What Does a Criminal Defense Attorney Do to Keep You Out of Jail?

what does a criminal defense attorney do

When you’re facing criminal charges in San Diego, your freedom is on the line. It’s not just about “having a lawyer”, it’s about having the right criminal defense attorney. Someone who knows what it takes to keep you out of jail, protect your reputation, and help you regain control of your future.

At David P. Shapiro Criminal Defense Attorneys, we don’t just react to charges—we get proactive. Here’s what we actually do to keep you from going to jail.

1. We Get In Early and Get to Work—Fast

The earlier you hire a defense attorney, the more opportunities you may have to avoid jail altogether.

Whether you’ve been arrested, are under investigation, or just got wind that law enforcement may be watching, you need someone who can take immediate action.

We step in to:

  • Make contact with the prosecutor before charges are filed.
  • Present exonerating evidence early.
  • Advocate for charges to be reduced, or never filed at all.

Why this matters: If we can prevent formal charges from ever being filed, you may never need to step foot in a courtroom. That’s a big win.

2. We Analyze Every Detail the Government Thinks It Has on You

No two cases are the same, and no case is ever as simple as the police report makes it seem.

Our job is to break the government’s case down to the foundation and challenge every assumption. We:

  • Dig into police body cam footage, lab results, and officer testimony.
  • Examine the legality of every stop, search, and seizure.
  • Uncover mistakes, contradictions, or constitutional violations.

If your rights were violated, we’ll push to have the evidence, and maybe the entire case, thrown out.

3. We Create a Game Plan to Avoid Jail from Day One

Some lawyers wait until the plea deal or trial to figure out strategy. Not us.

We immediately assess:

  • What charges you’re facing.
  • What the prosecutor is likely to offer.
  • Whether diversion, probation, or other alternatives are viable.
  • How your background (or lack of one) can work in your favor.

From the start, we build a defense designed to do one thing: keep you out of jail.

That could mean fighting the charges head-on, negotiating a favorable resolution, or pushing for dismissal based on weak evidence.

4. We Negotiate With Leverage—Not Desperation

Prosecutors don’t offer good deals out of kindness. They offer them when they know they could lose at trial.

That’s why we work each case like it’s going to trial, even if it doesn’t.

We prepare strong legal arguments, gather witness statements, hire expert witnesses if needed, and come to the table with leverage.

That leverage can mean the difference between jail time and walking away with your freedom intact.

5. We Know the Local System Inside and Out

San Diego isn’t just any city. It has its own judges, its own prosecutors, its own unspoken rules.

Our firm has spent years practicing exclusively criminal defense in San Diego. We know:

  • Which judges are open to second chances.
  • Which prosecutors are reasonable, and which ones aren’t.
  • How to position you in the best possible light based on where your case is assigned.

That local insight helps us tailor your defense in ways that out-of-town lawyers can’t.

6. We Fight for Alternatives to Incarceration

Even in tough cases, where evidence isn’t in your favor, we never give up.

We explore every alternative available under California law, including:

  • Diversion programs (for drug charges, mental health concerns, or military veterans).
  • Probation in lieu of jail, especially for first-time offenders.
  • Work furlough or house arrest options.
  • Deferred entry of judgment or pretrial diversion, where a case is dismissed upon successful completion.

Our goal is simple: jail should be the last resort, not the starting point.

7. We Tell Your Story—and Make It Count

You’re more than just your case number. You’re a human being with a future worth protecting.

We help judges and prosecutors see that by:

  • Highlighting your background, accomplishments, and personal growth.
  • Gathering letters of support from family, coworkers, and community members.
  • Showing your willingness to accept responsibility, without accepting guilt, when appropriate.

When the system sees you as a person instead of a case file, everything changes.

8. We Take Cases to Trial When It’s the Right Call

Sometimes, the only way to stay out of jail is to fight back, and win.

We’re not a plea-first firm. If the case calls for trial, we’ll prepare and execute a courtroom strategy built to win.

We’ve helped clients beat:

  • Domestic violence allegations.
  • Drug possession and sales charges.
  • DUIs
  • Sex offenses.
  • Assault, robbery, murder, and more.

If trial is your best shot at freedom, we’ll be ready.

9. We Help You Protect Your Record After the Case Ends

Your criminal defense shouldn’t stop once the judge bangs the gavel. A clean record helps keep you out of jail in the future, too.

We assist with:

  • Expungements, so your past doesn’t haunt you.
  • Probation modifications or early termination.
  • Restoring your rights, like gun ownership and voting.
  • Sealing arrest records when possible.

These steps can be critical to keeping your life on track, and staying far away from the justice system again.

Charged With a Crime in San Diego? Jail Is Not a Foregone Conclusion.

Whether you’re being investigated or you’ve already been arrested, it’s easy to feel like the system is stacked against you.

But you still have options, and you still have rights.

At David P. Shapiro Criminal Defense Attorneys, we’ve built our entire reputation around helping people like you avoid jail, defend their name, and reclaim their future.

We don’t just take cases. We take action.

If you’re serious about protecting your future, schedule a confidential consultation today. The sooner we get involved, the more we can do to help.

Author Bio

David P. Shapiro

David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.

Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.

His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.

Google | Avvo | LinkedIn| The State Bar of California