Youtuber Shadman Arrested for Assault with a Deadly Weapon in Los Angeles

Nov 30, 2021

Since the days of America Online in the 1990s or even its predecessors the text-only bulletin board systems that tied up the phone lines of fun-loving nerds for hours on end in the 1980s, conventional wisdom has always dictated that you should not reveal your true identity online.  This has led both to people saying and doing horrible things online behind the veil of pseudonymity as well as to friendships, or at least to friendly fan relationships, among people who do not know each other’s real names. 

When an influencer or other social media star gets accused of a crime, though, the speculation about it often involves connecting a real name, present on the arrest record or arrest warrant, to the online pseudonym.  Whether you have thousands of followers on social media or zero, you have the right to representation by a Los Angeles violent crimes defense lawyer if you get charged with assault or another violent crime.

The Rise and Fall of Shadman

A graphic artist who goes by the name Shadman has been posting his drawings online since 2009, and the consensus is that he is Shaddai Prejean, who was born in Switzerland and is now 31 years old.  Shadman, who always wears a face-covering in his videos, is no stranger to controversy.  He has attracted criticism for his sexually suggestive drawings of popular animated characters and public figures, so much so that he removed the most controversial content from his site in 2019.

Today, Prejean is facing legal trouble.  In late October 2021, he was arrested in Los Angeles County after an altercation.  He is now facing criminal charges for assault with a deadly weapon, but few other details about the incident are available on news sites.

Assault With a Deadly Weapon Charges in California

You can get criminal charges for assault with a deadly weapon if you injure or attempt to injure someone with a weapon such as a firearm or a knife.  The charge applies whether or not the victim actually suffers bodily injury.  Assault with a deadly weapon is a felony, punishable by up to four years in state prison, or else by a year in jail and a $1,000 fine.

Any of several defenses might apply.  You might argue that you assaulted someone but did not have a weapon.  In other cases, you might argue that you used the weapon by accident or that you acted in self-defense.  Your criminal defense lawyer can help you decide which defense to use or whether you should seek a plea deal.

Contact the Manshoory Law Group About Accusations of Assault With a Deadly Weapon

A Los Angeles criminal defense lawyer can help you if you are being accused of assault with a deadly weapon or another kind of criminal offense that involves violence or bodily injury.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

How Long Does A DUI Stay on Your Record in California?

Nov 18, 2021

How Long Does a DUI Stay on Your Criminal and Driving Record?

If you are convicted of a DUI in California, the conviction will go on both your driving record and your criminal record. In California, a DUI will stay on your driving record for 10 years. This period starts from the date of your arrest, rather than the date of your conviction.

This can affect decisions that the DMV makes about whether to suspend, revoke or reinstate your driving license. Insurance companies will also be able to see a DUI on your driving record and can increase your rates as a result.

A California DUI conviction will stay on your criminal record permanently. However, in some cases, you can get a DUI expunged from your record once you have paid any fines, served your custodial sentence, or completed your probation period.

Passing a background check with a DUI on your record can be difficult. If you get convicted of a DUI in California, the conviction can show up on a background check for up to ten years. A background check can also reveal any charges related to a DUI, such as convictions for refusing a BAC test after a DUI arrest or other impaired driving offenses.

However, whether you already have a DUI on your record or you are facing a possible conviction, a Los Angeles DUI attorney may be able to help you.

How to Remove DUI From a Driving Record?

You cannot remove a DUI from your driving record in California. After 10 years, it will be removed from your record. Until then, it could appear in background checks if your employer decides to check your driving record as well as your criminal record.

You can request public record sites to take down information about you, but it will still be available in public data archives.

How to Remove DUI From a Criminal Record?

A DUI conviction can be removed from your criminal record under certain conditions. This is called an expungement.

The conviction can be expunged from your record if you meet the following criteria:

• You have completed all penalties given for your DUI conviction, such as completing probation and paying fines
• You did not have to spend time in state prison for the conviction
• You are not currently facing the possibility of any other criminal convictions

While an expunged DUI conviction usually does not show up on a criminal background check, some will report that a conviction has been expunged from your record.

Expunging your DUI conviction can help you get a job or an apartment. If you have a DUI conviction on your record or are facing a DUI charge in California, contact our attorneys for expert legal advice to get you the best outcome.

Halloween Driving Safety Tips

Oct 13, 2021

Halloween Safety Statistics

Halloween is one of the most popular holidays for both kids and adults, and for adults, it can often involve drinking. Sadly, this leads to some sobering statistics:

• 44% of national fatal crashes during Halloween weekend involved a driver or motorcyclist who was above the legal blood alcohol level.
• 38% of fatal crashes that occurred on Halloween night involved a driver or motorcyclist under the influence of alcohol.
• 23% of pedestrian fatalities on Halloween night were killed by a drunk driver.

What are 6 Halloween Driving Safety Tips

The most obvious road safety tip for Halloween, and every other night of the year, is to never get behind the wheel if you have been drinking, or get in a vehicle driven by someone who may have been drinking. Here are a few other tips to stay safe on the roads this Halloween:

Keep an Eye Out

The streets are going to be full of people dressed in dark costumes, so drivers should be extra aware of pedestrians on the sidewalk. This is especially important in residential areas, where there might be excited kids running around and potentially out onto the road without warning.

Watch the other vehicles on the road as well as the pedestrians. Halloween sees a significant increase in the number of intoxicated drivers on the roads at night, so give yourself the space to react safely to an erratic driver.

Drive Slowly

In any area where there are partygoers heading between bars and clubs, or kids running from door to door, keep your speed to a minimum. You can’t always rely on pedestrians to be aware of the road, and you need to be ready to react if someone suddenly dashes out in front of you.

In particular, be extra careful around junctions and blind corners, where the impaired reactions of a drunk driver could put you in danger if they don’t see you in time.

Use Mirrors and Hazard Lights

Pay extra attention to your mirrors on Halloween, for both pedestrians and other drivers. A drunk driver is more likely to misjudge the distance between them and the vehicle ahead and is also more likely to make a mistake while attempting to pass you. Drunk drivers are also less likely to notice that you have kids on board and give you extra space, making it even more important to be aware of what is going on behind you.

While it may be tempting to turn your hazard lights on to make your vehicle more noticeable, in California it is illegal to drive with your hazard lights on without a valid reason such as a road accident or breakdown. Driving with your hazard lights on can make the roads more dangerous, as you are unable to use your turn signals to tell other drivers where you are going.

Turn on Your Headlights

Thanks to all of the darkly colored costumes people tend to wear on Halloween, they will be harder to see than usual. Turning your headlights on, even in areas well-lit by street lights, does not just make it easier for you to see. It also makes it easier for pedestrians and oncoming traffic to see you.

Avoid Passing Other Cars

If you don’t need to pass someone then don’t do it, especially if they are showing any signs of impaired driving. An intoxicated driver may swerve unpredictably as you pass, especially if they lack the awareness to notice you coming. They are also more prone to road rage and irrational decisions such as deciding to block you from re-entering the lane or race ahead of you, or other behaviors that could lead to an accident.

Eliminate Distractions at All Costs

Stay ready to react to any problem that appears on the road by avoiding distractions in your vehicles, such as loud passengers or music. Using a cell phone while driving is already illegal due to it being a dangerous distraction, but even conversation with a passenger or on a hands-free set can reduce your awareness and reaction time.

If you are involved in a drunk driving incident this Halloween and want to make sure you get the outcome you deserve, contact our lawyers immediately. Our criminal defense lawyers are well-versed in the law surrounding DUI cases and can help you fight the allegations made against you.

What Happens When Someone Presses Charges Against You?

Sep 20, 2021

What does it mean to press charges against someone?

Pressing charges against someone means prosecuting a criminal case against a suspect of a crime. This is done by a prosecutor, not the victim of the crime. While the victim of a crime is not responsible for pressing charges, you usually need to file a police report about a crime someone committed against you to enable the prosecutor to press charges, and your report will provide key testimony for the case.

Unlike when you sue someone, you are not responsible for organizing or paying for the prosecution of the case. Also unlike when you sue someone, you will not benefit financially from the outcome of the case if it is decided in court; however, you can agree to accept financial compensation as part of a plea bargain, often in exchange for you pressing a charge that carries less severe punishment.

How Does Police Decide Whether to Press Charges?

The police also do not press charges against you, but they do file a report of their own which factors into the prosecutor’s decision of whether to press charges or not.

How Does a Prosecutor Decide to Press Charges?

The prosecutor starts the decision-making process by reviewing all of the evidence of the case, the complaint itself, and police reports of the alleged crime.

Next, the prosecutor must review the strength of the case, and whether prosecuting it is a good use of public resources. In other words, if the prosecutor believes that pressing charges is unlikely to result in a conviction, they may decide not to do it. This decision will consider the relevant local laws and legal precedents, the suspect’s prior criminal history, and the expected level of cooperation from victims and witnesses.

They also need to consider whether it is worth allocating some of the prosecution office’s limited resources to pressing charges in this case. For example, if the prosecution office is focusing its resources on serious crimes such as violent felonies and homicides, they may decide not to spend their resources on pressing minor fraud charges.

In some states, the prosecutor will present the evidence of the case to a grand jury. The grand jury will hear the prosecutor’s case against the defendant and decide whether the evidence of the case supports the criminal charges being proposed or not. This decision does not decide whether or not the defendant is guilty. If the grand jury decides that the available evidence justifies pressing charges against the defendant, they will issue an indictment, allowing the prosecutor to proceed with the case.

What Happens If the Prosecutor Refuses to Press Charges?

If the prosecutor concludes that there is not enough evidence to put forward a case, or that they want to focus their resources elsewhere, they can decide not to press charges against the defendant.

As a general rule, the prosecutor cannot be forced to press charges if they decide against it. Their decision is not necessarily final, however. If they are put under political or public pressure to press charges, they may choose to re-review the case or put it in front of a grand jury to be sure that they made the right decision. This can happen at any time after their decision not to press charges until the statute of limitations on those charges expires.

The statute of limitations means that depending on the charge, there is a time limit on the prosecutor’s ability to press charges. Once that amount of time has passed after the alleged crime took place, the defendant can file a motion to dismiss the case outright, and judges have to accept that motion. Unless the defendant feels a need to clear their name in the public eye, they have no real reason to defend themselves against a case they can dismiss in this way.

How Do You Know if Someone Presses Charges Against You?

There are a few ways you find out if someone has pressed charges against you.

It is a common myth that police have to tell you what you are being charged with when they arrest you. If you are arrested, there is no legal requirement to inform you of your charges until a hearing called an arraignment. At the arraignment, you will hear the charges being pressed against you, and say whether you are going to plead guilty or not guilty. A Los Angeles criminal defense lawyer can help you find out a lot of the information you need when you are in custody and not getting any answers from the police.

There are ways to find out about charges that have been pressed against you before your arrest or arraignment, however. Police reports are public documents, and you have a right to read police reports about incidents you are alleged to have been involved in. If you are having charges pressed against you, they will be in the police report.

If you have not been arrested but you think there may be charges filed against you that you want to prepare for, you can contact the local criminal court and ask if there are any court dates, bench warrants, or pending cases filed against you. The sooner you find out about charges against you, the sooner you can contact an investigations lawyer to improve your hand at the pre-trial negotiations.

You can also ask the police to perform a check for charges against you. If they are investigating your involvement in a crime but have not pressed charges yet, they do not have to tell you that they are investigating you.

How long can someone press charges against you?

The statute of limitations on the charges determines how long after the incident they can be pressed. This could be as short as a year or two for minor offenses, while serious crimes can have a time limit measured in decades or no time limit at all.

If you have been taken into police custody, there is a much shorter time limit on how long you can be held before hearing your charges. Depending on local law, your arraignment usually has to happen within 2 or 3 days of your arrest. After that, the prosecutor can still decide to press charges against you, but you cannot be held in jail longer than that without charges.

Can you go to jail if someone presses Charges?

The police do not always arrest you and take you to jail if someone files a report against you, or if the prosecutor decides to press charges. Whether or not you will go to jail before your court decision depends on how much you are considered a risk, either in terms of your likelihood of going on the run, of committing further crimes, or of influencing the victims and witnesses of your case (which also falls under the category of committing further crimes). This decision is also determined by your charges and criminal history.

How Can I Fight Charges Pressed Against Me in California?

If someone is pressing charges against you in California, Manshoory Law Group can help you organize an independent investigation of the incident, prepare a stronger defense, or get a better deal in a plea bargain. Before your trial, we can also help get you out of jail by fighting to reduce your bail amount and helping you secure bail bonds. Contact the best lawyer in LA for a free consultation of your case.

Can You Go to Jail for Stealthing?

Sep 13, 2021

Is Stealthing Illegal?

The law makes very few restrictions on sexual acts that take place between consenting adults. People are free to engage in sexual activity as long as it does not harm anyone; harm occurs when one of the people involved in the activity does not or cannot consent to the act. Consent is what separates sexuality from sex crimes. 

Non-consensual sex acts do not always involve physical coercion or threats of violence; sometimes they are non-consensual because the victim’s age or state of health made them unable to provide meaningful consent. Likewise, a sexual act is non-consensual if the aggressor verbally deceives the victim about what is happening or will happen.  If you are facing charges for engaging in a sex act without the victim’s consent, contact a Los Angeles sexual assault and battery lawyer.

What the Proposed Anti-Stealthing Law Does and Does Not Say?

California Penal Code 243.4 currently defines the crime of sexual battery as touching intimate parts of a victim’s body without the victim’s consent.

It includes all of the following in the definition of lack of consent:

• The perpetrator or an accomplice physically restrained the victim
• The victim was asleep or unconscious
• The victim has a severe disability that precludes them from the ability to consent
• The victim verbally expresses their lack of consent

What if the victim consents to penetrative sexual contact but not to unprotected sex?  In other words, what if the victim consents to sex while the perpetrator is wearing a condom, but the perpetrator then removes the condom without the victim’s knowledge?  Does that mean that the sexual act became non-consensual once it became unprotected? 

The practice of “stealthing,” that is, removing a condom during sex without one’s partner’s knowledge, is disturbingly common, but until now, it has existed in a legal gray area.

The discovery of the HIV virus has changed the conversation around consent.  Even with the widespread availability of HIV testing, antiretroviral medications that make the virus much less transmissible, and pre-exposure prophylaxis (PrEP), unprotected sex carries a greater risk of HIV transmission than using condoms.  In other words, someone who consents to protected sex is accepting a different level of HIV exposure risk than someone who consents to unprotected sex.

California Governor Gavin Newsom is currently imposing a bill that would include stealthing in the civil definition of sexual battery but not the criminal definition.  Therefore, victims of stealthing could sue their assailants in civil court, but the court could not send you to jail for stealthing.  Likewise, getting sued for stealthing would not mean that you would have to register as a sex offender.

Contact the Manshoory Law Group About Allegations of Sexual Battery

A criminal defense lawyer can help you if you are being accused of sexual battery, but you believe that the act was consensual.  Your initial consultation is always Free, so contact our attorneys at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.