Disabilities Criminal Defense Attorneys
Los Angeles, California
Patrick S. Smith
Beltran & Smith, LLP Attorneys at Law
Practice Areas
Patrick S. Smith is an attorney licensed by the state of California and practices in both state and federal courts. His practice involves criminal and civil litigation and the resolution of cases, hearings, trials, and appeals.
Criminal Law
As an attorney with extensive experience from his days in the Los Angeles County Public Defender's Office, Patrick has a vast amount of expereince in handling criminal cases. Patrick understands the burdens and responsibilities of a criminal defense attorney are often misunderstood, but that representing the rights of individuals in these courts is an awesome task. He has handled serious felony cases for those with and without developmental disabilities involving murder,attempted murder, assaults, drug trafficking and other serious offenses.
Because of his involvement in the education of children and adults with special needs, Patrick has developed a practice where he focuses on representation involving persons with disabilities or other developmental issues.
As a former US Department of Justice Attorney and Law Clerk to a federal judge, he started out with expereince in federal court. Patrick handles complex criminal litigation in the federal and state courts involving conspiracy, real estate fraud, drug trafficking and other federal offenses. He has represented clients in all courts with disabilities and competency issues.
Patrick's experience with working with children and adults with disabilites renders him especially sensitive to the needs of families and clients who are facing the horrible prospect of federal indictments or state court criminal charges. He works confidentially, deals with the media when necessary, but always tries to resolve the cases, by trial or settlement, in the best interest of the client and out of the public spot light.
Juvenile Delinquency Law
"Juvenile Delinquency Law " is California's way of describing the area of practice involving the prosecution of children (minors) who have not yet reached the age of majority -- 18. The goal of Juvenile Court is to rehabilitate the "minor."
Patrick Smith has extensive experience in representing minors in serious felony and misdemeanor cases with the goal of getting the case resolved, dismissed, and sealed. He has has successfully obtained dismissals in arson cases, assault cases, and cases arising out of expulsion issues at local schools. While all cases cannot be resolved this way, the cases not dismissed for the minor should be the exception. In some cases, California law allows certain minors to be prosecuted in adult court, based on the crime charged and the history of the minor. Patrick represents all such minors, with and without disabilities.
Special Education
Under the IDEA (Individuals with Disabilities Education Act) all students are entitled to a Free and Appropriate Public Education (FAPE). As an attorney, Patrick works with families in seeing to it that their needs are met. In the most troubling cases, children (and adults) with disabilities (such as Autism, Learning Disabilities, ADD and ADHD) where they engage in conduct which is a manifestation of their disability results in inappropriate referrals to the police or the court system. Patrick represents such children and adults in successfully navigating the difficult court system. He works to educate the prosecutors and the Judges so that they can understand how these issues are best resolved through non-criminal interventions. Patrick represents these clients zealously to see to it that their rights are protected and that the disability is taken into account in deciding how to resolve the case.
DUI Representation
Driving Under the Influence charges are sometimes referred to as the "common man's crime." In other words, people with no criminal intent and with stellar backgrounds can get caught up in these cases through an unfortunate lapse in judgment. Patrick has represented hundreds of clients in DUI cases with great success both in the criminal court and before the DMV. These cases are litigated to the fullest in order to gain the best possible result for the client.
Pre-Charging Representation
The most important time to contact an attorney is when trouble is a possibility, no matter how remote. The importance of having an attorney prior to talking or being interviewed by law enforcement cannot be overstated. Patrick represents clients at the earliest stages of the criminal process with the goal of avoiding the filing of charges or, at least, minimizing the adverse consequences. For example: Suppose a youngster gets in trouble at school for some "expellable" offense under the Education Code. Contacting counsel at the earliest possible point can help in preventing an expulsion and avoid adverse criminal charges. Another example: If one receives a call from the Police requesting that they submit to an interview, counsel should immediately be called in order to ensure that their rights are protected. All of us have rights, if we do not exercise them, the system breaks down. We also subject ourselves to unnecessary stress and risk avoidable outcomes. Most people think: "If I just talk to the police, they will understand and I will be free from suspicion." Unfortunately, it does not work that way. You need objective and competent representation at every stage so you can make informed choices for you or your loved one.
Civil Rights Litigation
Patrick has extensive experience in the prosecution of civil rights cases in the state and federal courts. Civil Rights violations occur when government entities or their empoyees and representatives unlawfully harm us. Such violations can occur in the Education setting to children with and without special needs. Violations can occur from abuse by government officials in violations of your First Amendment rights of free speech and the free exercise of religion. Violations can also occur in your contact with law enforcement and in virtually any contact with the government.
Patrick has tried many civil rights cases in the federal courts, handled appeals in the Ninth Circuit and taken one case all the way to the United States Supreme Court.