San Marcos Criminal Defense Lawyer

Talk to a top-rated San Marcos criminal defense lawyer now!

If you were arrested for DUI, drug possession, or domestic battery, you’re probably scared. Don’t worry. Our San Marcos criminal defense lawyer is ready to defend you aggressively. Contact our criminal law attorneys in San Marcos for immediate legal assistance.

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San Marcos Criminal Defense Guide

Our Services

The San Marcos criminal defense lawyers at Elite Criminal Defense are standing by to defend you 24/7. Our attorneys have an excellent record of case dismissals and reductions for most crimes. Our clients rave about our results, reflected in our 4.9 Google rating based on 69 reviews. We know how to fight the prosecutor and win.

Terroristic Threats

A San Marcos terrorist threat is a serious allegation under California Penal Code 422. You can go to prison for years if you threaten someone with death or significant bodily injury. You can rely on our terroristic threats lawyer in San Marcos to fight for your freedom.

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Prostitution & Solicitation

Soliciting prostitution in San Marcos is a serious crime under California Penal Code 674(b), and you can go to jail for up to six months for performing or paying for sexual acts for compensation. Our prostitution lawyers in San Marcos will fight hard for your legal rights.

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Assault & Battery

Being charged with assault and battery in San Marcos is scary. Your freedom and future are at stake. But our skilled assault lawyer in San Marcos can construct a strong defense against these serious charges. We’re available 24/7 to defend your legal rights.

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Carrying a Concealed Weapon

Carrying a concealed weapon in San Marcos is taken seriously by the police. You can be sent to jail and be saddled with a criminal record that impacts your future. A skilled concealed weapons lawyer has the track record to get your charge dismissed or reduced.

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First Degree Murder

First degree murder in San Marcos can put you in prison for life without the possibility of parole. The prosecutor, however, must prove beyond a reasonable doubt that you committed premeditated murder. Our first-degree murder lawyers in San Marcos will aggressively fight these serious charges.

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Possession with Intent to Sell

California Health and Safety Code 11351 states that possession of drugs with intent to sell is a serious crime. You may be sent to prison for a long time if convicted. However, our intent to sell drugs lawyer in San Marcos has an excellent record winning these serious criminal cases.

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Hit and Run

You allegedly left the scene of an accident in San Marcos. This is a serious crime, and you can be jailed if convicted. However, a hit and run attorney in San Marcos may argue that you didn’t flee the scene or didn’t realize you were in an accident. We are here to defend you 24/7.

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Forgery

Being charged with forgery in San Marcos can lead to years behind bars. You also will have a criminal record that makes it difficult for an employer to trust you. But an elite fraud lawyer in San Marcos can build a strong defense to beat the charge.

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DUI Defense

You had a beer at a San Marcos bar and were arrested for DUI. You face jail time, and the loss of your driver’s license, but our skilled DUI defense attorney in San Marcos has the experience and knowledge to dismiss your charge.

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Drug Trafficking

Drug trafficking is a scourge in San Marcos, and you can be imprisoned for up to nine years if convicted. Our outstanding San Marcos drug lawyer will fight hard to prove that you weren’t trafficking drugs. We are available 24/7 to mount an aggressive defense.

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Corporal Injury to a Spouse

Corporal injury to a spouse is a type of domestic violence, and you can be put in jail for a long time. Our domestic violence attorney in San Marcos knows the law and will contest that you caused an injury to your partner. Our criminal defense attorneys get results.

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Domestic Battery

A charge for domestic battery in San Marcos is serious because it means you purposely injured a family member. You can be imprisoned for years and be stuck with a criminal record. But our lawyer for domestic battery knows how to build a winning defense.

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Attempted Murder

A charge for San Marcos attempted murder can lead to years in state prison. But the state must prove that you tried to kill the other person. Our attorney for attempted murder in San Marcos knows how to create reasonable doubt to obtain the best case result.

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Assault With Deadly Weapon

Assault with a deadly weapon charges can lead to a long prison sentence and a permanent criminal record. Your freedom is on the line. You need a proven assault with deadly weapon lawyer in San Marco to fight for your rights.

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Felony Reckless Evading

Did you allegedly flee from the police and endanger others? This is called felony reckless evading, and you may go to jail for a long time. You should contact a tenacious San Marcos assault attorney to defend you. Our assault lawyer in San Marcos gets outstanding results, including frequent case dismissals.

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Lewd and Lascivious Acts with a Minor Child

Lewd conduct charges in San Marcos are serious and you could go to prison for years. You also could be required to register as a sex offender. A lewd and lascivious lawyer in San Marcos has the track record to defend your rights successfully.

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Burglary

Burglary in San Marcos can be first or second degree. First degree burglary is a felony and can result in a long prison sentence. Our San Marcos burglary lawyer may argue that you didn’t realize the items weren’t yours, and other strong defenses are possible.

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Get Help Now

If you or someone you know has been arrested, Don’t wait! Contact us right now for a free consultation. The sooner you have a criminal defense attorney on your criminal or DUI case, the better your chances of taking the correct steps to getting the results you want.

Criminal Defense

You were recently charged with a felony or misdemeanor in San Marcos. What does your future look like if you’re convicted? Jail, fines, and a criminal record for life are possible. But an accomplished and tenacious San Marcos criminal law firm is ready 24/7 to obtain the best outcome for your case. Our criminal law attorneys in San Marcos know the law and how to build a strong defense against the most serious criminal charges. Whether you were charged with DUI or drug trafficking, our criminal defense lawyer is here to help. Learn more about Criminal Defense

DUI Defense

The police in San Marcos stopped you for drunk driving. Should you just plead guilty and not talk to a lawyer? No! Even a first-offense DUI can lead to jail time, fines, a suspended license, and more. But our elite DUI defense attorney in San Marcos is skilled at building a strong defense against DUI charges. Previously, we have successfully questioned the DUI stop, the breath or blood test, and how the police conducted the roadside sobriety tests. A strong DUI defense is possible with excellent DUI attorneys in San Marcos in your corner.
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Domestic Violence

Domestic violence is a severe crime in California. You can receive a year in jail for a first offense domestic violence conviction. There also is a serious social stigma that can ruin your life when you get out of jail. You need a top-notch San Marcos domestic violence attorney to review your case and build a strong defense against this serious charge. We might argue self-defense, false accusation, lack of evidence, etc. Our domestic violence attorney excels at creating reasonable doubt. Learn more about Domestic Violence

Why Elite Criminal Defense?

The very foundation of our practice is based on the belief that each client’s case is unique and that regardless of their circumstances, every client deserves the absolute best representation possible. That’s our promise, to each and every client we represent, that it does not matter what you’ve done or what you’re being accused of, we will fight for you and be beside you every step of the way.

Burglary

A 2nd-degree burglary charge in San Marcos can endanger your future and freedom. You can even get up to three years in prison, and the conviction will appear on any background check for future employment. However, the prosecutor needs overwhelming evidence to convict you of breaking and entering. Our San Marcos burglary attorney excels at building a strong defense to burglary charges. We are available to defend your rights 24/7. Learn more about Burglary

Drug Possession

Drug laws have been loosened in many parts of the US, but you can still go to jail in the San Marcos area for drug possession. Being charged with possession with the intent to sell or minor in possession can put you in jail for months. A drug possession conviction can make it difficult to get a job or rent an apartment, too. You need to contact a strong San Marcos drug possession attorney to refute these severe charges. Our attorneys can construct a strong defense to attain the best case outcome. Don’t attempt to handle your own drug possession case - talk to our San Marcos drug possession attorneys any time.
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Sexual Assault

A sexual assault charge in San Marcos is scary, and the consequences can reverberate for years if you’re convicted. You can be jailed for years, fined, and be put on the registered sex offender list in California. However, the prosecutor needs strong evidence to convict you, and a skilled San Marcos sexual assault attorney knows how to create reasonable doubt in cases like yours. Our sexual assault defense attorney is standing by 24/7 to build a robust defense to a sexual battery or assault charge. Learn more about Sexual Assault

Criminal Defense FAQ

Which courthouse handles San Marcos cases?

Criminal cases from San Marcos are handled at the North County Regional Center in Vista, which serves as the North County division of the San Diego Superior Court. This full-service branch hears misdemeanors, felonies, traffic matters, and more for residents of San Marcos.

Where do I go after arrest and how does bail work in San Marcos?

After arrest, booking commonly occurs at a county jail facility. You’ll be seen in court for arraignment out of the Vista courthouse within approximately 48–72 hours and bail is set based on the offense, flight risk, and criminal history. Release may be on bail or your own recognizance.

What should I bring to the first lawyer meeting?

Bring all relevant paperwork, including citations, police reports, incident notes, witness information, and any evidence such as photos, texts, or video. Your lawyer will also want your version of events and prior criminal history—this level of detail enables early strategic planning.

Are diversion or specialty courts available in North County?

Yes, San Marcos residents may qualify for various diversion programs through Vista’s North County Regional Center, including drug court, mental health court, or veterans court, depending on the case type and eligibility. Successfully completing these programs often leads to dismissal or reduced sentencing.

How do I obtain a police report for a San Marcos incident?

To get a police or arrest report in San Marcos, submit a request to the San Marcos Police Department (via their Public Records Division). Expect a turnaround time of approximately 5–10 business days. Court filings and case details may also be accessed through the San Diego Superior Court’s online case search.

What are the potential penalties if you are charged with a crime in San Marcos?

Penalties vary by crime:

  • Misdemeanors: up to 1 year in county jail, fines, probation.
  • Felonies: can result in state prison time, higher fines, and long-term consequences such as firearm restrictions, immigration concerns, and damage to professional licensing.

Collateral impacts may include increased insurance rates or employment restrictions.

What is the statute of limitations in San Marcos for criminal charges?

California law generally allows:

  • 1 year for misdemeanors,
  • 3 years for most felonies,
  • No limit at all for serious crimes like sexual assault of a minor or murder.

Specific offenses like domestic violence have extended timelines (up to five years).

What local agencies handle criminal cases in San Marcos?

If you're facing criminal charges in San Marcos, California, several key agencies are likely to be involved in the investigation, arrest, and legal defense process:

  • San Diego County Sheriff’s Office – San Marcos Station: This is the primary law enforcement agency for the San Marcos area. Deputies from this station handle local patrols, criminal investigations, arrests, and incident reporting for both misdemeanor and felony charges.
  • San Marcos Police Department (SMPD): The SMPD works in coordination with the Sheriff’s Office to ensure city-specific enforcement. They respond to local crimes, conduct preliminary investigations, and coordinate with prosecutorial agencies when criminal charges are filed.
  • San Diego County Public Defender’s Office: For individuals who cannot afford a private attorney, this office provides skilled legal representation in criminal cases, including trials, arraignments, and plea negotiations within San Diego County’s North County Regional Center.

Get Help Now

If you or someone you know has been arrested, Don’t wait! Contact us right now for a free consultation. The sooner you have a criminal defense attorney on your criminal or DUI case, the better your chances of taking the correct steps to getting the results you want.