Matthew Kraut | San Luis Obispo Criminal Defense Lawyer

In September of this year (2018), I obtained a not guilty jury verdict for a client in a DUI case in which it was alleged that my client was impaired by a prescription drug, Butalbital. My client and her doctor who prescribed the drug were perplexed because the medical literature supported the conclusion that Butalbital was not an intoxicant for someone, like my client, who had been taking it for an extended period of time. Compounding the confusion was the fact that the Department of Justice (Calif.) did not quantify the amount of the drug in my client's blood sample, which was drawn from her after her arrest. The acquittal vindicated the doctor's position and was and is important because, had the verdict gone the other way, the doctor would have had to change his approach to the prescription of Butalbital, which is an outstanding drug for the treatment of chronic headaches, particularly for those that have suffered multiple concussions. Hopefully, the verdict will also prompt the Department of Justice to begin quantifying prescription drugs in DUI blood samples.

Building a successful practice takes patience and time. There is no easy way to do it, and there is no single approach that works best. Some tips: Keep your overhead as low as possible when you first start out. That will relieve some financial pressure because you're not going to make a ton of money right away. Try to build relationships outside of the legal community. Those contacts will help you find the best deals on office rent, supplies, equipment etc. They may also generate leads. Lastly, and most importantly, concentrate on doing good work. You can have an awesome business plan and marketing strategy, but if you don't do good work, your practice will fail.

A client should look for someone who has a good reputation among the judges and attorneys in the courthouse in which the client's case is going to be heard. A lousy rep will kill even the best of cases. If a lawyer is regarded as crooked or inept, that's how his or her cases will be regarded. A client should also be on the lookout for a lawyer who is an outstanding listener. Good listening will serve to ensure that a client's goals for a case are understood and will ensure the client understands what the other side and the judge are willing to do with that goal in mind. Lastly, good communication is essential. If a lawyer is tardy, delayed or spotty in returning calls, texts, and emails to a client, chances are he or she is not communicating well with the court, and opposing counsel, which makes achieving a client's goals virtually impossible.

Every courthouse has its owns "unwritten rules" about its operation, conduct, and what cases are worth. Choosing a local lawyer is important, but not determinative. An out-of-towner can have success too, but that non-local lawyer needs to establish contacts within the local legal community to find out about the "unwritten rule." If your lawyer is a good listener, being from out of town shouldn't be a problem. And it can be an asset because judges get bored with the same old faces and can be easily impressed with an unfamiliar lawyer who knows what he or she is doing.

An initial phone call or consultation, free or not, is a great chance for a client to figure out if a lawyer is a good listener and, therefore, the right lawyer for the client. Personally, I try to provide potential clients with my background, with a particular emphasis on how it relates to their problem, how much I charge, what I think the chances of helping the potential client achieve his or her stated goal (s) are, and a rough idea of how I would go about pursuing those goals if the client wants to hire me.

The information I need in the initial consultation is solid contact information to facilitate communication (phone no., email address, physical address etc) and the client's preferred means of communication, a brief description of the problem and a rough idea of the client's goal (s). And I need complete candor and honesty. I tell potential clients that everything they tell me is totally confidential and that I can't tell anyone about anything they tell me whether they decide to hire me or not. I do that to encourage openness.

I am a criminal defenses lawyer. What separates me from the pack in my legal community is that I am a former prosecutor with 20 years of experience in my legal community. No one else here can say that. Also, I trained many of the prosecutors who will be my opponents in cases I handle here. So, to say that I know what the person who is trying to put my client in jail will do to achieve that goal is an understatement.

I am a very competitive person. The most rewarding aspect of my practice is that I get to compete in a venue in which I am highly respected because of my long-term success on behalf of clients who appreciated my professionalism and thoroughness.

I've always enjoyed sports and music. I have always loved and played basketball and golf. I work out a lot to keep in shape. Being a resident of the central coast of California has also allowed me to enjoy surfing and hiking. Anything outdoors and active keeps me most happy. Music is my creative muse. I've been going to concerts for years. I enjoy all types of music and usually have music playing while I work.

I'm very involved in my community. For years, I coached youth baseball and basketball. My latest service endeavor involves working with the Surfrider Foundation to ensure clean water through their Blue Water Task Force, which involves taking water samples on a weekly basis from a beach in Pismo Beach and preparing those samples in a local lab for incubation and later analysis. When the ocean dies, we die. So, we need to take care of it! That's why I'm involved with Surfrider.

• Member | California State Bar Association

• Over 25 years of experience practicing law.

• Notable Case
  

  Murder for Hire & Sexual Assault – People v. M.M.

  Description: This trial involved allegations that the defendant, who was on parole for kidnapping and rape, had attempted to rape a woman he was dating. After the woman came forward to report the sexual assault, the defendant tried to arrange the woman’s murder, with the help of his long-lost daughter and a jail-house informant.

  PC 187 Murder — People v. M.A.

  Description: The defendant shot and killed his neighbor. He believed that God told him to kill the woman because she was a vampire. The defendant was schizophrenic and believed that he was a werewolf, and that only werewolves had the ability to kill vampires. The defendant had been involuntarily committed to mental health facilities four times previously pursuant to Welfare and Institutions Code 5150. At the time of the murder he was under the care of a local psychiatrist, had been for years, and was prescribed psychotropic medications for his illness.

  PC 187 Murder — People v. M.V.H.

  Description: This case involved the strangulation murder of a woman by her adult son. The son was addicted to methamphetamine and heroin which resulted in him suffering from a drug-induced mental illness, probably schizophrenia. Three days before the murder, the defendant had been involuntarily committed to a county, mental health facility after threatening his mother. On the day of the murder, the defendant strangled his mother to unconsciousness and then called 911 on her behalf, claiming that he attacked her during a psychotic break.

  PC 187 Murder – People v. K.C.

  Description: In this case, the defendant killed his wife with a hammer and then drove to the police station and turned himself in. He believed that God told him to kill his wife to remove the sins of her family from their home. The case involved testimony in court from four forensic psychologists about the defendant’s mental state at the time of the killing.

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