When Can The Police Search My House in California?

Apr 15, 2021

Can The Police Search My Home Without a Warrant?

If you are facing criminal charges in Los Angeles and law enforcement is searching your private property to gather evidence against you, please know that you have rights. The authorities are not allowed to illegally search your private property and take things from your house or car, for instance, to use against you in court. Under the Fourth Amendment of the United States Constitution, law enforcement may not act unlawfully when they are arresting people, searching their property, or taking items from a private individual’s property.

Despite these protections under the constitution and upheld by the state of California, there are times that law enforcement can investigate your private areas and gather relevant evidence to use against you. If you have been arrested and charged with a criminal act in California, it is best not to face the court system alone and without effective and proven professional legal representation.

The Manshoory Law Group only works on criminal defense cases in California, so the firm is well-positioned to defend your rights and freedoms from severe penalties that you could potentially avoid. The Los Angeles criminal defense attorneys at the Manshoory Law Group will look at how evidence was collected by the police and determine if there is a way to show that what was collected by the authorities should be dismissed because it was not properly obtained.

When Can Police Legally Search Your House?

While you absolutely have the right to prevent self-incrimination by having the authorities search your private property, there are instances where the police are, by the law, allowed to do so. In cases where the authorities search your property and find incriminating evidence, your Los Angeles criminal defense attorney is going to have to figure out how strong the evidence against you is.

There are many times that what the authorities have is damning to a defendant. Even though this may be the case with what the prosecution has to use against you in your case, that doesn’t mean that there aren’t other ways to fight your charges. Targeting every aspect of how the police obtained their evidence can be a way to have the most devastating information thrown out of your case.

If it can be argued that the police violated your rights with unlawful search and seizure you may be able to have enough evidence removed that your charges are dropped because of lack of proof.

These are the legal ways that the authorities can gather incriminating information:

• If a judge issues a warrant, then the warrant will state where law enforcement can look and you have to abide by the terms of the legal document.
• If you allow the authorities to search your private property through consent, they have the full range to look at anything they want.
• If there is probable cause an officer can search locations near you.
• If you have an incriminating piece of evidence in clear view of an officer, it can be seized.
• If you flee the authorities and enter into a structure, the police may be able to follow you and what they find they can use.

Speak to an Experienced Criminal Defense Attorney Today

You deserve to have your legal rights and liberties protected even when you are suspected of committing a crime. If a police officer illegally and unfairly tries to use their power to collect information that can hurt you when you go to court, the Los Angeles criminal defense lawyers at the Manshoory Law Group will address this issue and make sure that any of that information is inadmissible in your case.

Call the California criminal defense attorneys at the Manshoory Law Group to schedule your free case analysis today at (877) 977-7750 today.

Bribing a Witness and Taking Bribes in California is a Felony Offense

Apr 6, 2021

What is Bribing a Witness?

It is unlawful under California Penal Code 137 to give a witness anything as a bribe to influence what they say when they are on the witness stand. Likewise, a witness who accepts a bribe to affect what they say in their testimony in court can also be charged with a crime under Penal Code 138.

If you are charged with witness tampering and bribery, you could spend up to four years behind bars, the same is true for a witness that takes a bribe. Both the person who bribes a witness and a witness who agrees to a bribe will be charged with felony crimes. These laws were put in place to safeguard against false testimony by making both a person bribing as well as a person asking for or taking a bribe eligible for serious charges for these actions.

Whether it be financial compensation, tangible gifts, or promises if the prosecution in a Los Angeles criminal case can clearly show that there was intent on either side or both to offer a bribe or acquire one, then felony charges will ensue. Not only will charges come with years in prison, but there are also expensive fines a defendant must pay. Other consequences can include having to take anger management courses and the loss of the 2nd Amendment rights.

Possible Defenses to Charges of Witness Bribery in California

A defendant facing bribery charges in California has to have a strong, and convincing legal defense protecting their best interests. The Los Angeles criminal defense lawyers at the Manshoory Law Group fully understand how to counter California bribery charges. To determine the best explanation as to why your charges are illegitimate they will comprehensively review all details of your case.

Examples of effective bribery defense strategies include:

• When the prosecution shows that you had the intent to bribe another party, the Los Angeles criminal defense attorneys at the Manshoory Law Group can artfully argue that the prosecution is incorrect and that the acts that happened were by chance. That the behaviors you engaged in were not connected to motivating a witness to change their story.
• If you were under the influence at the time the bribe was made it can be said that you didn’t have your senses when the situation took place. 
• You were trying to protect someone you loved and felt compelled to engage in the acts because of the duress you were feeling.
• The police entrapped you and undercover officers actively tried to get you to offer or take a bribe. In any other situation without the pressing by the undercover authorities, you would have never done such a thing.

Work with a Los Angeles Criminal Defense Attorney Today

Countering bribery charges in Los Angeles is complex and should only be done with the help of an experienced Los Angeles felony defense attorney. The talented Los Angeles white-collar crime attorneys at the Manshoory Law Group are committed to fighting on your behalf and obtaining the best possible results.

To learn more about how the attorneys at the Manshoory Law Group can help you beat your criminal charges, please call  (877) 977-7750 to schedule a free case evaluation.

What is Cyberstalking?

Mar 31, 2021

Cyberstalking is covered under California’s broader stalking law, Penal Code section 646.9.

In its most basic terms, it’s a crime to annoy or harass someone with electronic communications and to make credible threats of harm to the recipient or the recipient’s family.

Penal Code section 646.9 states that “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking[.]”

Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.

A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose

To give the law greater enforceability in the digital age, the California legislature stated a “credible threat,” as required for a stalking conviction, may be made by the use of an electronic communication device. (Penal Code section 646.9(g))

Electronic Communication Devices include but are not limited to, telephones, cellular phones, computers, video recorders, fax machines, or (oddly enough) pagers (Penal Code section 646.9(h)) Electronic Communications also borrow from the extremely broad federal definition meaning “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system” (Penal Code section 646.9(h) and 18 U.S. Code section 2510.)

What’s the Worst that Could Happen?

Cyberstalking is a wobbler, meaning it can be prosecuted as a felony or misdemeanor. Prior convictions for domestic violence (Penal Code section 273.5), violations of domestic violence restraining orders (Penal Code section 273.6), or criminal threats (Penal Code section 422), increase the minimum and maximum punishments.

• As a misdemeanor, no priors: 1-year county jail maximum, $1,000 fine maximum
  As a misdemeanor, with priors: 1-year county jail maximum, $1,000 fine maximum
  As a felony, no priors: 16 months or 2 or 3 years state prison, registration as a sex offender (in the discretion of the court)
  As a felony, with priors: 2, 3, or 5 years state prison, registration as a sex offender (in the discretion of the court)

What Defenses can Los Angeles Cyberstalking Lawyers Provide?

To be convicted at a trial, the prosecutor must prove beyond a reasonable doubt that

• The defendant willfully and maliciously harassed or followed another person AND;
• The defendant made a credible threat (online or offline) with the intent to place the other person in reasonable fear for her safety or for the safety of her family;

Cyberstalking is a specific intent crime, so to convict someone of this offense, the prosecutor must prove beyond a reasonable doubt that at the time the communications were sent to the recipient, the intent of the sender was to place the recipient in reasonable fear for their safety or the safety of their family.

This presents a difficulty because only the accused generally knows what their intent was at the time they acted. However, a prosecutor is allowed to prove mental state and intent by circumstantial evidence. If the content of the messages is threatening, and the sender had no other reason to send threatening messages other than to terrorize the recipient, a jury can infer that it was the sender’s intent to do so.

Further, because the cyberstalking law criminalizes speech, an accused person might have some first amendment protections from prosecution. In fact, courts have held that “A person is not guilty of stalking if her conduct is constitutionally protected activity.”

(California Criminal Jury Instructions 1301; See Civ. Code, § 1708.7(f) [civil stalking statute].) So, it is more difficult to prove a cyberstalking case where the victim is a politician or government figure and the messages seem directed squarely at the political actions of the recipient (E.g. “You should be afraid of what God will do to you for supporting abortion! You’re going to rot in hell forever!” written to a state or local government official.)

When Can the Police Search Your Car?

Mar 25, 2021

Can Police Search Your Car?

It’s important to know your rights to react appropriately in encounters with the police. You have to know your rights when you get arrested, for example, to protect yourself. People who don’t know their rights can often make mistakes, saying things they later regret or agreeing to actions that they don’t need to agree with, simply because they weren’t aware that they had a right to refuse.

One of the most common situations in which this may happen is when you get stopped by police on the road. Many people aren’t sure about the specifics of this situation. Can police search your car without your consent? Can a cop search your car without a warrant? And what counts as an illegal search of the vehicle? This guide will answer all of the common questions on the subject.

Vehicle Search and Seizure Laws in California

Searches and seizures of cars and other vehicles may take place in a variety of situations, and it’s important to know that the specifics can vary from location to location. The California search and seizure laws, for instance, may be different from those in a different state.

In general, the police do have the power to pull over cars when they have a reasonable cause for doing so and may request to search the vehicle, obtain a warrant to search the car if the owner refuses, or carry out a warrantless search, depending on the circumstances.

They’ll often do this when they have probable cause to search a car, like if they believe that a weapon or criminal evidence may be found in the car, or if they can clearly see illegal substances or weapons in plain view. So if you’re wondering “Can police search your car if they see something illegal through the windows?” then the answer is a definitive yes.

Fourth Amendment Rights

The Fourth Amendment to the Constitution is what gives car owners protection against unreasonable searches. This essentially exists to protect people against random or arbitrary vehicle searches and invasions of their private spaces without any reason or cause.

Watch the Video to learn more.

Public Policy for Search Restrictions

The main reason why the Fourth Amendment was introduced was to prevent people from having to worry about unreasonable or unjustified searches. It is designed to act as a form of protection for the public and is an integral part of nationwide automobile search rules.

Vehicles as Private Spaces

Originally, the Fourth Amendment only covered homes as ‘private spaces’, but the specifics of the amendment were adjusted to incorporate a person’s car or personal vehicle too. In theory, this can offer protection against an illegal search of vehicles, but history has shown that cars aren’t as well protected as homes.

Can Police Search Car Without Warrant?

So can police search your car without having a warrant? Well, yes, as it’s not always necessary for police to have a warrant to conduct and carry out vehicle searches.

Automobile search rules on this subject have been a little vague over the years, but in 2009, the Supreme Court made a ruling that helped to clarify the situation regarding legal vehicle searches and illegal search and seizure in vehicles.

Police can search a car without any kind of warrant in these situations:

• If the driver has provided consent for a warrantless search
• If the officers have probable cause to indicate that illegal activity or criminal evidence could be found in the vehicle
• If the officer feels that their safety is in jeopardy from a concealed weapon or other threat
• If you are being arrested and the search is a relevant part of the arrest process

What Happens If Police Damage My Automobile During the Search?

This is something of a gray area, and there have been different cases in which people have made claims and gone to court after their possessions or property were damaged in vehicle searches.

In general, if the police have probable cause to search a car, search it, find illegal substances, and do some damage in the process, the owner of the car usually doesn’t have much legal leeway to get any kind of reimbursement.

However, if nothing is found and no law has been broken, the owner of the car can file a claim and potentially take the matter to court with the help of a Los Angeles criminal defense lawyer.

Does Appealing Your California Guilty Conviction Mean You Get a New Trial?

Mar 15, 2021

Judges are people and people have flaws, there is no such thing as a perfect human being. When it comes to making rulings, even judges can make errors or issue bad decisions. Prosecutors aren’t without their flaws either, and they can engage in unethical and questionable behavior. Potentially your own defense lawyer can misrepresent you and inadequately serve your interests. Juries, even when trying to get it right, may turn in an unfair and even incorrect verdict.

When you have had to endure any of these unfair circumstances and this caused you to be convicted of a crime, don’t give up hope. You are not out of options and you can take steps to undo the wrongs that took place in your case. Appealing your conviction, if successful, can help you preserve your freedoms and protect your legal justice. If even one of these circumstances above happened to you, you are entitled to appeal the conviction. 

The Manshoory Law Group is a California criminal defense law firm that is dedicated to helping aggrieved individuals overcome their charges and get a second chance at life and a better future. The court where your case is seen for an appeal will depend on the type of crime you committed. Potentially, you can have your case seen at as high of a court as the United States Supreme Court. To ensure that you are properly represented and that your argument is artfully explained and litigated, count on the Los Angeles criminal appellate attorneys at the Manshoory Law Group.

Where Will You Appeal Your California Criminal Conviction?

If you are appealing a California misdemeanor conviction you would be seen at the Appellate Division of the Superior Court. When you are appealing a California felony conviction then you would be seen at the California Court of Appeal. If you were charged and convicted of a federal crime and wanted to make a federal appeal for that verdict you would go to the United States Court of Appeal for the Ninth Circuit. Should it be necessary, your appeal could go to the Supreme Court to be adjudicated. 

It is valuable to mention that your appeal doesn’t mean that you are going to have a whole new trial. You are not. This is not what the appeals process is for or how it operates. The higher court where your appeal is seen will simply review your conviction decision.  You will not have the opportunity to present new evidence, your case will not be retried, and no witnesses will be heard.

Speak with a California Criminal Defense Attorney Today

Typically, overturning a conviction verdict in California is an uphill battle and is a challenging proposition. However, you may have a valid case that is worth the appeal process and the best thing you can do is to ensure that you have the most experienced and highest-quality legal representation with the leading criminal defense professionals available. The Los Angeles appeals lawyers at the Manshoory Law Group will convincingly and forcefully fight on your behalf to detail the mistakes that occurred in your case which unjustifiably lead to your conviction. To speak about your unique situation during a free case evaluation, please call the Manshoory Law Group at 877-977-7750.