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.

How to Reduce Felony to Misdemeanor in California: Prop 47

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.

Possession of Prescription Drugs in California

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:

1. Under PC 1000 minor misdemeanor diversion
2. Under PC 1001.36 mental health diversion
3. 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.