1. Any common handgun that is also used by the law is a good bet. That covers very efficacious handguns.
2. Get a lawyer or sign up with organizations like the Armed Citizens Defense League that can help. You need a lawyer that is aware of the specific firearms related issues.
3. Don't be stupid. At the range - I saw a fellow that had put a skull logo on the back of his Glock Slide. That will look great. The DA won't have to say anything, just have it displayed.
Given these common sense precautions - I see no need to carry a 380 over a 9. That would be based on dress or whatever.