As a criminal defense lawyer, I am frequently asked by friends or acquaintances what to expect when arrested or charged with a crime in California. My answer is always twofold: it depends on the crime, and it depends on where you are arrested and charged.
Although the California state legislature writes and enacts criminal laws, each jurisdiction within the state enforces those laws differently. While the California Penal Code defines the elements of crimes and the range of possible sentences, local norms and practices also have a significant impact on the outcome of a case.
The Public Defender is the Largest Law Firm by Size
As is true in most jurisdictions, the public defender’s offices in Santa Barbara County and Ventura County are each county’s largest law firm. Consequently, the relationships these offices have with the court and prosecutors set the tone for how criminal law is practiced in the community at large.
Other factors that tend to play a role are the political disposition of the community, whether the community has an institution like a university or a military base, and how affluent the community is.
Perhaps most importantly, Ventura has one courthouse that serves the entire county, whereas the courthouse in Santa Barbara only handles cases that occur in South County–Santa Barbara, Goleta, Isla Vista, Montecito, and Carpinteria.
Caseloads and Plea Bargains
Across the board, Ventura sees a lot fewer plea bargains than Santa Barbara. The high number of speedy trial cases (i.e. cases that must be dismissed if not tried before a deadline) forces prosecutors to prioritize their trial cases, and when things are highly impacted, dismiss less serious misdemeanor cases or cases with shaky proof.
As a deputy public defender, my supervisors encouraged me to assert my clients speedy trial rights and push misdemeanor cases to trial and felony cases to preliminary hearing as soon as possible, and on the other side, the supervising district attorneys train their deputies to quickly get ready on any case that gets filed.
Trials move very fast in Ventura with judges motivated to pick juries, hear closing arguments, and get verdicts, then move onto the next one without wasting any time.
In contrast to Ventura, Santa Barbara places a heavy emphasis on plea bargaining and compromising. Because of the emphasis on plea bargaining, cases in Santa Barbara often take longer to reach a resolution so that the defendants can do the work necessary to earn a better deal than the initial offer.
Following a more relaxed schedule, judges in Santa Barbara often allow a day off in the midst of a trial and a short break before the closing arguments.
Hogan Ganschow is a native Santa Barbaran and criminal defense attorney with experience handling cases in Ventura and Santa Barbara Counties.
The son of two career public defenders, and a former public defender himself, Mr. Ganschow has built a career fiercely advocating for the accused in misdemeanor and felony criminal cases.
The Law Office of Hogan Ganschow is located at 3 West Carrillo Street, Suite 203B in Santa Barbara, CA, 93101, and can be reached at 805.664.1222 and at santabarbaradefender.com.