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.

Can You Have Your Los Angeles Bail Amount Reduced?

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.

When Should Your Los Angeles Defense Attorney File a 995 Motion to Dismiss?

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.