, choose charges, and set plea limits. Now I use that insight to challenge shaky stops, expose weak lab results, and push for outcomes that protect my client’s future. 

When you call my office, we’ll sit down (virtually or in person) and walk through every detail of your arrest. I’ll explain the potential penalties, the evidence the State needs to prove its case, and the defense strategies that fit your situation. My goal is always to seek the best resolution for your situation.

Why Choose Me as Your Encinitas Criminal Defense Lawyer?

When your future is on the line, you want an Encinitas criminal defense lawyer with the experience, skill, and determination to challenge the evidence against you and protect your rights while dealing with the prosecution. Here’s why Rubin Law Office has been trusted by so many clients in Encinitas:

• Former Prosecutor on Your Side: I spent years at the District Attorney’s Office, reviewing reports, filing charges, and trying cases before juries. I use the same trial techniques I learned as a prosecutor to undermine the government’s case and push for better results: dismissal when possible, smart negotiation when it’s strategic, and a determined trial defense when that serves you best.
• Direct, Personal Representation: When you hire Rubin Law Office, you get access to me from start to finish. There’s no junior associate learning on your dime and no game of telephone with office staff. You’ll have a lawyer who keeps you informed at every stage, so you’re never guessing about the next step or the status of your case.
• No-Pressure, No-Cost Consultations: Bring your citation, booking sheet, or list of questions. We’ll connect, run through the charges, and map out practical options. You’ll leave the free consultation knowing the potential penalties, the key deadlines, and the defenses that fit your circumstances. There’s no fee for this meeting and no sales pitch to sign a retainer on the spot; you decide how to move forward when you’re ready.
• Courtroom Readiness: If the police skipped a step or the chain of custody is sloppy, we’ll challenge it. If expert testimony can cast doubt on the State’s narrative, we’ll bring it. Whether we’re aiming for rapid dismissal, a reduced charge, or a full acquittal, the case is built from day one as though the trial is tomorrow. 

Hiring Rubin Law Office means putting practical experience and trial-tested strategy to work for your future. Call today, and let’s start protecting what matters most: your freedom, your record, and your peace of mind.

Criminal Charges I Handle in San Marcos

If the North Coastal Sheriff’s deputies stopped you on Coast Highway, arrested you after a night in downtown Encinitas, or charged you after a call from Cardiff-by-the-Sea, I can help. My practice covers everything from first-time misdemeanours to serious felonies.

DUI Charges

A DUI in Encinitas can lead to jail, heavy fines, and a long license suspension. Most cases begin with a traffic stop and field tests that often misread fatigue or medical issues as impairment. I look at the legality of the stop, the calibration of the breath machine, and the officers’ training records. If the proof falls short, I push for dismissal or a reduced charge that saves your license and your record.

Drug Offences

Meth, fentanyl, and unprescribed pills are common targets for local task forces. These files hinge on traffic stops, informant tips, and search warrants that may not pass legal review. I examine each warrant, the reliability of any informant, and the chain of custody for seized items. Diversion programs or lesser charges are often on the table once weak points appear.

Domestic Violence

A single call can bring about restraining orders, child custody challenges, and possible jail time. Police reports don’t always match what truly happened once tempers cooled. I gather messages, witness statements, and 911 audio to set the record straight. Early defense work often narrows the allegations or keeps the case out of court entirely.

Theft and Property Crimes

Shoplifting, burglary, and grand theft cases often rest on grainy video or confused eyewitnesses. I pull surveillance footage, test the accuracy of any photo line-ups, and press the State to prove intent. Clients have avoided convictions, civil demands, and immigration problems through a strong challenge on these points. 

Assault and Battery

Violent crime files carry strict sentencing laws, especially if injuries are involved. Conflicting stories and self-defense claims frequently shape these cases. I track down impartial witnesses, review medical records, and bring in experts on use-of-force when needed. The goal is either to eliminate the charge or reduce it to a level that limits jail exposure.

White Collar Crimes

Fraud, embezzlement, and identity theft often start with a quiet subpoena or a frozen account. These offenses can involve significant jail time, but early legal advice can stop an inquiry from turning into formal charges. I analyze financial records, communications, and investigator notes when putting together a defense. 

Probation Violations

Missing a payment, changing addresses, or a new police contact can trigger a violation hearing. Judges can reinstate full jail time if they see repeated non-compliance. I enter these hearings with proof of treatment, employment, or community service to show progress. Many clients stay out of custody and keep their existing probation terms.

Weapons Offenses

Gun charges range from unlicensed carry to loaded-firearm violations in a vehicle. These arrests often stem from traffic stops or searches that raise Fourth Amendment issues. I examine the legality of the search, the transport rules applied, and any prior firearms history. Results can include charge reductions, dismissal, or alternative sentencing that avoids prison time.

What to Do If You’re Arrested in Encinitas

Police officers start gathering evidence the instant they pull you over or place you under arrest. Body camera footage, patrol car video, radio traffic, and every word you say will end up in a report that the prosecutor reviews before deciding on charges. Your initial actions can prevent the case from growing stronger against you.

First, stay calm and keep your hands visible. Arguing or pulling away gives the police an excuse to add resisting charges or use force. Provide your name and date of birth, nothing more. Tell the officer, “I want to remain silent, and I want a lawyer.” Once you say those phrases, stop talking. Repeating them if questioning continues shows a judge that you tried to invoke your constitutional rights.

Second, decline any request to search. Police may ask to look through your car, phone, or backpack. A polite “I do not consent to a search” forces them to rely on a warrant or an exception they will later have to defend. Even if they search anyway, your clear refusal allows your attorney to challenge the results.

Third, remember that your phone call is not private. Call a relative or friend and ask that person to contact a defense attorney. Share only booking details such as the jail location, bail amount, and upcoming court date. Do not discuss facts of the arrest on recorded lines.

Fourth, write down everything as soon as you can. Note the time and place of the stop, badge numbers, witnesses, and the sequence of events. Details fade quickly, yet often lead to suppressed evidence or reduced charges.

Finally, meet with your Encinitas criminal defense lawyer before the arraignment. Early planning helps secure evidence, locate witnesses, and negotiate bail terms that let you return to work and family while the case moves forward.

Speak to an Encinitas Criminal Defense Lawyer Today

Criminal charges in Encinitas can jeopardize everything you have built. A conviction may strip you of your driver’s license, sideline career plans, and even threaten your immigration status. There’s too much at stake to risk representing yourself or hiring a defense lawyer without the necessary qualifications and experience. 

Take control of your case today. Call Rubin Law Office at (619) 719-1087 or use the contact form below to schedule a free, private consultation with Attorney David Rubin. We will review the arrest and begin building a defense strategy that can help you put this difficult time behind you.

FAQs

How Long Does A Criminal Case In The Vista Courthouse Usually Take?

For most misdemeanors in Vista Superior Court, the timeline begins with arraignment within two court days of the arrest. A pre-trial conference follows roughly one month later, giving both sides time to exchange police reports and any body-cam video. The court then schedules a readiness or settlement conference. If there are no contested motions or jury demands, many misdemeanors conclude here through dismissal, diversion, or a negotiated plea. In normal conditions, the entire process finishes within three to six months.

Felony cases take longer because state law requires more steps. After arraignment, the prosecutor must present a preliminary hearing within ten court days unless the defense agrees to a postponement. If the judge finds probable cause, the district attorney files a formal information, and the case returns for a second arraignment within fifteen days. Motion practice, expert review, and settlement talks then stretch across several months. 

Several factors can slow either track. Lab backlogs for blood, DNA, or drug tests often push dates out. Expert witnesses sometimes need extra time to analyze evidence or prepare reports. Civilian witnesses may move or become hard to reach, and crowded court calendars create further delays.

From the first day on a file, Rubin Law Office sends formal discovery requests, presses the district attorney for lab results, and schedules early motion hearings. If the prosecution stalls, we seek court orders compelling disclosure or ask for dismissal based on speedy-trial rights. This proactive approach helps resolve cases as soon as the evidence permits, limiting stress, cost, and uncertainty for clients.

Do I Have To Attend Every Court Date, Or Can My Attorney Appear For Me?

Under California Penal Code § 977, most Encinitas misdemeanor defendants can authorize counsel to stand in for them at routine hearings by signing a written waiver. That waiver covers early procedural dates such as arraignments, readiness conferences, and motion settings, sparing you repeated trips to Vista Superior Court and letting you keep normal work hours. 

However, if the judge schedules a hearing that involves live testimony, entry of a plea, or sentencing, your personal appearance becomes mandatory because the court wants to confirm that you understand the rights you’re giving up. 

Felony matters follow a stricter rule: you must appear at every stage unless the judge grants permission to waive attendance, which usually happens only for defendants living out of state or facing medical hardship. As soon as we open a file, we compare the court calendar with yours, request remote or attorney-only appearances when the statute allows, and make sure you never risk a bench warrant for missing a required date.

Can The Arrest Or Conviction Be Removed From My Record Later?

If the judge dismisses your case, the arrest stays in law-enforcement databases but never becomes a public conviction, so employers and landlords see no guilty finding on standard background checks. 

If a conviction is entered, you may still clear it through an expungement under Penal Code § 1203.4 once you finish probation, pay all fines, and remain free of new charges. An expungement reopens the case, withdraws the guilty plea, and enters a dismissal, which most commercial screeners report as “case dismissed.” The order does not restore firearm rights or erase federal immigration issues, yet it lets you answer “No” when private employers ask if you have been convicted. 

Our office tracks the exact date each client becomes eligible, gathers proof of probation compliance, and files the petition with the Vista courthouse. We also appear at the hearing, if one is set, to make sure the record is cleared as soon as the law allows.