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Elite Criminal Defense, APC
8880 Rio San Diego
Suite 800
San Diego, CA 92108
"Regardless of the sometimes-dramatic changes in the law, technology and even personnel within our own organization, we remain one hundred percent committed to our mission, which is to provide the strongest criminal defense at a price that is fair for everyone involved,” says Oscar B. Valencia, Founder of Elite Criminal Defense, APC.
Valencia has more than 20 years of legal experience. Today his practice focuses primarily on criminal defense in both state and federal courts. He is admitted to practice in all State of California Courts, and in the following federal courts: Southern District of California, Eastern District of California, Central District of California, Northern District of California, Colorado District Courts, Federal 9th Circuit Court of Appeals, and US Supreme Court.
A key factor in the growth of Elite Criminal Defense is Valencia’s drive to find and hire the best talent to enhance the firm’s commitment to its mission. “We hire based on hard work and dedication. We do not give special treatment to anyone and expect every team member to do their best. Our team, including leadership, comes from diverse backgrounds, and what matters most is their commitment to our clients and the firm,” Valencia says.
For example, a recent addition, Michelle Cameron-Hunsaker, began her legal career as a runner and receptionist and worked her way through all aspects of the legal field. In 2012, she established her firm Hunsaker Law dedicating her practice to advocating for clients and now brings that experience and expertise to Elite Criminal Defense. “She is deeply dedicated to achieving the best possible results for our clients. She is known for her caring nature by clients and staff. Her commitment to the law, her team, and the people she represents has already made a meaningful impact at our team. I don’t think I’ve met another attorney who fights more for her clients. She goes out of her way and leaps and bounds. I mean, she really is absolutely fantastic,” Valencia says.
He praises the other attorneys and the staff with equal enthusiasm. “They all have experience. I don’t think that anyone on our staff has less than 20 years of experience. Experience matters. If I had a son and he got in trouble with the law, I wouldn’t hesitate to have any of the lawyers that work with us represent him in court, he says.
Valencia has worked hard through the years to maintain a culture of dedication, teamwork, and professionalism, believing that a strong team is the foundation of a successful law firm. Although the firm has grown considerably, their commitment to core values—the mission—remains the same.
The Elite Criminal Defense Team
Valencia has seen to it that his attorneys and staff are backed by state-of-the-art technology and the latest in office management techniques. In addition to expanding the team with new attorneys and support staff, he has reorganized the firm to enhance efficiency. He has switched to a process using a master calendar so everyone has the ability to know where every attorney who works for us is that morning—the courthouse, with a client, in a meeting and so on. Efforts, from the mundane to the critical, can be streamlined, enhanced and made more responsive to client needs. For example, a check at the calendar can reveal opportunities for one attorney to handle two situations due to proximity to the court, the office or some other specific location.
They now have a single location for all discovery materials, which makes everything more accessible and readily available whenever needed. New client management software improves communication to ensure that clients are informed, up-to-date, and continually involved in the movement of their cases. If an attorney needs to send a client a document to sign or to review, it’s done quickly and efficiently. Conversely, if a client wants to send a document or some item, they think helpful to their case, they can send them directly through that program. “One of the biggest problems universally cited by clients of attorneys and law firms is the lack of communication. We do not, nor will we ever put that burden on our clients. We’re there for them all the time—period,” Valencia says.
Valencia has also opened a new office in Chula Vista. “Building a larger, more powerful organization is important, but growing a firm is not just about expansion. It’s about being there for the people who need us,” he says.
The use of Artificial Intelligence is a growing part of the business community, including the law. Elite Criminal Defense is in the forefront of experimenting with how AI can better serve the firm and their clients. “We’re using AI and still testing it out and using it to help keep our clients informed. Provided you go back to fact check and handle any necessary clean up, it’s even useful as a tool to write certain types of letters. It’s still new for everybody, but it does seem to have a future, especially in our profession.”
“When I needed help, you were there for me. We all make mistakes, unfortunately mine almost cost me everything. I was already mentally prepared to do some serious prison time. I heard about you through an inmate you were representing. I can’t thank you enough for what you did for me. You saved me. Thank you!!!” –Omar, Poway
Valencia says, “I will always conduct myself in an honorable manner. The law is the law and I follow the law. It’s not too much to expect the police to follow it, too. When they don’t, that’s when we step in.” He cites a case to make the point.
A recent client, a 19-year-old boy was standing on the street outside a car listening to music with three of his friends. The soon-to-be client had no criminal record. He wasn’t a gang-banger nor did he look or dress like one. He had never even gotten a traffic ticket. Valencia says, “He was just a kid who never got in trouble with the law. He’s one of these kids who literally sits down to read a book and he’ll read Moby Dick and he won’t put it down until he finishes. He was that kind of a kid.”
A group of police offers approached them and said they were going to search them. When they searched them, they found no drugs, no indication of gang affiliation—nothing. Unfortunately, the client had purchased and was carrying a gun. When he stated his rights and resisted being searched one of the policemen grabbed him. A struggle ensued and a gun fell out of the young man’s pants. The officers immediately tackled the young man and arrested him on the spot.
The search was a blatant violation of the young men’s fourth amendment rights—a completely illegal search and seizure. There was no probable cause; the young men were doing nothing more aggressive than talking to each other. Admittedly, the gun was an issue, and the young man had made a dumb mistake, but, as Valencia says, it seems the police had already made up their minds that the four kids were criminals. In reality, they were just a group of guys about to go to a Walmart.
Had the attorneys gone the plea route, the best they could have gotten would have been assault on a police officer with a weapon—a ten-to-20-year sentence and a ruined life. Their client never went to trial because the Elite Criminal Defense team got the case dismissed because the evidence was illegally obtained. “We really do fight, fight hard for our clients and we try our best, and at the end of the day that’s all you can really ask for. That’s one thing that hasn’t changed between then-and-now and it never will,” Valencia says.
Valencia likes police officers and maintains good relations with all members of law enforcement, saying he is definitely not anti-cop, but as they expect citizens to follow the law, he expects them to follow them as well.
He says there are times when a client admits to the charge or charges and is still in need of legal protection from an attorney or a law firm. At a moment like that the firm is in the position of damage control in which the goal becomes negotiating a reasonable outcome and to prohibit a sentence far harsher than the accused deserves. He cites a case in which the police arrested a man in a hotel who found himself handcuffed and surrounded by ten federal agents. They questioned the man without reading him his Miranda rights. Later on, they claimed that he wasn’t under arrest at the time and therefore Miranda did not apply.
He gave a full confession and even confessed to other acts beyond the reason for the arrest. “Had they followed the law and properly Mirandized my client the case would have been solid, but the law is the law, and we were able to get the entire confession thrown out.
It is somewhat ironic to consider that at one time the driving force in Valencia’s life was to become a police officer. One Christmas early in his life his parents gave him a police officer’s “kit” complete with a hat, belt, toy gun and a little badge. After he ended his service with the Marine Corps, he immediately took the exam to become a sheriff in LA County. He earned a perfect score, but was falsely accused of cheating. He even passed a polygraph test to prove the point—to no good.
“I was devastated, but the experience was a transformational moment. I realized the best way to serve the law and the community was to become an attorney.” He earned his B.A. from the University of La Verne and his J.D. from the Pepperdine University School of Law and began a 20-year career of legal service.
“I can’t thank you enough for taking my son’s case. I felt hopeless, and as a mother I blamed myself for everything that was happening. I still get tears in my eyes when I think of everything you did for us. Thank you. You’re amazing.” –Samantha, Pacific Beach
© Bauman Photographers
Elite Criminal Defense continues building strong ties to the people in the communities they serve, such as Mateo 1814, a non-profit organization dedicated to preventing malnutrition, juvenile delinquency, and illiteracy among children and adolescents.
Valencia is also involved in charity work with the orphanage Aldea Infantil SOS in Tijuana Mexico, Panama City Panama and Medellin Colombia and in communities throughout the world. For example, the director mentioned that some of the homes needed washers and dryers. The firm provided a washer and dryer for each orphanage in the Baja area. Sometimes the list is for small items, such as shoes or clothing, and sometimes delivery requires borrowing trucks and trailers.
Valencia says, “I do that once a year, I go out and see the director and he tells me what he needs. And then I figure out how I’m going to get it all done. And then I, we, do it.”
One thing that has not changed between the then-and-now years is Valencia and his team’s total commitment to fighting for their clients. He says the firm has grown over the years due to the individual and team efforts to stay true to the firm’s mission. Their personal ties with each client mean they know intimately the personal and financial stakes at hand, a responsibility they take seriously. Making a real difference is a driving force behind their track record of successfully representing such a diverse clientele.
Valencia says the work continually reinforces his belief that our legal system, while not perfect, is still the best when it comes to the rights of the individual person, especially the individual person accused of a criminal act. “We’re not always at our best and we’re all human beings and we all make mistakes. And sometimes, whether it’s alcohol related or we’re just having a day, or we handle the situation the wrong way, at the end of the day, we’re all human beings and people are not throwaways.”
Beyond the Law: Oscar Valencia Has a Passion for Freedom and the Open Road
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