What are the Rules Regarding Witness Selection in a California Criminal Case?

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.

What are the Rules of Evidence?

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:

1. All evidence produced must be relevant
2. Rules defining who is a competent witness allowed to provide testimony
3. All evidence must be dependable and trustworthy
4. Rules dictating how attorneys can examine and cross-examine witnesses
5. Hearsay is not acceptable evidence
6. Past actions which try to speak to one’s character is not permissible
7. The right exists to refuse to testify or provide certain information
8. It is not lawful to prevent someone from testifying in court
9. 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.

What Reasons Are Acceptable to Miss Your California Jury Duty Date?

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.

Is it Possible to Have Your California Warrant Recalled Without Having to Pay Bail or Going to Jail?

Nov 23, 2020

A California bench warrant is issued by the courts when any of the following has taken place:

• The defendant did not show up to their court date or traffic citation
• The defendant defied and violated their court order
• The defendant committed parole violations
• Not paying fines
• Not appearing or enrolling in classes mandated by the court
• The defendant fails to show evidence to the court of progress in a program or class mandated by the court

When a party has an active bench warrant, the document serves to find that party and either arrest them or hold them because of any of the above violations of the court. For cases that are pending or after a defendant has been officially put on probation, if that defendant fails to follow their court orders, a bench warrant will be issued.

In contrast, a California arrest warrant is issued when evidence exists that a defendant committed a crime or if there is a grand jury indictment of the defendant. When the move is made to file criminal charges against an individual, an arrest warrant will be used if the person is not currently in the custody of the police.

Can You Get Out of a Warrant without Serving Jail Time?

If you have a bench warrant you may be able to have it recalled. To do this a court date will be scheduled and either you or your California criminal defense attorney on your behalf must appear in court on that date. If successful, you can have the bench warrant removed.

When your warrant is issued due to a misdemeanor offense, then you have the option of not having to physically be present in court and you can instead opt for your attorney to appear for you. Felony charges are handled more strictly in California. Anyone with a felony charge and a warrant must be present in the court if they want to have their warrant recalled.

Because it is so common for defendants to try and avoid capture and flee after a warrant has been issued for them, those defendants that are more cooperative have a much better chance of being successful with having their warrant removed from the California judicial system. Judges will appreciate a defendant who obliges with their warrant and willingly surrenders without the need for a police chase and seizure.

When you work with the Los Angeles criminal defense attorneys at the Manshoory Law Group, you will have the most knowledgeable and highly experienced legal team effectively negotiating with the prosecution to better manage your self-surrender. The Manshoory Law Group has extensive skills and talent in persuading prosecutors to agree to a recognizance release or to set bail for you. When you are issued bail, you may be able to post it in court and therefore avoid having to sit in jail.

Work with A California Criminal Defense Attorney Today

Every California courthouse and judge will handle clearing warrants from a defendant differently. When you work with the Los Angeles criminal defense lawyers at the Manshoory Law Group, you will increase your chances of clearing your warrant while not having to spend any time in jail and you also may potentially be able to get out of paying bail. Call the Manshoory Law Group today to schedule your free consultation at 877-977-7750.

What Happens if You Miss Your California Jury Duty Date?

Nov 9, 2020

While some may relish the opportunity to serve on a jury to hear a case, there are many others who couldn’t be bothered with civic duty. If you get the notice in the mail that you have been selected to serve on a California jury for jury duty you are expected to respond. When you don’t have a legitimate reason to lawfully excuse yourself from showing up, you will face penalties in the state of California for ignoring the summons.

Potentially, you just made a mistake on the day you were expected to show up to the court and forgot that you were scheduled to appear for your jury date. Often, missing the initial jury date results in a follow-up summons to appear in court. If you simply ignore your duty to show up on multiple occasions, you are at risk of being charged with contempt of court. Depending on which court you are scheduled to appear in, this can be the difference between mild penalties and those that are severe as the court has the discretion to decide what to do to jurors that fail to show up as they were supposed to. With fears over COVID, though, many jurors in the state are opting out of attending jury duty.

If you Miss Your Jury Date, Will You Be Summoned a Second Time in California?

In the majority of cases, the answer is yes. Missing your initial court date doesn’t just go away and you are highly likely to receive another court summons as a result. When you are summoned a second time, it will look very similar to the first document you received. The only real difference will be that the second time around, there will be information included warning you that missing again will result in penalties.

If you comply and appear in court that is normally enough to meet your requirements and you would be free of facing any negative implications or punishments. There are situations where the strictest courts don’t tolerate missing any court dates. In this case, it may only take you missing your first date for you to receive a fine. In most cases though, if there was no fine issued after a first missed appearance at court, you can bet that it is very likely you will be fined with a second, consecutive absence. Missing a court date two times in a row may not just lead to fines but also criminal contempt of court.

Contempt of court is considered a criminal charge in the state of California. Contempt of court in California can come with up to five days in jail in addition to the potential of up to a $1,000 fine. Not only does contempt of court charge inflict financial penalties and jail time on a defendant, but it will be put on the defendant’s record.

Do You Need to Speak to a Los Angeles Criminal Defense Attorney?

Missing jury duty without an acceptable reason can lead to major life disruptions and expensive fines. If criminal charges are attached, such as is the case when contempt of court occurs, a defendant may face life-long challenges including being unable to find gainful employment.

The experienced and aggressive Los Angeles criminal defense attorneys at the Manshoory Law Group will fight on your behalf so the charges in your case will be either thrown out or reduced. Contact our lawyers any time, day or night at the Manshoory Law Group at 877-977-7750.