You might be using an unsupported or outdated browser. To get the best possible experience please use the latest version of Chrome, Firefox, Safari, or Microsoft Edge to view this website.

Best Criminal Defense Lawyers San Diego, CA Of 2024

Contributor
Deputy Legal Editor

Reviewed

Updated: Feb 20, 2024, 4:04am

Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.

If you’re in trouble with the law, you want to make certain you have the best possible defense. Often, the legal system is intimidating and you may not have a clear understanding about what to do or how to proceed with your case. You do know that you want a strong ally and advocate by your side. There is no reason to move through the legal process alone.

On average, 155 adults are arrested every day in San Diego. If you are one of them, you need a good criminal defense lawyer. Check out this guide for the best criminal defense lawyers in San Diego.

Why you can trust Forbes Advisor Legal

Our legal editors are committed to bringing you unbiased ratings and information. We use data-driven methodologies to evaluate legal products and attorneys in markets around the country, so all are measured equally. Our editorial content is not influenced by advertisers. You can read more about our editorial guidelines and our legal ranking methodology for the ratings below.

  • 155,000 attorneys analyzed nationwide
  • 9,000 attorneys named Best Attorney in their market
  • Six levels of fact checking
  • Millions of datapoints collected
  • Only .06% of all attorneys we consider are awarded

Read more

Best Criminal Defense Attorneys in San Diego, CA


Kerry Armstrong

CA Bar Association Status

Active

Year Admitted to CA Bar

1998

Law School Attended

Thomas Jefferson University School of Law

Active

1998

Thomas Jefferson University School of Law

Why They Made Our List

Kerry Armstrong and his firm have over 30 years experience and have represented clients in over 150 trials. Recently Armstrong successfully represented Buffalo Bills punter Matt Araiza in allegations involving a gang rape. Armstrong and his firm have received not guilty verdicts in serious crimes involving kidnapping, torture and sexual battery. He has been certified by the State Bar of California’s Board of Legal Specialization for criminal law.

Notable Facts and Recognitions
  • Member of the San Diego Criminal Defense Bar Association
  • Member of the National Association of Criminal Defense Lawyers
  • Member of the San Diego County Bar Association
Practice Areas
  • Criminal defense
  • Sex offenses
  • White collar crimes

Benjamin Cheeks

CA Bar Association Status

Active

Year Admitted to CA Bar

2010

Law School Attended

American University Washington College of Law

Active

2010

American University Washington College of Law

Why They Made Our List

Benjamin Cheeks brings his experience as a former Assistant District Attorney in New York City and Assistant United States District Attorney for San Diego to his criminal defense practice. Cheeks is an adjunct professor at the Thomas Jefferson School of Law. He has also appeared on Fox News.

Notable Facts and Recognitions
  • Member of the San Diego County Bar Association
  • Board of Directors on the San Diego County Indigent Criminal Defense Fund
  • Admitted to practice in California and New York
Practice Areas
  • Criminal defense
  • Drug crimes
  • Violent crimes

George Gedulin

CA Bar Association Status

Active

Year Admitted to CA Bar

2011

Law School Attended

Thomas Jefferson University School of Law

Active

2011

Thomas Jefferson University School of Law

Why They Made Our List

For more than 25 years, George Gedulin has represented hundreds of defendants facing prison for murder, manslaughter, sex crimes and DUIs. He’s also represented complex white-collar crimes in which defendants faced multimillion dollar judgments against them. Recent results include dismissal of charges in felony domestic violence arrest and for a juvenile drug crime.

Notable Facts and Recognitions
  • Member of the National Association of Criminal Defense Lawyers
  • Member of the San Diego Criminal Defense Bar Association
  • Member of the San Diego Bar Association
Practice Areas
  • Criminal defense
  • Violent crimes
  • DUI and drug crimes

Patrick Griffin

CA Bar Association Status

Active

Year Admitted to CA Bar

2011

Law School Attended

Stetson University College of Law

Active

2011

Stetson University College of Law

Why They Made Our List

For over a decade, Patrick Griffin has represented clients in over 1,000 cases. He successfully had felony charges reduced to a misdemeanor for a client who served in the armed forces and also had a felony robbery case dismissed. Griffin has been a legal expert for Good Morning America, The New York Times, and The Washington Post.

Notable Facts and Recognitions
  • Member of the San Diego Criminal Defense Bar Association
  • Member of the California DUI Lawyers Association
  • Member of the National Association of Criminal Defense Lawyers
Practice Areas
  • Criminal defense
  • Human trafficking crimes
  • White-collar crimes

Michael Hernandez

CA Bar Association Status

Active

Year Admitted to CA Bar

2004

Law School Attended

University of San Diego School of Law

Active

2004

University of San Diego School of Law

Why They Made Our List

For the last 20 years Michael Hernandez has handled federal and state criminal defense cases. Hernandez has experience with every stage of the process from the pre-conviction negotiation to the prosecutor to challenging convictions and sentences on appeal. He is also an adjunct professor of law at the Thomas Jefferson School of Law.

Notable Facts and Recognitions
  • Community Law Project Volunteer Attorney for California Western School of Law
  • Member of the California Attorneys of Criminal Justice
  • Member of the San Diego County Bar Association
Practice Areas
  • Criminal defense
  • Drug crimes
  • Post-conviction relief

Stacey Kartchner

CA Bar Association Status

Active

Year Admitted to CA Bar

2003

Law School Attended

California Western School of Law

Active

2003

California Western School of Law

Why They Made Our List

Stacey Kartchner has represented numerous clients in criminal defense matters in both state and federal courts. She has also represented material witnesses in federal court and grand jury proceedings. Kartchner has authored numerous articles and was voted as one of the San Diego Business Journal 2023 Women of Influence in Law.

Notable Facts and Recognitions
  • President-elect of the San Diego County Bar Association
  • Chairperson of the Material Witness Defense Advisory Panel
  • Past president of the Criminal Defense Bar Association
Practice Areas
  • Criminal defense
  • Expungements
  • Domestic violence

Ally Keegan

CA Bar Association Status

Active

Year Admitted to CA Bar

2016

Law School Attended

University of San Diego School of Law

Active

2016

University of San Diego School of Law

Why They Made Our List

Ally Keegan has represented clients in state and federal courts. Her firm has secured dismissals in cases involving assault with a deadly weapon and grand theft charges. She is an adjunct professor of criminal law at University of San Diego School of Law.

Notable Facts and Recognitions
  • Member of the National Association of Criminal Defense Lawyers
  • Member of the Board of Directors for the Women’s Museum of California
  • Member of the San Diego Criminal Defense Bar Association
Practice Areas
  • Criminal defense
  • Violent crimes
  • White-collar crimes

Lindsey Mercer

CA Bar Association Status

Active

Year Admitted to CA Bar

2006

Law School Attended

University of San Diego School of Law

Active

2006

University of San Diego School of Law

Why They Made Our List

Lindsey Mercer’s experience talking to prisoners in Cape Town, South Africa, where she studied international criminal law, sparked her interest in criminal defense. She’s practiced for almost two decades and served as co-counsel in a high-profile murder case and lead counsel in a federal racketeering and a child pornography case. Mercer has extensive experience in representing members of the military.

Notable Facts and Recognitions
  • Member of the American Society of Legal Advocates
  • Member of the National Women Trial Lawyers
  • Member of the San Diego Bar Association
Practice Areas
  • DUI and drug crimes
  • Federal crimes
  • Violent crimes

Stefano Molea

CA Bar Association Status

Active

Year Admitted to CA Bar

2011

Law School Attended

Thomas Jefferson University School of Law

Active

2011

Thomas Jefferson University School of Law

Why They Made Our List

For over a decade, Stefano Molea has represented teachers, lawyers, physicians, veterans and nurses. His firm secured a not guilty jury verdict of a case involving murder and voluntary manslaughter charges. Molea has also written several op-eds and articles in San Diego publications.

Notable Facts and Recognitions
  • Member of the Board of Directors for the San Diego Criminal Defense Bar Association
  • Member of the California Attorneys for Criminal Justice
  • Member of the California Public Defenders Association
Practice Areas
  • Criminal defense
  • Violent crimes
  • Drug crimes

Hector Tamayo

CA Bar Association Status

Active

Year Admitted to CA Bar

2006

Law School Attended

Thomas Jefferson University School of Law

Active

2006

Thomas Jefferson University School of Law

Why They Made Our List

With a legal career that spans nearly 20 years, Hector Tomayo has represented defendants in a variety of criminal defense claims. Tomayo received a certificate of commendation from the United States Marine Corps. He speaks fluent Spanish.

Notable Facts and Recognitions
  • Member of the Federal Bar Association
  • Member of the National Association of Criminal Defense Lawyers
  • Past President of the Justicia Criminal Defense Lawyers
Practice Areas
  • Criminal defense
  • White-collar crimes
  • DUI and drug crimes

Compare Top Criminal Attorneys

Lawyer Name CA Bar Association Status Year Admitted to CA Bar Law School Attended LEARN MORE
Kerry Armstrong Active 1998 Thomas Jefferson University School of Law View More
Benjamin Cheeks Active 2010 American University Washington College of Law View More
George Gedulin Active 2011 Thomas Jefferson University School of Law View More
Patrick Griffin Active 2011 Stetson University College of Law View More
Michael Hernandez Active 2004 University of San Diego School of Law View More
Stacey Kartchner Active 2003 California Western School of Law View More
Ally Keegan Active 2016 University of San Diego School of Law View More
Lindsey Mercer Active 2006 University of San Diego School of Law View More
Stefano Molea Active 2011 Thomas Jefferson University School of Law View More
Hector Tamayo Active 2006 Thomas Jefferson University School of Law View More

What Is a Criminal Defense Lawyer?

A criminal defense lawyer represents individuals or entities (corporations) who have been accused of crimes. Their role is to represent individuals through the criminal process and to advocate for their client. In addition, a criminal defense lawyer is responsible for providing their client with the best possible defense and ensuring they receive a fair trial.

As a part of their responsibility to provide effective legal counsel, criminal defense lawyers represent their clients in all pre-trial hearings, negotiations and trials. They draft documents, interview witnesses and discuss legal strategy with their clients. They advocate for their clients during the sentencing phase, and if necessary, help with the appeals process.

Public Defender vs. Private Criminal Attorney

The right to an attorney attaches as soon as you’re charged with a crime. The Sixth Amendment provides all individuals with the right of counsel even in misdemeanor cases.

Both public defenders and private criminal attorneys provide legal representation, but there are pros and cons for each. Let’s take a look at the key differences:

Eligibility

  • A public defender usually represents those individuals who can’t afford a private criminal attorney. You are assigned a public defender by the government after a review of your income, assets and expenses and a determination that you aren’t able to afford an attorney.
  • A private criminal attorney is selected by you. You can interview them and decide whether they are the right fit for you.

Costs

  • The taxpayers cover the cost of a public defender. You do not have to pay for a public defender.
  • A private criminal attorney’s costs are paid by you. The costs can be thousands of dollars, depending on the amount of work that’s required. Most charge a retainer fee and then bill hourly.

Caseload

  • A public defender is employed by the government, and their office is required to represent all eligible clients in their jurisdiction. Individual attorneys often carry a heavy caseload and may have limited time for your case.
  • A private criminal attorney has the ability to pick and choose what cases they may take, so there is a higher likelihood that they will have the time to put into your case. If you feel that they may not have time for your case, you can choose another attorney.

Resources and Support

  • A public defender may not have the resources or support to conduct their own investigations. They rely on a government budget for their funding.
  • A private criminal attorney has the resources to conduct their own investigations and find expert witnesses, as well as have the support staff to aid in your defense.

Should You Represent Yourself In a Criminal Case?

You can always represent yourself in a legal case, but this comes with several risks. The legal system is complicated to navigate and, without a background understanding of the law, it can be difficult to understand all the rules, procedures and evidentiary requirements that can impact your case.

Lawyers have access to legal resources that you will not necessarily be able to benefit from and this can be a disadvantage as you work through your case on your own. A conviction has lifelong consequences for your personal and financial future, so representing yourself may cause irreparable harm.


Understanding the Legal Process for Criminal Cases

A criminal case involves a structured process, and although the steps may vary based on the charge and jurisdiction, here’s a general overview:

  • Investigation. Police officers conduct an investigation, gather evidence, interview witnesses and determine if there is enough evidence to arrest an individual.
  • Arrest. If there is sufficient evidence, law enforcement officers make an arrest. Once the individual is arrested, they are taken into custody, read their Miranda Rights and booked at the police station.
  • Initial Appearance. The individual charged with the crime is brought in front of the judge at the arraignment or initial appearance. The individual has the opportunity to plead guilty, not guilty or no contest for the record in front of the judge.
  • Bail or Detention. The judge determines whether to set bail and release the charged individual or to keep them in jail until trial. Bail is often set based on several factors including the severity of the crime, an individual’s prior criminal history and their flight risk.
  • Pre-trial Proceedings. During this phase, various motions, potential plea agreements and other negotiations can be brought to the court. Discovery and motions to suppress evidence are also conducted at this stage.
  • Trial. If the case doesn’t result in a plea, then it will proceed to trial. Each side presents their evidence and has the opportunity to question their witnesses. A judge or jury makes a decision on the individual’s guilt or innocence.
  • Verdict. At the end of trial a verdict is delivered. If the individual is found innocent or acquitted, they are free to go home. If the verdict is guilty, then sentencing happens at a later date.
  • Sentencing. A separate hearing is held for sentencing. The judge decides the appropriate punishment including fines, probation, community service and/or jail time.
  • Appeals. If the individual believes the judge or jury came to an improper conclusion or legal errors were made during trial, they can appeal the verdict to a higher court.
  • Post-conviction Relief. After conviction, if the individual wants to challenge the legality of their confinement, they can file a habeas corpus petition.

Resolving a Criminal Case in California

There are several ways to resolve a criminal case in California. You can enter into a plea deal. Plea bargaining means you enter into a deal with the prosecutor and agree to a guilty charge. You lose your constitutional right to a trial. The prosecutor will generally lessen the charges or reduce penalties for your offense. You can enter a plea deal anytime before a verdict.

If you choose to go to trial and are convicted for a felony, you could be ordered to do the following:

  • Formal probation (usually for nonviolent offenses),
  • Serve at least one year in state prison or
  • Serve at least 16 months in county jail (for felonies that are not serious, violent or sexual).

In California, you can be eligible for parole once you serve your sentence. California has a mandatory parole system. A convicted individual has to be paroled at the end of the sentence unless they pose an overriding threat to public safety.

If you had a fixed sentence, then once you serve that required time, you are eligible for parole. If your sentence was an indeterminate amount of time, you can be eligible for parole once you serve the sentence’s lower range. You will appear in front of the parole board and they will make a determination if you can be paroled based on public risk and good behavior.


Expungement in California

Under the California Penal Code, certain qualifying offenses can be expunged from your criminal record. Individuals who were convicted of a crime can petition the court for a dismissal of a conviction. Here are key elements to understand about expungement in California:

  • Eligibility for expungement: Individuals with a misdemeanor or felony who have completed probation and have not been convicted of any subsequent criminal offenses or are not currently facing any criminal charges are able to apply for expungement.
  • Ineligibility for expungement: You are ineligible for expungement if you currently have an open case or your conviction is for a serious, violent or sex offender crime.
  • Expungement impact: If the court grants the expungement, you are allowed to change your guilty plea or no contest to a not guilty plea. The court will set aside the verdict or withdraw the guilty plea and dismiss the case.
  • Disclosure of expungement: You don’t have to reveal the expungement to your employer, but you may have to reveal it for certain professional licenses, government applications, and applications for public office.

How to Choose the Best Criminal Lawyer in San Diego, California

You want to choose the best criminal lawyer for your specific situation. If this is your first time looking for a criminal defense lawyer, you may not know what to look for. Here are specific ways to determine if a criminal defense attorney is the right fit for you:

  • Conduct a search online. Look for criminal defense lawyers, read their websites and testimonials and check to see if they practice in the area that you need.
  • Ask for referrals from your local bar association. Contact the California State Bar or San Diego Bar Association for referrals for qualified defense lawyers. They often have a list.
  • Seek a consultation. Meet with the lawyer during an initial consultation. Ask if they have specific experience in the area of representation you’re seeking. Also, ask about their not guilty and acquittal record and see whether their personality will work for you during the course of your legal representation.
  • Check credentials. Check the California State Bar for information about any lawyer. It will show their disciplinary history, if they are currently active in the practice and where they are admitted to practice.
  • Understand the fee structure. Attorneys can be expensive, so it is important to conduct your own due diligence and ask about hourly rates and flat fees.
  • Assess availability. Ask your lawyer about their current caseload and their availability to represent you.
  • Trust your gut. This is your defense and if you have any doubts about a lawyer, you may want to seek alternate counsel.

San Diego Criminal Defense Resources

There are several criminal defense resources available for individuals who are charged with a crime. Here are some of those resources:

San Diego’s Non-Emergency Police Department Contact

There are several scenarios where you may want to contact San Diego’s police non-emergency line. Some instances include handling a noisy neighbor, reporting a crime (with no suspect present) after it has occurred and requesting extra police patrols in your neighborhood. The phone number is 619-531-2000.

Where to Get a Police Report and Copy of a Criminal Record

You can get a police record and a copy of a criminal record through the following link: San Diego Government/Reports.

Guides and Forms Related to Criminal Defense Help

San Diego Law Library

Various Resources for Matters Related to Criminal Defense

Alternate Public Defender’s Office
Appellate Defenders, Inc. (Criminal appeals only)
California Victims of Crime Program
City Attorney’s Office, City of San Diego
Crime and Trauma Recovery Program
Public Defenders, County of San Diego
Federal Defender’s of San Diego, Inc.
Institute for Criminal Defense Advocacy – California Innocence Project
Legal Aid Society of San Diego, Inc.
San Diego Volunteer Lawyer Program


Methodology

To come up with the criminal defense lawyers in San Diego of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

  • Legal experience
  • Special licenses & certifications
  • Ethics and bar disciplinary measures
  • Legal thought leadership
  • Education & employment background
  • Scholarly lectures & writings
  • Awards & Honors

Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.


Frequently Asked Questions (FAQs)

How much does a criminal defense lawyer cost in San Diego?

A criminal defense lawyer in California can cost from $150 to $700 per hour. A lawyer’s rate is dependent on several factors including the severity of the crime and complexity of the case, as well as the attorney’s experience related to your specific situation. It is a good idea to ask specific questions about rates and fees before you agree for a lawyer to represent you.

What makes a good criminal defense lawyer?

Find a criminal defense lawyer who has ample experience related to your charges and case. Also, ask the lawyer about their trial history and how many acquittals or not guilty verdicts they’ve received in their cases. Another key feature of a good criminal defense lawyer is how available they are for your case.

Should I represent myself in a criminal case?

Most jurisdictions allow you to represent yourself in a criminal case. Representing yourself has serious consequences, however, especially if you’re unfamiliar with the laws, rules and procedures of the court.


Next Up In Legal


Information provided on Forbes Advisor is for educational purposes only. Your financial situation is unique and the products and services we review may not be right for your circumstances. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. Performance information may have changed since the time of publication. Past performance is not indicative of future results.

Forbes Advisor adheres to strict editorial integrity standards. To the best of our knowledge, all content is accurate as of the date posted, though offers contained herein may no longer be available. The opinions expressed are the author’s alone and have not been provided, approved, or otherwise endorsed by our partners.
The Forbes Advisor editorial team is independent and objective. To help support our reporting work, and to continue our ability to provide this content for free to our readers, we receive compensation from the companies that advertise on the Forbes Advisor site. This compensation comes from two main sources. First, we provide paid placements to advertisers to present their offers. The compensation we receive for those placements affects how and where advertisers’ offers appear on the site. This site does not include all companies or products available within the market. Second, we also include links to advertisers’ offers in some of our articles; these “affiliate links” may generate income for our site when you click on them. The compensation we receive from advertisers does not influence the recommendations or advice our editorial team provides in our articles or otherwise impact any of the editorial content on Forbes Advisor. While we work hard to provide accurate and up to date information that we think you will find relevant, Forbes Advisor does not and cannot guarantee that any information provided is complete and makes no representations or warranties in connection thereto, nor to the accuracy or applicability thereof. Here is a list of our partners who offer products that we have affiliate links for.
lorem
Are you sure you want to rest your choices?