Feb 4, 2021
After you have been arrested in connection with an alleged crime, you will have to go to court for your arraignment. If you are unsure what an arraignment is and what to expect after you have been arrested, call the Los Angeles criminal defense attorneys at the Manshoory Law Group. The California criminal defense attorneys at the Manshoory Law Group’s sole focus is on criminal defense and helping defendants protect their legal rights and preserve their futures. The attorneys at the Manshoory Law Group can answer all of your questions regarding the criminal justice system in California as well as provide you with aggressive and tactical legal defense services.
What is an Arraignment?
If you have been arrested for a crime, you will have a court date set after your arrest where you will have your charges formally set forth. During this court proceeding, you will enter your plea which would either be not guilty, guilty or no contest. Not only will you learn more about your constitutional rights at your arraignment, but you will also learn about your bail amount or if you will be released before your next court appearance.
The length of time it takes to have your arraignment will depend on your circumstances. If you had to remain in custody after your arrest, then you must have your arraignment scheduled within 48 hours. However, if you are not in custody, you are going to have your arraignment in about a week’s time or longer. No matter what type of crime you committed, whether it be a felony or misdemeanor, how long it takes for you to have your arrangement will be based on if you are in custody or not. The United States Supreme Court’s ruling that scheduling a defendant’s arraignment is something that should be done as quickly as possible is the guideline that the state of California, like the rest of the country abides by.
The reason why it is helpful to have an arraignment in a reasonable and expedient amount of time is to preserve the legal justice of defendants. If an arraignment is drawn-out, then this would unfairly give the authorities time to search for as much evidence as possible so that it could be used against the defendant. For those individuals who have been detained after their arrest, this would all be happening while they are sitting behind bars waiting.
In instances where there is bail, if the bail is paid then the defendant will not be detained and will await their arraignment which will be longer than 48 hours. There are some cases where an argument can be made for a judge to dismiss the charges of a bailed-out defendant because the amount of time it took to schedule the arraignment was excessive. In this situation, the argument must be persuasive enough to show that the delay hurt the defendant’s ability to mount a substantial and competent defense.
Meet with an Experienced Los Angeles Criminal Defense Attorney Today
The Los Angeles criminal defense lawyers at the Manshoory Law Group have a proven track record of success representing defendants’ best interests and helping them see the most favorable outcome for their case. You can contact a top-rated Los Angeles criminal defense attorney at the Manshoory Law Group 24 hours a day and seven days a week. Consultations are always free, and flexible payment plans are available. Call the Manshoory Law Group today at 877-977-7750.
Jan 31, 2021
What Does Public Nuisance Mean?
A public nuisance is defined as an activity or condition that is offensive to someone’s senses or can interfere with someone’s quality of life. This is quite a broad definition, so it is down to the courts to decide whether a criminal nuisance charge is to be upheld. It could be anything that impacts your senses, such as loud noise or even offensive smells.
The laws on public nuisance are similar in most states, so deciding on public nuisance in California or elsewhere in the USA.
What is a Criminal Nuisance?
When deciding on the law of nuisance and a specific private nuisance claim, courts will consider the area’s population, what land might have been used for, how long the nuisance has been going on, and whether it can reasonably be presented.
If an ongoing nuisance is being caused, the state chooses to file criminal charges if somebody is maintaining a public problem. If someone is causing a nuisance in California, then they will only face a public criminal nuisance charge brought about by the state. Not by an individual.
A public nuisance is sometimes confused with disturbing the peace, but claims for the latter typically come from people being in danger or reasonable fear of danger. Nuisance can be noise pollution or consistent unpleasant smells from a garbage dump. These are examples that don’t cause immediate danger.
What Are The Differences Between Public and Private Nuisance?
There are some key differences between public and private nuisance claims. In a public claim, the offense is deemed to be against the general public rather than privately.
Individuals can bring about private nuisance lawsuits. The claims come from people experiencing any sort of disturbance that could be deemed to impact the enjoyment of their own private property. For example, a neighbor loudly playing music might bring about a lawsuit.
A criminal defense attorney may argue against the charges by claiming that the music is inoffensive or that it was a one-off situation. It can be difficult to get the claims upheld.
What Relief Is Available against a Public Nuisance?
The law of nuisance can be complex, and there are many forms of relief after a claim. An injunction or abatement could be used to order the defendant to stop the nuisance they are causing. There could also be a fine or even a sentence imposed against the defendant.
Criminal charges can come about as a result of public nuisance, but this is often used in extreme cases or when there is damage or the threat of damage to property. There also needs to be proof of the hardship that has been caused.
This is different from a private case, where an individual may seek damages as part of the reparations.
What is the Statute of Limitations (SOL) for a Public Nuisance Claim?
The statute can vary greatly depending on which state you are in. Public nuisance in California may be defined differently from New York, for example. A statute of limitations can depend on whether the nuisance is permanent or not.
Statutes can provide three-year limitations for permanent nuisances. The time is measured from when the nuisance occurs. Some states allow legal action to be taken for up to six years from the original nuisance, especially if it is continuous or recurring.
If you are looking to bring about a private nuisance lawsuit, then you should check whether you can bring about a criminal nuisance charge in your state. It is crucial to seek counsel from a lawyer. It is also vital that you collect as much evidence as possible. According to the statute, there usually is a time limit, so you can’t always wait to take action.
Do I Need a Lawyer for Help with a Private Nuisance Lawsuit?
While it is possible to make public nuisance complaints, a public nuisance lawsuit is likely to be out of your hands. However, if someone is causing a nuisance to your personal property and disturbing your quality of life, you may have the right to make a private nuisance claim.
This allows you to claim for an injunction or even seek other reparations such as compensation.
Jan 27, 2021
The Safe Neighborhoods and Schools Act, or Proposition 47 was enacted in 2014 in the state of California. The legislation affected how several different types of crimes are sentenced within the California criminal justice system.
As a result of Prop 47, numerous theft crimes had their penalties greatly reduced. When you have been charged with a California theft crime, the Los Angeles criminal defense attorneys at the Manshoory Law Group can help you fight your charges and protect your future.
What California Theft Crimes Were Affected by Prop 47?
Prop 47 made many adjustments to the classification of specific theft actions and how these crimes are sentenced.
Some of these changes include:
- Under PC section 459.5 shoplifting was developed which replaced charges of commercial burglary. A charge of commercial burglary was a felony offense making for very serious and severe outcomes of low-level stealing. Now, if the property is unlawfully taken from a commercial establishment during normal business hours when the business is open and the property isn’t worth more than $950, a defendant will face shoplifting charges which is a misdemeanor.
- Under PC section 473, if fraudulent checks, bonds, notes, money orders, and any other type of monetary instrument is used, as long as it is not higher than $950 it will be classified as a misdemeanor.
- Under PC section 476a if you write a check that isn’t more than $950 and you don’t have the funds to cover the check it will be considered writing a bad check. This offense has been reduced to a misdemeanor.
- Under PC section 490.2, with some exceptions, general property theft where the goods that were stolen are not worth more than $950 will be considered petty theft. As such, they will be classified as misdemeanors.
- Under PC section 496, as long as the stolen property that an individual receives is not worth more than $950 the crime will be a misdemeanor.
Anyone with a felony conviction in connection with one of these theft charges that took place before Prop 47 was passed has the right and the ability to pursue a legal case for having their felony charge reduced to a misdemeanor.
This retroactive re-sentencing may mean that an individual will no longer have to serve time behind bars the way they would have if they were still serving time for their felony conviction.
Can I Have My Record Reduced Under Prop 47?
Depending on the details of your case, you may not have to spend time in jail for your theft-related crimes. If you are currently in jail, you may be able to get out and instead serve probation time which is a much lesser punishment than having to live your life captive in the prison system.
When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group you can rest assured that you will have the best criminal defense services in Los Angeles advocating on your behalf. Call The Manshoory Law Group today at 877-977-7750 to meet during a free consultation.
Jan 22, 2021
Penalty for Unlawful Possession of Prescription Drugs in California
You are not legally allowed to have prescription drugs in your possession in California if you aren’t the owner of a legitimate prescription for the drugs. Controlled substances like oxycodone or codeine are tightly regulated by California state laws. In general, if you are arrested for possession of a controlled substance in California, you will l likely be charged with a misdemeanor.
Penalties associated with this type of offense include as high as $1,000 in fines in addition to as long as one year in jail. Not everyone will face misdemeanor charges, though, some circumstances may result in felony charges which have much stricter punishments.
The encouraging news for defendants facing unlawful possession of a controlled substance charge in California is that they may not have to spend time in jail. If you are facing charges related to a controlled substance, it is vitally important that you take your case to a qualified California criminal defense attorney.
When you work with a Los Angeles criminal defense attorney at the Manshoory Law Group, you will have the most knowledgeable and well-informed legal representation regarding the numerous programs that exist which can help you avoid serving time in jail.
Defenses Against Unlawful Possession of Prescription Drugs
In California, a pretrial diversion program is a means for defendants to participate in either an education program or a treatment plan that will take the place of serving time in jail.
There are three types of programs available including:
- Under PC 1000 minor misdemeanor diversion
- Under PC 1001.36 mental health diversion
- Under 1001.81 Military diversion
Defendants eligible for one of these diversion programs will now, due to changes in the laws, not have to plead guilty to their criminal drug charges. The great thing about a diversion program is that it provides a defendant with a second chance. Upon completion of a diversion program, a defendant will have their charges dropped and the history of the charges will be sealed.
On the other hand, if a defendant is unable to successfully finish a diversion program, then their charges stay and they will proceed with the normal course of action within the California criminal justice system.
Defendants may be eligible for a pretrial diversion program in California if the following are true:
- No previous felony convictions exist within the last five years;
- No convictions in the last five years for controlled substances;
- There was no violence committed;
- There was no relation to narcotics at the time of the arrest.
Meet with a California Drug Crime Defense Attorney Today
Unlawful possession of a controlled substance in California comes with serious penalties, but depending on your situation, you may not have to suffer through these repercussions. The Los Angeles drug crime defense attorneys at the Manshoory Law Group are up to date on all of the classes and rehabilitation programs that can be substituted for jail time.
To meet with the talented and resourceful Los Angeles criminal defense attorneys at the Manshoory Law Group call 877-977-7750 any time day or night.
Jan 18, 2021
There are many different types of sex crimes that have varying degrees of penalty by the court depending on the nature of the crimes committed. Penal Code 269 defines aggravated sexual assault of a child in the state of California. This charge comes with penalties on the harsher end of the spectrum that a defendant faces if convicted.
If you are charged with aggravated sexual assault of a minor in California, it is incredibly important that you have an experienced California criminal defense attorney fighting to protect your rights and freedoms.
If convicted of a PC 269 charge you will spend time behind bars as well as have to pay hefty fines. Additionally, it is likely that you will have to register as a sex offender which comes with its own set of additional difficulties when you re-enter society after you are done serving your time. To ensure you have the premiere criminal legal defense in Los Angeles call the attorneys at the Manshoory Law Group immediately.
What is Aggravated Sexual Assault on a Minor in California?
The state of California considers a child that is under the age of 14 and a minimum of seven years younger than the defendant to be a victim of aggravated sexual assault when they are sexually penetrated.
Sexual penetration can be in any form and as long as it has been done with a child, the result will be an arrest and charge for PC 269. The minimum prison sentence for a PC 269 conviction is 15 years and a requirement to register as a sex offender upon release.
The details of the crime will determine how severe the penalties are. In some situations, life in prison may result. A PC 269 crime is not to be taken lightly. The state will enforce stiff punishments and if an individual is released and refuses to or forgets to register as a sex offender, they will have to be active in the registry for the rest of their life.
Aggravated assault on a minor is a felony no matter how much prison time you receive. If you do have a sentence with an end date, that felony stigma will be a burden on your life. Convicted felons have a very difficult time obtaining gainful employment, finding meaningful personal relationships, securing loans, buying firearms, and even going to school. Not to mention the additional challenges of being a registered sex offender.
To defend against your charges, there are several strategies that could work for you including:
- The victim was older than 14 and was also less than seven years apart in age from the defendant.
- The victim falsely made claims against the defendant.
- The defendant was threatened, forced, and intimidated into admitting to the crime.
Meet with a California Criminal Defense Attorney Today
When you meet with one of the resourceful Los Angeles criminal defense attorneys at the Manshoory Law Group you can discuss your situation in detail. Your attorney will assess all the information and get to work on your case straight away. The Los Angeles sex crime defense attorneys at the Manshoory Law Group only handle criminal defense cases. Call the Manshoory Law Group today at 877-977-7750 to get together with an attorney during a free consultation.
