Experienced Criminal Defense Attorney in Santa Barbara, California

Driving Under the Influence

If you have a DUI case, you really need a lawyer who knows what he or she is doing.  You also need to get a lawyer as quickly as possible because there are things that need to be done quickly, such as scheduling a DMV hearing or scheduling a tow hearing if your car has been impounded.  The lawyer needs to understand how to attack a stop that lacks probable cause.  The lawyer needs to understand the proper procedures so the case can be attacked if the proper procedures are not followed.  These cases are difficult to win at trial.  They are about math and chemistry, and the math and chemistry tend to be on the district attorney's side, but that doesn't mean they're impossible to win.  If your DUI cannot be fairly settled, you need someone like Addison for the trial.  You need someone with a proven track record of trial success.  If the case results in a conviction, the consequences of that conviction can be confusing, so having a lawyer who can take all the time that is needed to explain everything and help you through the bureaucratic process is critical.

Domestic Violence

If you have a domestic violence case, you need a highly skilled lawyer who is experienced in handling these cases, has taken these cases to jury trial, and has been successful in jury trials in these cases.  District attorneys prosecute these cases very aggressively.  A common myth is that if the alleged victim doesn't "press charges," the case will be dismissed, or that the alleged victim can just call the police or district attorney and say, "It didn't happen that way," and the case will be dismissed.  That is simply NOT true.  The alleged victim trying to take back what they said at the time, called recanting, very rarely helps, and can make the situation worse if the district attorney believes the recanting is happening because the alleged victim is being manipulated by the defendant.  In more than ninety percent of domestic violence cases, the alleged victim says that what she or he told the police at the time of the incident isn't what happened, and they don't want their partner prosecuted.  The district attorneys expect this and are ready for it.  They have "expert" witnesses ready to testify in front of a jury that recanting in this type of case is common because of the "circle of violence."  Addison has actually had far more success at trial when the alleged victim does not recant than when he or she recants.  These cases also have severe consequences.  A person who is convicted of domestic violence has many more probation terms, including "Batterers Intervention Program" classes that the person has to pay for themselves.  District attorneys are quicker to demand prison sentences for domestic violence than in similar cases where the alleged victim is not a partner, and judges are quicker to impose prison sentences.  Addison knows how to handle these cases, and if the case cannot be resolved, he has extensive experience doing jury trials in these types of cases and has a proven track record of success in jury trials in these types of cases.

Theft Crimes

If you are charged with a theft crime, you need a lawyer who has experience handling these types of accusations.  There are diversion programs for lower-level theft accusations, so most lower-level cases can be resolved by an experienced attorney without staining the accused person's record.  However, if it's a more serious theft, for example, with a conspiracy charge, grand theft, auto theft, or theft related to a commercial or residential burglary, it can get complex. Addison has handled countless theft cases and knows how to get a favorable resolution, and if the case can't be resolved with an outcome that's acceptable to the client, he has extensive experience doing jury trials that involve theft accusations.  He has a proven track record of success in these types of trials.

Drug Crimes

If you need to hire a lawyer for a drug crime, you need a strong, experienced attorney to help with your case.  Drugs cases are really a unique type of criminal case to defend.  More often than not the client is experiencing addiction issues.  There are diversion programs for clients that suffer from substance use disorder.  Addiction can be more complex if the client is dual diagnosis with substance abuse issues in combination with a non-substance abuse mental health diagnosis.  In that type the lawyer needs to understand the mental health issues.  Addison has fought very serious cases, such as capital murder cases, that required him to study mental health and substance use diagnoses and work closely with professionals in the field.  He knows and has a working relationship with the local treatment programs as well as treatment programs throughout the state.  That's one type of drug case, the other is much more serious cases of traffic illicit drugs or manufacturing illicit drugs.  In those cases the stakes can be high with the risk of a long prison sentence.  In those cases an experienced attorney is imperative.  Addison has handled through negotiation and/or conducted trials in serious cases of this type.  He's handled through negotiation and conducted jury trials in illicit drug sales cases, illicit drug trafficking cases, and illicit drug manufacturing cases.

UCSB + SBCC Students

If you are a student or the parent of a student, you know how much work has been put into building a student's future. 

 A night out partying in Isla Vista, on State Street, or in the Funk Zone can lead to a mistake that can severely impact a student's future.  The University of California Police Department and the Sheriff's Isla Vista Foot Patrol heavily enforce Isla Vista.  It is difficult to go more than a block or two in Isla Vista without seeing law enforcement.  Addison often tells students and parents that when he was an undergraduate at Berkeley many years ago, the UCPD was there to protect the students, not to look for ways to get them in trouble and ruin their futures, but times have clearly changed.  You need a lawyer who knows how to defend students and understands their priorities when fighting for them.  There are diversion programs for very minor offenses, which Addison knows well.  For more serious offenses, a student really needs to have a knowledgeable and skilled lawyer like Addison, who has a proven track record of successful outcomes for students.  The true advantage in having Addison represent a student is that he's ready, willing, and able to put a case in front of a jury if the outcome that the student needs cannot be reached by negotiating with the district attorney or going directly to the judge for a resolution.

Sex Crimes

Being charged with a sex crime is an absolutely horrible experience.  Family, friends, employers, and society don't wait to see if there's actual evidence.  In the eyes of society, a person who is charged with a sex crime is guilty before the process has even started.  Even after a dismissal of the charges or an acquittal by a jury, it's really difficult for a person to get their life back.  The punishments for a conviction in these kinds of cases are extremely harsh. 

 Addison often says, "You can get a great lawyer, a good lawyer, an average lawyer, a subpar lawyer, or even a bad lawyer if you're charged with something that is not a sex crime or that doesn't buy you a life in prison sentence.  But if you are charged with something where you're faced with life in prison or a sex crime, you have to have a great lawyer; really, you need the best lawyer; the stakes are just too high for anything else."  District attorneys prosecute sex crimes very aggressively, and often, their very best trial lawyers are assigned to sex crimes.  In Santa Barbara County, the district attorneys who are assigned to sex crimes are extremely skilled trial lawyers.  They are also human beings who see things through the lens of their side of the case.  What looks like to the client and Addison as a clear case of a child being coached or an accuser being vengeful will not be seen that way by district attorneys who prosecute these cases.  More often than not in these cases the only evidence is the accusation, however a lack of physical evidence, an accuser's story that doesn't make any sense, or even evidence of innocence will not slow down, much less stop, the prosecution.  You have to have the best attorney there is to defend these kinds of cases.  Addison knows how to negotiate these cases, he knows how to go directly to the judge if he has to, and he knows how to fight these cases in a jury trial if the case cannot be reasonably resolved.  Few trial lawyers have won a rape trial or a child molestation trial; Addison has won several of each.  If you decide that your life is worth getting the best lawyer for these kinds of cases, then Addison is the lawyer you want.

Violent Crimes

Being accused of a violent crime can be frightening.  The consequences of a conviction for a violent crime can be extreme.  What may not seem like a very serious incident can be charged as a serious or violent strike.  Whether it's as minor as a bar fight or as serious as a murder charge, or anything in between, you need a lawyer who is experienced in negotiating positive outcomes for these types of crimes and is experienced in doing jury trials for these types of crimes if an acceptable resolution cannot be reached.  Addison knows how to resolve these types of cases, and when they can't be resolved in a way that is acceptable to the client, he knows how to fight them in front of a jury.  He has a proven track record of success in negotiating positive outcomes and in jury trials where the accusations are violent crimes.  Addison has helped clients, either through resolving cases or putting them before a jury, in cases all the way from misdemeanor battery to capital murder.

Post Conviction

If you have a loved one in prison, do not lose hope.  Over the past decade, California lawmakers have made changes to the law to address lengthy prison sentences and create a fairer and more equitable justice system.  It is important to talk to an experienced attorney to determine if your loved one qualifies for an opportunity to have their sentence or even their conviction reviewed.  Some of the available options can be time-sensitive, and it is important to seek relief before it is too late.

The Racial Justice Act

The Racial Justice Act for All Act extends justice to people who were incarcerated as a result of racial bias. It allows the Court to completely vacate sentences if they were improperly influenced by race, ethnicity, or national origin.

Invalid Sentencing Enhancements

Senate Bill 483 mandates that the court strike sentencing enhancements that are now invalid. As part of this opportunity, incarcerated individuals have the right to ask the Court to recall their entire sentence, apply all changes in the law that provide for more lenient sentences, and consider new evidence in support of a reduced sentence. Even sentences that were imposed decades ago can be reviewed, and the Court can consider information that includes good behavior in prison, mental health issues, trauma, and other relevant factors that may not have been known or presented at the time they were originally sentenced.

Gang Enhancements

Gang enhancements have had devastating effects on individuals and families by significantly lengthening sentences. Recent changes to the law have made it more challenging for the prosecution to prove gang enhancements. In some situations, these changes are retroactive and can apply to people who have already been convicted and sentenced to prison, dramatically reducing the time they must serve.

Murder and Attempted Murder

There have been changes to the law of murder, attempted murder, and manslaughter to ensure that those who are merely accomplices and not actual perpetrators can return their cases to Court and seek to have their conviction and sentence vacated. This can result in a new modified trial on homicide-related charges and requires an attorney with extensive homicide trial experience to effectively handle the complexity of these issues.

Recommendation for Recall of Sentence

The law allows for the District Attorney, the Department of Corrections, or the Attorney General to make a recommendation to reduce a person's prison sentence in the interests of justice. However, an experienced criminal defense attorney can help you or your loved one navigate the system to work with those agencies and motivate them to make recommendations for a reduced sentence. This requires someone who has long relationships with the agencies that can make these decisions and someone who knows how to build a complete social history to help the decision-makers understand your background and rehabilitation.

Post-conviction issues can be time-sensitive and very complex. Anyone who qualifies for resentencing has the best chance for a reduced sentence by working with a respected and experienced attorney to assess their case and put them in the best possible position to take advantage of any and all relief that they are entitled to.

You need a skilled and experienced lawyer for post-conviction issues. Often, the sentencing issues are very complex; that's why it's important to have a lawyer who has years of experience working with California's complex sentencing statutes. The client's freedom from prison is on the line. An attorney like Addison, who understands this area of law, is needed.

Strike Cases

If you have a strike prior to two or more strike priors, you must have a lawyer who knows how to defend strike cases.  Having a strike is horrible for several reasons.  To start, a strike prior makes you probation ineligible; you must go to prison if you are convicted of a new felony when a strike prior is alleged.  Not only that, the prison sentence will be doubled.  So, for example, a charge that has a punishment of a low term of two years, mid-term of three years, and upper term of four years is automatically converted to four, six, and eight years because of a prior strike.  If you have a prior strike, whether alleged or not, on your criminal history, you cannot do a sentence in local prison at the County Jail; you must be sent to a state prison to serve your time.  If the strike prior is alleged, the law also calls for having to serve eighty percent of the sentence; however, the California Department of Corrections and Rehabilitation (CDCR) often reduces that to sixty-six or even fifty percent because of crowding issues despite the law requiring eighty percent.  CDCR does have the ability to eliminate the double-up with some types of strikes if they want to do that for their purposes.  Getting strikes "stricken" is an uphill battle.  A skilled attorney needs to file a "Romero Motion," which actually isn't a motion because the defense doesn't have the right to make such a motion, it is technically an invitation to the Court to strike the strike.  That skilled attorney needs to understand the "Williams Factors" that the judge must consider when ruling on the Romero Motion.  Addison has extensive experience fighting strikes.  He knows how to formulate a Romero Motion that can win by successfully arguing the Williams factors.  However, if that doesn't work, he has taken many strike cases to a jury trial, including many where the client was facing life in prison because of the strike priors, and he saved the client.  These are not the kinds of cases to skimp on hiring a lawyer; strikes need to be aggressively fought against when they are originally charged so you don't end up with a strike in the first place, and they need to be aggressively fought against when they are alleged as priors.  You need someone who knows the law and how to fight and win for the client in these types of cases.

Clear a Warrant

Having a warrant is a constant stress.  It's not knowing if the police are going to show up to arrest you on the warrant or if you're going to be stopped by the police and arrested when they run your name.  It's worrying about whether or not your car will be impounded when you get stopped and arrested because you have a warrant.  Addison can get your case on the court calendar and get your warrant cleared.  Most of the time, clearing your warrant does NOT mean going to jail.  Addison will talk to you about a strategy for getting your warrant cleared without going to jail.  Often, it's just a matter of asking the judge to let you restart whatever you were doing to satisfy the requirements of your case.  Maybe you just need a rereferral to get back into a program, or maybe just give the judge an explanation as to what went wrong so that you ended up with a warrant.  Talk to Addison to at least find out if it's a situation where you have to go to jail to get the warrant cleared.  If it is that kind of situation, Addison will give you a straight answer about it, and you can decide if you want to control when you take care of the problem or if you want to leave it up to chance and not have any control over when the problem presents itself.

Clean Up a Record

In California, there's a mechanism to clean up your record. There is a motion that can be filed to expunge your past conviction. Addison can file these motions for you and put you in a place where you don't have to fear a background check when you apply for a job. You can finally start to put the incident that ended up on your record behind you.