How are California Fines and Restitution Different?

Jul 22, 2021

What are Fine and Restitution?

Being arrested in California is not only unfortunate and puts you at a disadvantage when you have a criminal record or have to spend time in jail, but it can also be expensive. Oftentimes, people do not realize the financial burden that comes with a California arrest and conviction. Depending on the nature of the crime you were convicted of, you may have to pay either a fine or be ordered to pay restitution. In some cases, your punishment may include having to pay both.

The best possible outcome after an arrest is to have your charges dropped and your case was thrown out. To accomplish this goal you will need the very best and most competent legal counsel. The Los Angeles criminal defense attorneys at the Manshoory Law Group have the background, the skill, and the know-how to examine your case and put together a winning strategy that protects your rights and yields the desired results.

What is the Difference Between Fines and Restitution in California?

Both fines and restitution are essentially bills you have to pay. Who you pay them to and why you are paying them to define the difference between the two. Fines that you were ordered to pay will go to the state or federal government. Whichever of these two government entities was prosecuting your case is who will gain the proceeds from your fine.

Restitution, on the other hand, is paid to the victim of the crime that you were convicted of. The money you pay to victims is to help victims recoup the financial losses they suffered as a result of your actions. Sometimes, you don’t pay restitution to a particular victim but instead, pay to a crime fund for victims.

First-time offenders tend to be ordered to pay some amount of money in the form of a fine. People who have committed minor crimes that were non-violent can also be ordered to pay a fine in California. For more serious crimes, restitution can come into play.

For example, if you were convicted of a California battery charge and your victim had to seek medical treatment and psychological counseling to overcome the incident and heal, the money you pay will reimburse the victim for the cost of medical care they received. Medical treatment is very expensive and so the amount of restitution that you may have to pay could be quite costly.

Your ability to pay restitution will be considered by the court when calculating the amount that they hand down to you. It is imperative that you pay your fines and restitution because if you do not, you may be sent to jail. In addition, the government can take significant actions against you like garnishing your wages, seizing your property, and selling it off, and they can even put a lien on any property you own.

Speak to a Los Angeles Criminal Attorney Today

When the Los Angeles criminal defense lawyers at the Manshoory Law Group review your case, if fines and restitution apply, then there is the possibility that either or both could be lessened or even waived.

Talk to an attorney in Los Angeles at the Manshoory Law Group today during a free initial case evaluation by calling (877) 977-7750.

Your Rights When Questioned by Police but Not Charged

Jul 16, 2021

Wondering if you have to speak to the police when you are arrested and in situations where you are being questioned by police but not charged is logical and reasonable. Many people are arrested every day and questioned by authorities that have never experienced a run-in with the police and who have no idea what to do. The same is true for people being questioned by authorities who also aren’t sure about how to respond.

The reality is this, you have the right to remain silent whether you are being put under arrest in Los Angeles or if you are simply being asked questions by a police officer who is not arresting you. 

Ask any criminal defense attorney in Los Angeles and they will tell you the same thing, never speak to the police after an arrest without your attorney present. Any single statement or word you use when you speak to law enforcement will be supplied to the prosecutor assigned to your case.

Criminal prosecutors are very savvy and they know how to take what you say and misconstrue it so that it makes you look guilty. The Manshoory Law Group has the Southern California criminal defense lawyers you want sitting by your side, protecting you from harm, and fighting so that you beat your charges and see your full legal justice.

Do you Have to Answer Police Questions?

Both individuals who are being put under arrest and those who are not do not have to say anything to the police. In some situations, the police may visit your home, for example, to ask you questions concerning a case they are working on. When they do this they believe that you have valuable information that could help their investigation.

While you may not immediately be suspected of a crime, potentially law enforcement may determine that you should be a suspect for some reason. In this case, what you said to them when they initially came to your home can be used against you. So if you think that this is a situation that you are in, declining to provide information is going to be in your best interest.

There are many situations when the authorities talk to you about a situation that if you decide to work with them, will not come back to harm you. However, if you are arrested for a crime or if you suspect that you could be implicated in one, it is the best course of action not to speak to the police. It can be very confusing if you aren’t being put under arrest because the officer will not read you your Miranda Rights when they come to question you the way that they would if you were being actively arrested. So knowing this in advance, may be helpful.

Watch the Video to learn more.

Speak to a Los Angeles Criminal Defense Attorney Today

You do not have to provide any information that could put your freedom in jeopardy. To best preserve your rights and help you get the best possible outcome from your Los Angeles arrest, contact us at Manshoory Law Group. The Los Angeles defense attorneys at Manshoory Law Group will meet with you and discuss your case during a free consultation at (877) 977-7750.

What to do if Accused of Stealing at Work

Jun 25, 2021

Employee theft is when a member of staff steals, uses, or misuses company property without the express permission of their employer. Besides cash, employee theft can cover the stealing or misuse of supplies, products, personal data, or time. Employee theft applies to misuse of time if you are accused of altering timekeeping records to receive pay for hours you did not work.

Is Employee Theft a Fraud?

Some forms of employee theft are considered fraud. These include embezzlement, billing payroll and expense schemes, time theft, and supplying proprietary information to competitors.

What is the Punishment for Employee Theft?

If you are convicted of employee theft charges, at a minimum you will be expected to pay back the value of what you were accused of stealing at work. There will also be further penalties depending on the value of the stolen assets.

If the theft is valued at $1000 or less then the crime will usually be classed as petty theft. This is a misdemeanor crime punished with a small fine and jail time of up to a year. Larger sums are classed as grand theft, which is a felony that comes with more prison time and a larger fine. Serious grand theft felonies can result in a sentence of 20 years or more, but this would be very unusual for an employee theft case.

The Impact of False Accusations in the Workplace

Being falsely accused of stealing at work can create a lot of tension in your workplace. You can face a lot of stress from the threat of losing your job or your reputation, as well as the possibility of police involvement. Furthermore, your every move will be scrutinized, which is why it is vital to get expert advice from a criminal defense lawyer as soon as you are accused.

How to Respond to False Accusations at Work?

• Firstly, stay calm. Being falsely accused of stealing at work can be very stressful, but any angry or erratic behavior is not going to help your case. Everything you do at work could be brought up later, so try to carry on as normal.
• Secondly, cooperate with the investigation. The investigation will continue whether you are present or not, so it is better to have the chance to give your side of the story.
• At the same time, you should also seek legal advice. This will help you understand your rights during the investigation, what to expect from the process and how best to defend yourself in your particular situation. Defending against false accusations at work can be a complex process.

A theft crime attorney can help guide you through what to do if accused of stealing at work.

Can I Sue My Employer for False Accusations?

If an employer makes a false accusation of theft, this could damage your reputation, and you can sue them for defamation of character. There are a few basic requirements for defamation of character suit.

• Your employer must have made a false statement about you, and they must have published that statement. In other words, a third party who was not you or your employer must have seen or heard the false statement.
• You must be able to prove your employer made an untrue statement of fact, rather than expressing an opinion, and that they did so knowing their statement was untrue. For example, if an employer said they don’t think you care about your job, they could defend this as a statement of opinion. If they said you are incapable of performing your job, they would need to be able to prove that you are truly unable to do your job, or they have knowingly made a false accusation at work.
• The false accusation of theft your employer made must have caused injury to you, for example, the damage to your reputation made it difficult to get a new job.
• Finally, the statement your employer made must not be privileged. Privileged statements such as trial and deposition testimony are protected from defamation of character suits. In some states, statements made in references between employers are considered a protected statement as long as it was not made with malice.

Should You Sue A Company For Defamation?

If the requirements for a defamation suit are all true, you should consider suing for defamation. Doing so will not only help you recover from the financial impact of the accusation, but also clear your name of wrongdoing and enable you to move on.

How to Handle False Accusations At Work

If you have been falsely accused of employee theft, stay calm, cooperate and get expert legal advice to help you with defending against false accusations. False accusations can impact your career for years and clearing your name is important when you have a case for defamation of character.

You Could Lose Your Job After a California Domestic Violence Charge

Jun 17, 2021

Domestic violence charges in California can have far-reaching effects on your life outside of any potential criminal penalties you face. Your personal relationships with others and even your career can be affected if you are convicted of such actions.

If you are currently unemployed and looking for a job, California domestic violence charges can keep you from obtaining gainful employment to earn an honest living.

The implications that domestic violence charges can have on a person could bleed into their personal life, including their ability to keep their job. This means that your livelihood can be negatively affected by domestic violence charges even if they are false. It is important to work with a California criminal defense attorney when you are facing domestic violence charges in Los Angeles, but not every attorney is the same.

The Los Angeles domestic violence defense attorneys at the Manshoory Law Group only work on criminal defense. There is no other niche of law that the experienced Los Angeles criminal defense lawyers at the Manshoory Law Group focus on other than defending individuals from criminal charges.

When your life is in limbo after an arrest, it is imperative you have the best, most attentive criminal defense available.

Will Your Job Be Affected By a California Domestic Violence Charge?

Several laws have been put in place to protect people from unfair discrimination. This includes laws that protect individuals from being fired from their job simply because an employer has a poor opinion about anything they heard about a person. That being said, if you are convicted of domestic violence in California there are no laws that can stop your employer from firing you because of it.

This means that the best way to protect and preserve your rights if someone is accusing you of domestic violence is to get an experienced Los Angeles criminal defense lawyer as soon as you can.

In some professions, it may be required that you come clean about any arrests you have undergone. For the most part though, if you are arrested for an alleged crime, your employer will not be notified about it or even know it happened. The problem arises when you need to take time away from work for court proceedings and other legal matters related to your arrest.

When you need to invest a significant amount of time in your legal situation, it may be best to tell your employer what is going on in your life. Not only does this show your employer your honesty and transparency, but it also helps them understand why you are asking for time away from work. Additionally, it gives you the opportunity to explain your side of the story which could stop any potential future firing from taking place.

Speak with a Los Angeles Criminal Defense Attorney Today

Being charged and convicted of California domestic violence means that you will never be able to erase this blemish from your record. Potentially, expungement in California may be the best way to resolve this issue, but only those people who are qualified for it will have a chance at it.

This will only be possible if your conviction was at the misdemeanor level, so if you were convicted of a felony, then it is a whole new ball game. For all of your questions and for the most talented and proficient Los Angeles legal defense, contact us to schedule your free case evaluation at (877) 977-7750.

What Happens When You Violate Parole for the First Time

Jun 8, 2021

Generally, first-time offenders whose crimes are not egregious and instead, minor in nature, have the benefit of potentially being penalized in a less harsh manner than those who have a long history of crimes and commit crimes that are heinous. When you are convicted of a crime in California that comes with jail time, you may be sentenced to jail or you could be given probation. Most defendants, when given the opportunity, will choose probation if they can get it.

Across the United States, there are approximately 4.5 million people that are serving time from a crime through probation and parole supervision. The Council of State Governments Justice Center did a study and they found that as high as 45% of people that are sent to jail have this happen to them because they were in violation of their probation.

When it comes to first-time violators of probation conditions in California, there is the potential that probation can be revoked and a person will be sent to serve the rest of their sentence in jail. There is also the possibility that a person who violates their probation for the first time will not be sent to jail, and this largely depends on your probation officer and what violations you committed.

When will a First Time Violator be Sent to Jail if They Violate Probation in California?

If you were given probation it is incredibly important that you fully understand the terms of your sentence. Your California criminal defense attorney can explain to you what is expected when you are on probation as well as answer any questions you have about the sentence so that you can reduce the chances of engaging in a violation.

The Manshoory Law Group has qualified and experienced Los Angeles criminal defense attorneys that provide the most effective and highest-quality legal counsel and criminal defense services. The California criminal defense lawyers at the Manshoory Law Group will fight to protect your rights and future by keeping you completely informed on every aspect of the criminal process and what your responsibilities are.

If you are guilty of violating your parole for the first time, any of the following can result:

• Your probation officer will assess your violations and they may decide that the infractions are negligible and so they will just give you a talking to and leave it at that.
• Your probation officer will determine that your actions warrant the courts to get involved. When this happens, it is often a red flag that your probation officer believes that you deserve stricter punishment including withdrawal of probation for jail time. When a court day is established, you have to go because if you don’t a warrant will be issued for your arrest.
• Potentially you will get a formal court hearing where a judge will listen to your defense of why you committed the violations.
• A judge may decide to extend your probation longer than the original amount of time, you may be assigned to community service or have more hours added onto your current requirement, or you could be forced to enter into treatment for substance or mental health conditions.

Speak with a Los Angeles Criminal Defense Attorney Today

The Manshoory Law Group has the most skilled criminal defense lawyers in Los Angeles who know how to get the best results for people who are caught up in the California criminal justice system. Schedule your free, initial case evaluation today with the Manshoory Law Group by calling (877) 977-7750.