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.

What is the Difference Between Crime Control and Due Process Model?

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.

Understanding What an Arraignment in California Is

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.

The Rules of Public Nuisance in California

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.