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Why Are There Such Few Good Murder Defense Attorneys?

Posted by Ronald D. Hedding, ESQ. | Feb 23, 2019

It's my opinion, based on twenty-five years of practicing criminal defense, working for the District Attorney's office, and serving as a judicial assistant to a Superior Court Judge, as well as my own practice since 1994. I've been a defense attorney for approximately twenty-five years, specializing in defending individuals charged with crimes.  In the early 90s, when I first started, I was actually defending murder cases, so I've been defending them since that time, and I've seen a lot of things.

I've seen attorneys.  I've heard what people have said.  I've taken over cases for attorneys who didn't know what they were doing.  To me, it is a very small community of attorneys who specialize in criminal defense, particularly those who handle murder cases.  There are many attorneys who excel at negotiating cases and handling small claims.  They know a lot of people, but when it comes to a murder case, you're basically fighting for your client's life.

Difficult Death Penalty and Life Without Parole Cases

Some of the murder cases are death penalty cases.  Some of them are LWOP — life without the possibility of parole, and then some of them have life attached to them — fifteen to life, twenty-five to life, or more.  In many cases, people are facing the prospect of spending the rest of their lives in prison, and as a result, many attorneys are hesitant to take on these types of cases because they recognize their limited skill set in fighting against the best prosecutors.  Because that's what the District Attorney's office does in Los Angeles — they put their best, most seasoned prosecutors on their murder cases.

Not only that, but the homicide detectives are the ones investigating it, and they have the necessary experience.  They've been doing it for a long time.  They're usually the elite law enforcement officers.  So, whatever attorney is going to defend a criminal defendant in Los Angeles who is charged with a murder or homicide case — whatever you want to call it — is going to have to be able to compete against the best.

In my view, there is a short list of attorneys who have actually competed against the best and achieved success. Many attorneys are reluctant to take on these cases.  I've seen attorneys take cases, do the prelim, and then the client comes to me, and I say, Why isn't the other attorney continuing on?  They say, Oh, they can't handle this case after the prelim because they're afraid to do a trial in a murder case.  That's the problem.

Attorney Affordability

One significant hurdle in the pursuit of justice is the financial aspect.  The fees of an attorney who would need to dedicate weeks of their life to a trial can be prohibitive for many clients.  The preparation alone for a murder case in Los Angeles County is extensive, further adding to the cost. This financial barrier often limits the pool of seasoned criminal defense attorneys, making it even more challenging for individuals to access quality legal representation.

As you can see, it makes sense that there is a limited number of seasoned criminal defense attorneys who handle these murder cases.  So, you need to sit down and talk to the attorney you're considering hiring.  I bring you in, and we talk about it. I will provide you with examples of murder cases I have handled in Los Angeles, specifically in the downtown courts and all Los Angeles County criminal courthouses. For instance, I successfully defended [Case A] and [Case B], both of which involved [specific details about the cases and the strategies used]. We can compare those cases with your particular case and identify any similarities, as well as explore strategies that can help you achieve the best result in your murder case or that of a loved one.

High Bail

Often, it's not the defendant in a murder or homicide case who is seeking an attorney.  It's their family because the murder bail went from a million to two million when you're charged with murder in LA county, and if any special enhancements or other stuff is going on that justifies the bail being jacked up — I've seen bails at three million, eight million, ten million.  I mean, they just set the bail so high that the person cannot afford to get out and help with their defense.  They have to help with their defense from inside, while in custody.

So, you want to get an attorney who has done these cases, had success in Los Angeles County, knows the judge, knows the prosecutor, knows their tendencies, knows what the jury pool is likely to believe, what they're not able to believe.  Not only must an attorney be willing to try the case, which is a necessity.

Even if the case isn't going to trial, the prosecutors need to know that the attorney handling the murder case in Los Angeles is prepared to try it and win. If they're not concerned that the defense attorney can win the case, then there's little chance of them offering a deal that a person would want to accept under the circumstances of their case.

The prosecutors have to look at the defense attorney and say, ' Alright, well, listen. '  There is a risk we could lose this case.  This is a good criminal defense attorney.  He knows what he's doing.  He's beaten us before.  We know he is going to challenge us at every step of the way, so maybe it is better to offer a deal and not go through a two, three-week trial where the defense attorney may be able to convince a jury on a lesser charge that we could just offer him in the beginning or get a not guilty verdict altogether.

Negotiation Skills with a Prosecutor

Also, your defense attorney, in addition to being able to try the case, has to be able to negotiate a murder case in Los Angeles because if you don't know the value of a murder case — if you haven't done other murder cases to compare it too — if you haven't dealt with these prosecutors on murder-related charges or attempted murder-related charges or serious charges, you're not really going to know the value of a particular case that you're defending, so how do you know what you're supposed to try to get your client if your client is likely to be found guilty of something.  Sometimes, your client is likely to be found guilty of murder because of the circumstances.

You have got to know, is there a way to get this person something other than fifteen to life, or something more?  Is there a way to get a determinate sentence where we know exactly when that person is going to be released — a sentence that allows them to have still a life left when they are released?

A select group of criminal defense attorneys in Los Angeles possesses the knowledge and ability to fight these cases effectively. Pick up the phone. Make the call. Schedule an appointment with me, and we will do everything possible to assist you.

About the Author

Ronald D. Hedding, ESQ.
Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

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