As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
As a former Deputy Public Defender in Riverside County, Mr. Donath has always been on the defense side of the law.
Top 100 Trial Attorneys in California 2012-2014, 2008 Trial Attorney of the Year by the Riverside County Public Defender's Office, and dozens of other awards and accolades.
Your lawyer should have a passion for defense, not just a passion for money. Reputation, vigor, and determination go a long way in this business.
Posted in General FAQ'S on April 26, 2017
San Diego County has displayed some interesting trends in conviction and acquittal rates for criminal cases over the past few years. According to an internal District Attorney’s Office analysis of trial results for recent years, the court system has convicted roughly one out of every three defendants in San Diego County criminal cases.
Some argue this indicates prosecutors are too often unable to convince juries of defendants’ guilt beyond a reasonable doubt, but several other factors are in play with these metrics, such as split juries and dismissed charges in some cases.
The District Attorney’s Office report included several interesting statistics concerning crime and convictions in San Diego County for 2016:
These statistics may indeed indicate some measure of failing on part of the prosecutors in these cases, but there are several other things to consider. It’s important to note that these figures do not factor in negotiated pleas. Some guilty defendants choose to take convictions for lesser charges instead of fighting charges and risking stiffer punishments when possible.
Most judicial agencies aim for a high conviction rate. Last year, the San Diego County District Attorney’s Office aimed for a 90% felony conviction rate and an 80% misdemeanor conviction rate. Deputy District Attorney David Greenberg recently stated that the District Attorney’s office is considering new methods for choosing which cases go to trial, better negotiation tactics for dealing with defense lawyers, and new methods for trying cases. These changes may improve the County’s conviction rate.
Some have criticized the San Diego County District Attorney’s Office for its tracking methods when tabulating conviction rates. For example, in some criminal cases, a jury may acquit a defendant of a felony charge while convicting him or her of a misdemeanor charge. Despite there being no felony charge, since a case such as this was originally for felony charges, the District Attorney’s Office counts it as a felony case.
The District Attorney’s Office has also reported a 93.7% conviction rate for 2016 during District Attorney Bonnie Dumanis’ recent reelection campaign. While this figure is technically accurate, it includes cases that led to plea bargains and misdemeanor convictions in felony cases, not just conviction verdicts.
Defendants in San Diego County benefit greatly from hiring qualified defense attorneys. In most cases, experienced defense attorneys will be able to ensure defendants who are not guilty as charged will not face undue punishments. Some cases are less open to interpretation, and when a defendant’s culpability for a crime is clear, the defense attorney may still be able to plea bargain for lighter charges and more relaxed sentences.
Ultimately, conviction rate goals exist to inform the public about successfully closed cases and sentenced criminals. A high conviction rate logically indicates that more defendants are assuming responsibility for their crimes. However, remember that the justice system hinges on the concept of “innocent until proven guilty.” It is the prosecution’s burden to provide proof of a defendant’s guilt beyond a reasonable doubt. While defense attorneys can help protect the rights of falsely accused or misunderstood defendants, prosecutors must strive to hold guilty parties accountable for their crimes.