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.
Mar 15, 2021
How a Bail Reduction Hearing Works
California’s bail system allows some defendants the ability to avoid having to stay in jail while they await their court date. Individuals who are charged with crimes punishable by death, individuals who have violated their parole conditions, and individuals that are believed to be a safety concern for the public will not have the right to bail, but other defendants do.
There are many ways to pay bail giving defendants flexibility. However, popular arguments against the California bail system include claiming it is unfairly helpful to the rich who can afford to post bail and avert time behind bars waiting for a trial. When compared to the poor, it is quite unjust because the poor have no means to pay and will have to sit in prison until their date comes.
For defendants that are not able to pay their bail, they could be stuck in a jail cell for weeks or even months until their case is heard. In some cases, a defendant may have a bail amount that is so high there is no way that they will ever be able to pay it. If you have been arrested and given a bail amount that you believe should be reduced, contact the Los Angeles criminal defense attorneys at the Manshoory Law Group for help.
There are a lot of arguments an attorney can make to help their client have their bail reduced. One of the Los Angeles criminal lawyers at the Manshoory Law Group will look over your situation and determine what angle is appropriate for establishing that you deserve a reduction in your bail amount.
What Can Help Facilitate a Bail Reduction?
A top-notch California criminal defense attorney is going to look at every aspect of their client’s case to see where they can reduce charges, get a not guilty verdict, see if their client can be let off on their own reconnaissance before their trial, or find a way to have bail lowered where applicable. A judge is going to thoroughly inspect several aspects of your case to make a decision on if you should have your bail lowered.
The judge will consider the following:
- The severity and nature of your crime.
- If you could pose a threat to the public should you not be detained.
- How extensive your criminal history is.
- How dependable and reliable you are and if you are likely to show up to your court date or not.
- If you used a deadly weapon when you allegedly committed a crime.
- How much pain and suffering you caused a victim.
- If you were in possession of or on a controlled substance at the time of the crime.
Contact a Los Angeles Criminal Defense Attorney
Being assigned a bail amount gives defendants some wiggle room when it comes to staying out of jail until they have to appear in court. Given that it can be a lengthy amount of time after an arrest before a court date is scheduled, avoiding detention is important.
Not every defendant has the funds to just put up at any given time so they can avoid custody. When bail amounts are high, there is the possibility of having them reduced. Even when a bail amount is reduced it can still be out of reach of the defendant in terms of payment. In this situation, a bail bond company may be utilized and often is.
To learn more about how you can secure the best possible outcome for your case, and to have the most aggressive and established criminal legal counsel in Los Angeles, schedule a free case evaluation with the Manshoory Law Group. To do so, simply call (877) 977-7750 today.
Mar 2, 2021
What is a 995 Motion?
Defendants in felony cases in California have the right to a preliminary hearing where a judge determines if there is probable cause to send the case to trial. If the judge at the preliminary hearing believes that probable cause exists, the defendant will be arraigned and a trial date will be scheduled.
When the defendant was denied specific rights during the preliminary hearing or when there wasn’t enough evidence to prove probable cause the defendant’s California criminal defense attorney can file a 995 motion to dismiss.
A 995 motion will be reviewed by the trial judge and has the potential to have a defendant’s charges partially dismissed or completely dismissed. An arrest and conviction of a crime can change a person’s life forever. When there exist legal ways to reduce charges or have charges dropped a good attorney will find these opportunities.
Working with a seasoned and experienced Los Angeles criminal defense attorney protects a defendant’s rights and liberties. The Southern California criminal defense attorneys at the Manshoory Law Group only work on criminal defense cases and will ensure you know all of the options you have to resolve your case.
In What Circumstances Can A 995 Motion Be Successful?
Several circumstances can result in a successful dismissal from a 995 motion including:
- To prove probable cause there must be enough ironclad evidence to support it. When a preliminary judge allows a case to move forward to trial with insufficient or flimsy evidence this is unjust and a 995 motion can result in the case’s dismissal.
- If during the preliminary hearing more evidence is found and produced that speaks to the defendant’s innocence, the defendant should have their charges dropped.
- When the evidence used to prove probable cause was gathered by illegal means, a 995 motion can have that evidence removed from the case. Then there may no longer be enough proof to support the probable cause and the charges would be dropped.
- The 14th Amendment says that it is a requirement to make available all information that the prosecution has that pertains to the defendant or is advantageous to the defendant in a reasonable amount of time. If this doesn’t happen, a case can be dismissed.
- Procedural failures like missed deadlines can lead to filing a 995.
- Unless a defendant approves a delay in their preliminary hearing, it is unlawful to interrupt the session, and doing so will lead to dropped charges.
Attorneys who successfully argue for a dismissal will be able to have some of the charges or all of the charges their client is facing dropped. When the attempt is unsuccessful and the trial judge determines there is no reason to drop charges against a defendant, that doesn’t mean the defendant is out of options.
A defendant’s California defense lawyer can file an appeal on their behalf. The window for appealing the decision is narrow; therefore if enough evidence warrants the petition it is critical that a defendant’s Southern California defense lawyer not delay.
Speak with a California Criminal Defense Attorney Today
The Los Angeles criminal defense lawyers at the Manshoory Law Group are dedicated to providing defendants with effective and meticulous criminal defense strategies custom-tailored to their specific needs. Call our attorneys at Manshoory Law Group to schedule a free case evaluation at 877-977-7750.
Feb 21, 2021
When the police come knocking it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather to take an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference between detainment and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.
Having the support of an experienced and skilled criminal defense attorney providing you with legal counsel when you are being questioned by the police is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities.
When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have in relation to a crime should not be done without the support of your attorney.
How are Detainment and Arrest Different?
Detainment and arrest are connected but are different. A detainment may not result in criminal charges where an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
The officer can hold you for a period of time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detainment may not take too long. However, when detainment is in response to a major criminal event, detainment can be prolonged.
Regardless of the crime you are believed to be associated with, when you are detained, if there isn’t enough information that can sufficiently link you to it you will likely not be arrested and instead, let go. Should law enforcement learn more about your case and that leads to probable cause, you will be arrested? When you are outright arrested, by contrast, both an investigation and questioning will still take place.
In both detainment and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.
An arrest can happen without detainment, meaning, if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights detail your right to remain silent. While you won’t be read your Miranda Rights during a detainment, you still have the right to remain silent and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.
Contact an Experienced Criminal Defense Attorney
Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. The Los Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Contact our lawyers at Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.
Feb 15, 2021
In this guide, we’re looking at the difference between crime control and due process, two different models of criminal justice. There are always crime control model pros and cons, whichever system is implemented, and a lot of arguments about which of the two main methods should be put in place.
Both of these crime control model examples generally “agree”. They both dictate that the defense counsel should be an advocate for them in the justice system. Both also believe that if someone breaks the law then they should be adequately punished.
What is the Crime Control Model of Criminal Justice?
The crime control model of criminal justice is a conservative system that assumes that the suspicions of the police when arresting someone are probably correct. This allows the police to hold that person and doesn’t afford them as many protections.
Crime control model examples show people getting arrested and charged without being released back to their own homes or to continue with their lives before a court case. The crime control model of justice sees a lot of the extra steps of investigating the crime as over the top. If the crime is deemed to be almost undeniable, and police find evidence at the scene, it is unlikely to cause any contention.
Crime control is seen as harsher and comes down hard on criminals. However, some non-criminals could potentially get caught up.
What is the Due Process Model of Criminal Justice?
Due process protects peoples’ safety and liberty when they are arrested or charged. Until they have been proven guilty, they are allowed to go about their lives in a relatively normal way, especially if the crime in question does not mean they are deemed to be a danger to society.
Due process is all about preserving people’s rights. If someone is arrested and it is assumed that they are guilty, it is not necessarily fair for them to be treated in this way.
Due process model examples would inevitably see some criminals allowed to continue with their lives for a while, or treated as free citizens, at least until they are proven guilty. However, it prevents the chance of someone innocent being locked up for something they did not do.
Which Model is More Beneficial Crime Control Model vs. Due Process Model?
There is a lot of debate on this subject. The crime control model vs due process model is bound to rumble on for many years. If you look at it through the eyes of financial savings then the crime control model may be more beneficial. Some would argue that it also acts as even more of a deterrent.
However, when you look at the crime control model’s pros and cons, you will see that it can lead to innocent people losing their quality of life. This isn’t always the case, but some people argue that liberty is worth protecting to the extent where the due process pros and cons are more favorable when compared to crime control.
What Type of Legislation is Intended to Both Prevent and Control Crime?
The due process model of criminal justice is certainly not designed to keep crime levels high, but it may not be as much of a control method. The crime control model may do an effective job of preventing some reoffending and means that guilty people are taken off the streets quicker. The problem is that there is a risk to those who have not committed any crime at all.
While the crime control method comes down much harder on people, it does not protect peoples’ rights. In the USA, even a defendant has rights that need to be protected. On top of that, some argue that crime control gives a lot of power to police, and in some high-profile cases, police officers have abused their power historically. Contact our highly experienced criminal defense attorneys to analyze your case.
Due process vs. crime control will always have arguments on both sides. The different criminal systems prioritize different aspects of safety and peoples’ rights. The due process system is a lot more liberal, but this can bring with it dangers, as criminals could commit more crimes before they are found fully guilty.
