San Diego Criminal Defense Lawyer

Being charged with a crime in San Diego can put your freedom, your reputation, and your future at risk. Prosecutors are focused on securing convictions, and in cases involving drugs or firearms, the pressure can feel overwhelming from the moment of arrest. If you have prior convictions, California’s Three Strikes law can raise the stakes even higher by increasing the penalties for repeat offenders.

My name is Attorney David Rubin. At Rubin Law Office, I represent clients as a San Diego criminal lawyer in both misdemeanor and felony cases throughout San Diego County and in neighboring counties. I’m also a former prosecutor who knows how the other side prepares its cases and will use that information to make your defense as strong as possible. If you’ve been arrested or believe you’re under investigation, call me at (619) 719-1087 or fill out an online contact form.

Why Choose Me As Your San Diego Criminal Lawyer?

Criminal charges can put your future at risk, making your choice of attorney extremely important. When you hire me, you receive direct representation from a San Diego criminal defense lawyer who has spent years handling cases from both sides of the courtroom. Benefits of working with Rubin Law Office include:

• Former Prosecutor Experience: Before opening Rubin Law Office, I spent a decade as a prosecutor in Massachusetts, handling cases ranging from misdemeanors to serious felonies. That experience allows me to evaluate how the prosecution may approach your case, identify weaknesses in the evidence, and develop a targeted defense.
• Personal Representation: I handle every case myself. Your file won’t be passed to another attorney after your consultation. When you have questions or need legal advice, you’ll work directly with me from beginning to end.
• Trial Preparation From Day One: I prepare every case as if it will go to trial. That includes reviewing police reports, examining witness statements, analyzing evidence, filing legal motions when appropriate, and challenging unlawful police conduct. Thorough preparation places you in the best position during negotiations and in court.
• Quick Action: Time can affect the availability of evidence and witness testimony. I begin reviewing your case as soon as I’m retained so I can identify any legal or constitutional issues, preserve evidence, and build your defense as soon as possible.

When your freedom is on the line, you deserve a San Diego criminal defense lawyer who will stand beside you and protect your rights at every stage of your case. At Rubin Law Office, I’ll provide honest advice, aggressive representation, and direct communication from our first meeting through the conclusion of your case. Contact me today for a free consultation, and let’s discuss how I can help protect your future.

Criminal Defense Cases I Handle in San Diego

A criminal accusation can place your freedom, reputation, and future at risk. You need a San Diego criminal defense attorney who will evaluate the prosecution’s allegations, identify legal issues, and develop an appropriate defense. I represent clients charged with everything from misdemeanors to serious felonies. Below are some of the many criminal defense cases I handle.

Drug Offenses

Drug offenses include allegations involving possession, possession for sale, transportation, manufacturing, and drug trafficking. Depending on the circumstances, individual cases may involve illegal narcotics, controlled substances, prescription medications, or drug paraphernalia. 

I examine how law enforcement conducted the investigation, including traffic stops, searches, arrests, and search warrants. If police violated your constitutional rights, I seek to exclude proof obtained through unlawful conduct whenever the law permits.

DUIs

A DUI arrest can lead to criminal penalties and administrative action that affects your driving privileges. When preparing their cases, prosecutors commonly rely on police observations, field sobriety tests and chemical testing results, body camera recordings, and dash camera footage.

As your San Diego DUI lawyer, I review the investigation to determine if law enforcement complied with California law and constitutional requirements. When appropriate, I challenge the legality of the traffic stop, testing methods, and other evidence presented by the prosecution.

Fraud

Fraud allegations involve claims that someone intentioaspectsnally used deception to obtain money, property, or another benefit. These cases may include identity theft, insurance fraud, credit card fraud, forgery, embezzlement, and related financial offenses.

Many investigations involve bank records, business documents, electronic communications, and financial transactions, which can make these cases challenging to defend. Having handled many of them in my career, I examine the prosecution’s allegations and identify weaknesses that support your defense.

Property Crimes

Property crimes involve allegations relating to another person’s property rather than direct injury. Common examples of charges in California include burglary, vandalism, arson, trespassing, or possession of burglary tools.

When preparing their case, the prosecution may rely on surveillance video, forensic testing, witness testimony, or items collected during the investigation. I examine each source of proof and challenge allegations that aren’t supported by California law.

Probation Violations

Violating probation can place your freedom at risk and return you to court. Allegations may involve missing court appearances, failing drug or alcohol testing, violating travel restrictions, committing another offense, or failing to satisfy other probation conditions. The prosecution must present evidence supporting the alleged violation before the court determines the appropriate outcome.

I review the allegations, the probation terms, court records, and the evidence supporting the claimed violation. I also identify procedural errors, challenge unsupported allegations, and present evidence on your behalf during the hearing. My goal is to protect your liberty and pursue the best result available.

Theft Crimes

California law includes a wide range of theft offenses, from shoplifting and petty theft to grand theft, receiving stolen property, and robbery-related allegations. The penalties depend on the offense charged, the value of the property, and other legal considerations. A conviction can affect employment opportunities, professional licensing, and other parts of your future.

I examine witness testimony, surveillance recordings, financial records, and other evidence to determine if the prosecution can satisfy its burden of proof. I also evaluate ownership issues, intent, identification, and property valuation when those issues affect the charges. Every allegation should be tested before the prosecution asks a jury to return a guilty verdict.

Vehicular Crimes

Vehicular crimes extend beyond DUI charges. Prosecutors may file charges involving reckless driving, hit and run, driving on a suspended license, vehicular manslaughter, or other offenses involving a motor vehicle. These cases frequently rely on collision reports, witness testimony, photographs, video recordings, and accident reconstruction as evidence.

I review every stage of the investigation to determine if the evidence supports the allegations. I also examine police procedures, constitutional issues, and the reliability of witness statements. Careful preparation can expose weaknesses in the prosecution’s case before trial.

Violent Crimes

Violent crime charges have severe penalties in California. These cases may involve assault, battery, domestic violence, robbery, criminal threats, homicide, or other allegations involving harm or threatened harm to another person. Convictions can result in incarceration, probation, substantial fines, and similar life-changing consequences.

I investigate witness statements, forensic findings, medical records, electronic evidence, and police reports while evaluating every available defense. Self-defense, defense of another person, mistaken identity, and false allegations may become important issues depending on the evidence. I prepare every violent crime case for the possibility of trial.

Weapons Offenses

California has strict firearm and weapons laws. Common charges include unlawful possession of a firearm, carrying a concealed firearm, prohibited weapons, unlawful possession by a prohibited person, or using a weapon during the commission of another alleged offense. The prosecution must establish every element of the charged offense beyond a reasonable doubt.

When you hire me, I will review how law enforcement located the weapon, conducted the search, obtained warrants, and handled the arrest. Constitutional violations can affect the admissibility of evidence presented by the prosecution. I pursue every legal challenge supported by the record.

White Collar Crimes 

White collar crimes involve allegations of financial or business-related misconduct. Cases may include embezzlement, tax fraud, healthcare fraud, securities fraud, money laundering, identity theft, wire fraud, or other financial offenses. Many investigations begin months before formal criminal charges are filed.

These cases frequently involve banking records, accounting documents, electronic communications, business records, and large amounts of digital data. I examine the prosecution’s evidence, identify weaknesses in its case, and develop an appropriate defense. Early representation can also protect your rights during interviews, document requests, and other stages of the investigation.

What Happens After An Arrest In San Diego

After an arrest, many people are unsure what happens next or how quickly the criminal justice process moves. The reality is that a criminal case often begins long before the first court appearance and can involve multiple stages, each of which may affect your rights, your defense strategy, and the eventual outcome of your case. Understanding what to expect can help you avoid costly mistakes and make informed decisions from the outset.

While every case is different, most criminal matters in San Diego follow a similar path from booking and release through court proceedings and resolution. The table below provides a general overview of the stages that commonly occur after an arrest and why each step is important.

Law-Enforcement Agencies That May Be Involved In Your San Diego Case

The agency that investigates or arrests you can play an important role in how your case develops. Different law-enforcement agencies use different reporting systems, investigative procedures, evidence collection methods, and record-retention policies. In some cases, more than one agency may participate in the investigation, particularly when allegations involve narcotics, firearms, financial crimes, traffic offenses, or incidents that cross jurisdictional boundaries.

Depending on the circumstances, your case may involve local police departments, the San Diego County Sheriff’s Office, the California Highway Patrol (CHP), state investigative agencies, or even federal law enforcement agencies. Each agency may generate its own reports, body camera recordings, photographs, witness statements, dispatch recordings, and other evidence that can become important during the defense process.

For example, a DUI arrest may involve a municipal police department or the CHP, while a narcotics investigation could involve multiple agencies working together through a task force. Cases involving alleged offenses near the international border, interstate activity, or federal property may attract the attention of federal investigators and prosecutors.

Identifying every agency involved early in the case is important because evidence is often maintained by different departments. Surveillance footage, body camera recordings, dispatch logs, and other records may be stored separately and, in some situations, may only be preserved for a limited period of time. Prompt investigation can help ensure that potentially important evidence is identified and reviewed before it becomes unavailable.

When representing a client, I examine how officers conducted the investigation, whether constitutional requirements were followed, and whether the evidence supports the allegations being made. Understanding which agencies were involved is often one of the first steps in developing an effective defense strategy.

Factors That Can Complicate San Diego Criminal Cases

No two criminal cases are exactly alike. While some cases involve straightforward allegations, others present additional legal, practical, or personal challenges that can affect both the defense strategy and the potential consequences of a conviction. In San Diego, certain circumstances frequently create complications that require careful attention early in the case.

Military Service Members

San Diego is home to several major military installations (Naval Base San Diego, Naval Base Coronado, Naval Base Point Loma, Marine Corps Air Station Miramar, and Marine Corps Recruit Depot), and criminal charges can have consequences that extend beyond the civilian court system. Depending on the allegations, service members may face security clearance issues, restrictions on carrying firearms, administrative discipline, impacts on promotions, or other military-related consequences. In some situations, a criminal investigation may also attract the attention of military authorities. Evaluating both the civilian and career implications of a case is often critical for active-duty personnel.

College and University Students

Students attending colleges and universities throughout the San Diego area may face consequences outside the courtroom after an arrest. Schools often maintain their own disciplinary processes that operate independently from the criminal justice system. Even if criminal charges are reduced or dismissed, a student may still be required to participate in disciplinary proceedings that could affect housing, scholarships, athletic participation, academic standing, or enrollment status.

Visitors and Out-of-State Defendants

San Diego attracts millions of visitors each year, and some people find themselves facing criminal charges while traveling for business, vacation, or family events. Being charged with a crime far from home can create logistical challenges involving court appearances, communication with the court system, and obtaining evidence or witness information. Early legal representation can help defendants understand their obligations and avoid unnecessary travel or procedural mistakes whenever permitted by law.

Professional Licensing Concerns

Many professionals hold licenses that require disclosure of certain criminal charges or convictions. Nurses, doctors, teachers, real estate agents, contractors, commercial drivers, financial professionals, and other licensed individuals may face disciplinary action separate from the criminal case itself. In some situations, protecting a professional license becomes just as important as addressing potential criminal penalties.

Cases Involving Digital Evidence

Modern criminal investigations increasingly rely on cell phones, social media accounts, text messages, emails, GPS data, surveillance footage, and other forms of digital evidence. While this evidence can support the prosecution’s case, it can also reveal inconsistencies, provide context, or support a defense when properly analyzed. Digital evidence often requires prompt preservation because records may be deleted, overwritten, or become inaccessible over time.

Prior Criminal Convictions

A prior criminal record can significantly affect how prosecutors approach a case and may increase the potential penalties upon conviction. Previous convictions can influence bail decisions, plea negotiations, sentencing exposure, probation eligibility, and the application of California sentencing enhancements. In some situations, allegations that might otherwise be treated as misdemeanors can carry much more serious consequences because of a defendant’s criminal history.

Because every case presents its own challenges, it is important to evaluate not only the charges being filed but also the personal, professional, and practical consequences that may follow. A thorough defense strategy considers the full impact a criminal case may have on your future, both inside and outside the courtroom.

Schedule Your Free Consultation With A San Diego Criminal Defense Lawyer

A criminal charge can affect your freedom, reputation, and future long before your case reaches trial. Every decision you make after an arrest or criminal investigation can influence the outcome, including what you say, who you speak with, and when you seek legal representation. The sooner you have an attorney protecting your rights, the sooner you can begin building a defense.

If you or a loved one has been arrested in San Diego, don’t wait. Contact Rubin Law Office immediately for a free consultation. You can speak with me, Attorney David Rubin, by calling (619) 719-1087 or filling out an online contact form. Get a former prosecutor on your side today.

FAQs About Criminal Defense in San Diego

Which San Diego Courthouse Will Handle My Case?

If you were arrested within the City of San Diego, your case will often be handled at the San Diego Central Courthouse (Hall of Justice) located in downtown San Diego. This courthouse hears a wide range of criminal matters, including many misdemeanor and felony cases arising within the city.

However, not every arrest in the San Diego area is assigned to the same courthouse. Factors such as where the alleged offense occurred, the investigating agency, and the type of charge involved can affect where the case is filed. Some cases may instead be assigned to courthouses in Chula Vista, El Cajon, Vista, or other locations within the San Diego Superior Court system.

The most reliable way to determine where your case will be heard is to review your citation, booking paperwork, release documents, or charging papers. These documents typically identify the courthouse and the date of your first appearance. If you have been arrested but are unsure where your case is pending, a criminal defense attorney can help locate the case information and explain what to expect at that particular courthouse.

Can My Lawyer Appear For Me If I Live Outside San Diego?

In some situations, yes. Depending on the charges, the stage of the proceedings, and the court’s requirements, a criminal defense attorney may be able to appear on your behalf for certain hearings. This can be particularly helpful for individuals who live elsewhere in California, in another state, or who were visiting San Diego when the alleged offense occurred.

However, not every court appearance can be waived. Certain hearings may require a defendant’s personal appearance, especially in felony cases or when ordered by the court. If you live outside San Diego, it’s important to discuss your situation with your attorney as early as possible so you understand which appearances may require you to be present and which may not.

What Happens At a San Diego Arraignment?

An arraignment is typically the first formal court appearance after criminal charges are filed. During the arraignment, the court advises you of the charges against you, explains your constitutional rights, and asks how you wish to plead. The judge may also address issues such as bail, release conditions, protective orders, and future court dates.

In most cases, the arraignment is not a trial, and witnesses generally do not testify. Instead, it serves as the starting point for the court process. After the arraignment, the case usually moves into the pretrial phase, where evidence is exchanged, investigations continue, legal motions may be filed, and negotiations may occur. Having an attorney involved before or at the arraignment can help ensure your rights are protected from the beginning.

Do I Need a San Diego Criminal Defense Attorney if I Am Innocent? 

Many people assume hiring a defense attorney is unnecessary because they didn’t commit the offense. Unfortunately, innocent people can still be arrested, charged, and prosecuted. 

Police officers and prosecutors don’t decide a case based solely on what you say happened. They rely on witness interviews, surveillance video, forensic testing, digital records, physical items, and other information gathered during the investigation. Witnesses can make mistakes, people can be misidentified, and statements can be misunderstood or taken out of context. False accusations can also lead to criminal charges against someone who’s totally innocent.

Speaking with investigators before hiring a lawyer can create problems that are difficult to correct later. You may answer questions honestly, yet unintentionally provide information that the prosecution later uses against you. Before participating in an interview or answering questions, it’s wise to understand your legal rights and the potential consequences of your statements.

As your attorney, I can communicate with law enforcement on your behalf and advise you before interviews, lineups, or other investigative procedures. I examine how officers conducted the investigation, review the prosecution’s proof, and challenge evidence obtained in violation of your constitutional rights. I also identify inconsistencies in witness accounts, examine forensic findings, and present defenses that are appropriate for the situation.

If you’ve been accused of a crime and know you didn’t commit it, don’t assume the truth alone will resolve the situation. Contact Rubin Law Office as soon as possible. 

Do I Need a San Diego Criminal Defense Lawyer if I Am Guilty?

Many people assume there’s no reason to hire a criminal defense attorney if they believe they’re guilty of the offense. In reality, pleading guilty or admitting responsibility doesn’t end the case. The prosecution must still prove the charges, comply with constitutional requirements, and follow California law throughout the case.

Not every case is as straightforward as it first appears. The evidence may support a lesser offense than the one charged, police may have violated your constitutional rights during the investigation, or the prosecution may have difficulty proving every element required for a conviction. A defense attorney examines the evidence, the investigation, and the legal issues before recommending any course of action.

Hiring a lawyer also helps protect you from making decisions that could increase the penalties. Statements made to law enforcement, prosecutors, or other people may later be introduced in court. Before answering questions, accepting a plea offer, or appearing in court, you should understand how those decisions may affect your case.

If a negotiated resolution is appropriate, I’ll work to obtain the best lawful result available under the circumstances. Depending on the charges and your record, that may include seeking reduced charges, lower penalties, probation instead of incarceration, or participation in a diversion program. Every case deserves an individual evaluation before important decisions are made.

What is California’s Three Strikes Law?

California’s Three Strikes law is a sentencing guideline aimed at deterring repeat offenders by imposing harsher penalties on those convicted of multiple serious or violent crimes. Enacted in 1994, this law increases the prison sentences for individuals with prior felony convictions. Here’s how it works:

• First Strike: If you are convicted of a serious or violent felony, it is considered your first strike. Examples include robbery, rape, and murder.
• Second Strike: If you have a prior serious or violent felony conviction and are convicted of another felony (not necessarily violent), your sentence for the second felony is doubled.
• Third Strike: If you have two or more prior serious or violent felony convictions and are convicted of a new serious or violent felony, you face a mandatory sentence of 25 years to life in prison. 

The Three Strikes Law applies to specific serious and violent felonies, including but not limited to:

• Murder
• Rape
• Robbery
• Kidnapping
• Burglary of an inhabited dwelling

In 2012, Proposition 36 reformed the Three Strikes Law to address some of its harshest aspects. Under these reforms, the third strike must be a serious or violent felony to trigger the 25-year-to-life sentence. Certain inmates serving life sentences for non-serious, non-violent third strikes can petition for reduced sentences.

What Should I Do After Being Arrested?

If you’re arrested, we recommend you take the following steps:

• Remain Calm During the Arrest: Stay calm and comply with lawful instructions from law enforcement officers. Avoid arguing, resisting, or attempting to explain your side of the story at the scene. Your behavior during the encounter may later become part of the prosecution’s presentation in court.
• Exercise Your Right to Remain Silent: You have the constitutional right to remain silent. Politely tell officers that you want legal counsel before answering questions, then stop discussing the allegations. Remaining silent can’t be used as proof that you committed a crime.
• Request Legal Counsel Immediately: Ask to speak with a criminal defense lawyer as soon as possible. After making that request, wait for legal advice before participating in interviews or signing documents. Getting legal representation as soon as possible allows your lawyer to begin reviewing the allegations and advising you before important decisions are made.
• Avoid Talking About the Allegations: Limit conversations about the arrest to your lawyer. Telephone calls from a jail or detention facility may be recorded, and text messages, emails, and social media posts can also become evidence. Family members and friends generally can’t prevent those communications from being introduced in court.
• Save Every Document You Receive: Keep copies of every document connected to your arrest, including booking paperwork, release paperwork, bail information, citations, and court notices. These records contain dates, court locations, case numbers, and other information that may become important later. Bring every document with you when meeting your lawyer.
• Follow Every Court Order: Read every release condition and court order carefully. You may be prohibited from contacting another person, possessing firearms, consuming alcohol or controlled substances, or traveling outside a designated area. Violating those conditions can result in additional criminal charges, revocation of release, or other penalties.
• Record What You Remember: Write down everything you remember as soon as you’re able. Include the names of witnesses, the locations involved, statements made by officers or witnesses, and the timeline of events. If you know about surveillance cameras, photographs, videos, text messages, or other information that may support your defense, tell your lawyer immediately.
• Appear at Every Court Date: Attend every scheduled court appearance and arrive on time. Missing a hearing may result in a bench warrant or other consequences. Staying in regular contact with your lawyer also helps you prepare for upcoming hearings and respond promptly to developments in your case.

Taking the right steps after an arrest can protect your legal rights and prevent avoidable problems later in the case. If you’ve been arrested or learned you’re under investigation, contact Rubin Law Office as soon as possible. I’ll explain what to expect, protect your constitutional rights, and begin preparing your defense from the outset.

What Should an Out-of-State Visitor Do After an Arrest in San Diego?

If you were arrested while visiting San Diego, remain calm and take the situation seriously, even if you plan to return home soon. Criminal charges do not automatically disappear simply because you live in another state. Missing a required court appearance can result in additional legal complications, including the issuance of a warrant.

As soon as possible, keep copies of all paperwork you received, document what happened while the events are still fresh in your memory, and avoid discussing the allegations on social media or with anyone other than your attorney. You should also determine whether any future court appearances are required and consult with a criminal defense lawyer who can explain your obligations and available options.

Many out-of-state defendants are able to address certain aspects of their cases through counsel rather than making repeated trips to San Diego, but the rules vary depending on the charges and the court involved. Speaking with an attorney early can help you understand what is required and avoid costly mistakes.

Legal References:

• California Legislative Analyst’s Office. The Three Strikes and You’re Out Law. https://lao.ca.gov/analysis_1995/3strikes.html 
• California Legislative Analyst’s Office. Proposition 36: Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute. https://lao.ca.gov/ballot/2012/36_11_2012.aspx