Dec 18, 2020
The holiday season is here once again, giving us a chance to kick back, relax, and enjoy some well-earned rest. This unique period of the year gives us a chance to share some quality time with our nearest and dearest and unwind from the hustle and bustle of our daily lives.
Unfortunately, the Christmas period and the New Year holidays are some of the most dangerous times to be on the road, as a couple of unfortunate holiday accident statistics reveal an average of 343 people die in traffic accidents in the United States each year across the three-day Christmas period, while 373 die over the New Year holiday.
This harrowing statistic makes even bleaker viewing when you consider that over 94% of traffic accidents occur due to human error, meaning the vast majority of them were completely avoidable. If you’re wondering why the holiday period is a particularly dangerous time, it’s mostly as a result of the adverse weather conditions and a sharp increase in drunk driving,
The winter months bring in snowy conditions that are treacherous for even the most experienced drivers, which is why it’s important to study up on some holiday driving tips before you head out, especially if you’re a newbie driver. Whereas more people drink drive on the holidays than usual, drastically increasing the likelihood of traffic accidents.
In this article, we will take a look at some of the holiday drunk driving statistics and explain how dangerous the roads can be at this time of year, as well as a few holiday driving safety tips to help protect you while out on the roads. Let’s get into it.
Drunk Driving Statistics During The Holidays
Here are some holiday accident statistics for drunk driving that highlight the importance of driving responsibly over the holiday period:
So what is the cause of this massive rise in alcohol-fuelled accidents? Unfortunately, it’s largely down to people’s ignorance and arrogance. Many individuals assume there will be fewer people on the road, which provides them with a clear rationale for driving while under the influence.
Others don’t drink very often and have a lower tolerance. Once intoxicated, they tend to get on the roads and naively believe they are safe to drive. Of course, whatever the movies are, drunk driving is extremely selfish and dangerous, as you not only endanger your life but the lives of other people who are on the road.
If you like to have a few drinks at Christmas, keep in mind the damage you can do to others and yourself if you jump into a car. The costs of a DUI charge can add up significantly, especially when you consider the price of the bail, impounding costs, and DUI attorney fees.
In California, the average cost of a DUI arrest is between $10,000 – $12,000, and you can expect to pay even more than that unless you hire one of the best criminal lawyers in Los Angeles to fight your case.
How to Identify Potential Drunk Drivers
Now that you’ve seen the shocking holiday drunk driving statistics, it’s important to learn what you can do to prevent yourself from becoming another one of those statistics. With that said, one of the best holiday driving tips is to learn how to identify potential drunk drivers so you can stay out of their way and alert the authorities.
Here are a few quick telltale signs:
- Quick acceleration and deceleration
- Zig-zagging all over the road
- Tail-gating
- Weaving in and out of traffic
- Drifting in and out of lanes
- Striking objects in the street
- Excessive braking and erratic behavior
How to Stay Safe on the Road this Season
Unfortunately, there is little we can do to control others’ drinking habits, and undoubtedly, there will be numerous drunk drivers on the streets this holiday season.
The best thing you can do is keep in mind the following holiday driving safety tips and do what you can to stay safe:
- Always plan for the weather
- Leave early and drive slowly
- Always be alert of other drivers
- Watch for black ice
- Do not text and drive
- Keep your car serviced and make sure it’s ready to deal with the cold temperatures
- Do not drink at your Christmas party if you know you plan to drive
We hope these safety tips for the holidays serve you well and keep you and your family safe during the Christmas and new year period, as this is a time for celebrating and rejoicing with the ones you love and not for grieving.
Dec 14, 2020
If you think you could potentially have an outstanding warrant in California, this is no doubt a distressing situation. It is a good idea to find out for sure if you actually have one or not. Typically, an individual with a warrant who is proactive and cooperative with addressing the issue has a better chance of being looked on more kindly by the court.
The sooner you can get your legal situation under control the better. If you confirm that you have an outstanding warrant, then quick action to get your legal situation under control is the route you will want to go. It is advisable that you don’t attempt to take on this task alone. Working with an experienced and knowledgeable California criminal defense attorney will increase your chances of lessening the penalties you face.
The California criminal defense attorneys at the Manshoory Law Group can help you determine if you have a warrant, should you need assistance figuring that out. If you do have a warrant, the Manshoory Law Group will also support you by assisting you in addressing the court about the warrant.
How Can You Check to See if You Have an Active California Warrant?
Depending on your violations, you could have either a California bench warrant or a California arrest warrant. There are differences between the two and these differences are:
- An arrest warrant is issued in your name when you are believed to be the person who committed a crime.
- A bench warrant is issued in your name when you have been determined to be in “contempt of court.” If you missed a court date, didn’t pay a fine, or violated a court order a bench warrant would be applied.
No matter which warrants you have, law enforcement has the right to arrest you for that warrant. When a judge issues a warrant against you, it is entered into the appropriate official website by the clerk of the court. It isn’t just your local authorities that can access this information, anyone with access to the US Department of Justice website can see the information. So if you are pulled over anywhere in the state of California or in the country, law enforcement can see that you have a warrant.
You can perform a search to determine if there does exist an outstanding warrant against you, any of the following three ways:
- Your local sheriff’s website or the website for the local court could have information on a warrant that was issued for you.
- You can look over the website of the Superior Court of California to find any outstanding warrants against you.
- You can run a criminal background check on yourself.
Speak with a California Criminal Defense Attorney Today
It is a good idea to immediately meet with a skillful Los Angeles criminal defense lawyer when you believe that you have a warrant. The defense lawyers at the Manshoory Law Group can tell you if the warrant you believe you have actually names you and what that warrant is for.
Additionally, they will advise you on the amount of bail associated with the warrant. There are many benefits of working with a criminal defense attorney and to ensure your best outcomes are seen, call the Manshoory Law Group at 877-977-7750 today.
Dec 2, 2020
What are the California Criminal Evidence Rules?
Every individual that is charged with a crime in the United States is innocent until proven guilty. This is true across every state, and the state of California is no different. In order to convict a person of a criminal offense, a jury of 12 community members assigned to a case must make the unanimous decision that based on the evidence, a defendant is guilty of a crime beyond a reasonable doubt.
The evidence presented to jurors comes by way of attorneys representing both the defendant and those on behalf of the prosecution. In order for evidence to be lawful, valid, and sound in a court of law in California, they must adhere to the California criminal evidence rules.
The California criminal evidence rules basically say the following:
- All evidence must be relevant to a case and a criminal situation
- The evidence must be able to be trusted and reliable
- Witnesses must be lawful
- Guidelines on how legal professionals can examine and cross-examine valid witnesses
- Hearsay is not permissible as evidence
- Character assassination unrelated to a crime in question is not admissible*
- You can refuse to testify in court
- You cannot stop someone from testifying in court
- Evidence may not misinform or deceive the jury
Witnesses can play a critical role in a strong defense strategy or they can be pivotal for the prosecution to get a guilty conviction. Because of the important job that a witness has in a case, there are rules in California that govern how witnesses are chosen and treated in the courtroom.
How To Select a Witnesses?
Any witness that is used must be proven to be competent and have the capacity to be a valuable and feasible individual providing clear testimony. If a witness cannot communicate in a way that the jury can understand they may not be used.
Also, if the individual doesn’t understand that what they say during a trial must be truthful and their words cannot be trusted, they are not a viable option for witness testimony.
Witnesses also must be relevant to the case and have applicable knowledge about it to be able to provide testimony. The information the witness, also called a lay witness, will provide will typically need to be factual. Opinions are only acceptable when they are rational and are necessary to explain their testimony.
Other types of witnesses that can be eligible for a case would be expert witnesses. These individuals have specialized knowledge about a subject. Due to their high-level proficiency regarding a subject they can provide more clarity regarding aspects of a case.
Opinions are acceptable from expert witnesses when a situation falls out of the bounds of what can be answered by facts and therefore, expert witness must use their knowledge to make a sound judgment of the circumstances.
Meet with an Effective California Defense Attorney Today
Every element of a California criminal defense strategy must be meticulously put together so an individual who is facing charges can have their rights protected and have the best chance for a favorable outcome. This includes witness selection.
If you have been arrested in California, contact our Los Angeles criminal defense attorneys at Manshoory Law Group, APC for representation. You can connect with the Manshoory Law Group by calling 877-977-7750 today.
Nov 30, 2020
What are the California Rules of Evidence?
If you have been arrested for a crime in the state of California, you will be seen before a judge and a jury of 12 community members or jurors. Your California criminal defense attorney will examine your case and gather information to mount an effective strategy to plead on your behalf and with any luck, get you off.
The judge and the jurors will listen to all evidence presented from both the prosecution against you and your attorney fighting for you. After they hear all the information the jurors will get together and make a determination on if they believe you are guilty or innocent.
To obtain a conviction every juror must agree that you are guilty. When you are facing serious California criminal charges, only the most experienced and effective legal defense will do.
A criminal charge doesn’t just mean jail time and hefty fines, but it is also a dark stain on your permanent criminal record that will follow you around for the rest of your life. This blemish on your record will negatively impact potential opportunities you have for relationships as well as professional development.
What Type of Evidence is Allowed in a California Criminal Trial?
The Los Angeles criminal defense attorneys at the Manshoory Law Group understand how important it is to preserve freedom and help those facing criminal charges in California have their constitutional rights protected. The Los Angeles criminal defense lawyers at the Manshoory Law Group are deeply committed to helping defendants have their charges reduced, when possible dropped completely, or help their clients avoid a conviction.
During the California criminal trial process, the majority of the time will be spent presenting the evidence collected from both sides. The California rules of evidence dictate what types of evidence are acceptable in a court of law.
Attorneys have a plethora of options to produce for the jury. Some of the types of evidence that attorneys will put forth include viable witness testimony, videos, photos, documents, emails, texts, phone records, audio files, etc.
The following are the California rules of evidence that are lawfully able to be used in court:
- All evidence produced must be relevant
- Rules defining who is a competent witness allowed to provide testimony
- All evidence must be dependable and trustworthy
- Rules dictating how attorneys can examine and cross-examine witnesses
- Hearsay is not acceptable evidence
- Past actions which try to speak to one’s character is not permissible
- The right exists to refuse to testify or provide certain information
- It is not lawful to prevent someone from testifying in court
- Evidence that can be misleading or cause the development of prejudice is not permitted to be used in court
If any of the California rules of evidence is violated, that piece of evidence may be barred from being used when the jury is considering their verdict. Should a violation exist during a trial but a judge doesn’t throw it out and you are convicted as a result, you could potentially appeal the decision on the basis that evidence used against you was unsuitable.
Do You Need to Speak to a Los Angeles Criminal Defense Attorney?
Don’t take any chances when it comes to choosing legal counsel that could be sub-par. Poor and inexperienced legal representation could be the difference between prison time and freedom. For the highest-quality criminal legal defense strategy in the greater Los Angeles area, connect with the resourceful and talented California criminal defense lawyers at the Manshoory Law Group.
The Manshoory Law Group is available to you any time, day or night so call 877-977-7750 today.
Nov 23, 2020
For some, receiving a summons to appear for jury duty in California is a bother and an unwelcome waste of time. For others, it is an exciting opportunity to be a part of the public justice system and a patriotic way to serve the interests of one’s country and state. Regardless of how you view a jury duty summons, you are expected to show up on your date and if you cannot, you must provide a legitimate and acceptable reason as to why. Missing your jury date without being formally and lawfully excused can lead to fines, prison time, as well as the potential to face criminal contempt of court.
With many Californians feeling wary and exercising excess caution when it comes to going out in public due to COVID concerns, a common question is what reasons would be acceptable to be excused from attending a jury date. It is critical that you understand your rights when it comes to having to appear for jury duty. If you make a mistake and accidentally miss your date, you will be facing penalties. The Los Angeles criminal defense attorneys at the Manshoory Law Group can help you if you are fighting charges related to missing your jury date.
What Excuses are Valid in California to Miss a Jury Date?
For some individuals, there is simply no way to reasonably make it to their jury date. If you are someone that cannot serve on jury duty and have a valid reason why, you must submit, in writing, your explanation in response to your summons. The following reasons can preclude a person from serving on jury duty.
- You have already served jury duty within the last 12 months
- You do not have access to transportation or the means to get to the court
- You live in a location that would require you to have to travel over 90 minutes to reach the court location
- You will suffer major financial strain if you have to take the time to serve on jury duty
- You will need to prove your financial hardship to the court via proof of income, proof your employer will not pay expenses associated with jury duty, or if you would lose your ability to financially support dependents.
- You are at high risk of suffering major mental and/or physical harm if you serve on jury duty
- You are needed to serve as a public health or safety official
- You are the caregiver of another person
- You have a felony conviction on your record
- You are an active military member
Outside of the limitations listed above, a legal juror must also be:
- Legal U.S. citizen
- Have a basic understanding of the English language
- Be 18 years-of-age or older
Speak to a California Criminal Defense Attorney Today
If you were not present on the date you were required to be at the court for jury duty in California and now you are facing fines, jail time, and even worse, contempt of court, call the Manshoory Law Group immediately. Our Los Angeles criminal defense attorneys only work on criminal defense cases and are dedicated to protecting the future and best interests of our clients.
The Los Angeles criminal defense lawyers at the Manshoory Law Group are available 24/7, offering free consultations, flexible payment plans, and have developed long-standing relationships with courts and prosecutors. Schedule your free consultation with an attorney at the Manshoory Law Group today by calling 877-977-7750.
