Trusted Criminal Defense Attorneys In Southern California
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A Californiabench 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 warrantis 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.
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.
Cannabis cultivation is illegal in California. There are a lot of people doing drug cultivation, but most of them are legally allowed to do so.
Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered as a type of drug and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.
Cannabis cultivation laws in California are very strict and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.
What Is Cannabis Cultivation?
Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.
Can you Legally Grow Marijuana in California?
California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.
In the past, you can only grow marijuana for medical purposes, but under Proposition 64, people living in California can now grow cannabis for recreational purposes.
Cannabis Cultivation Laws in California
Under Proposition 64, drug cultivation for recreational use is legal, but there are restrictions on who can grow the plant and the amount he/she can cultivate.
It will only be legal if both of the following statements are true:
The marijuana cultivator is 21 years or older
He/she cultivates no more than six cannabis plants.
Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six plants in a single residence.
It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.
Penalties for Illegally Cultivating Cannabis
For marijuana cultivation, penalties for growing weed illegally can be divided into three:
Infraction: You will be given an infraction if you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
Felony:You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
Violated environmental laws on cultivating marijuana
The penalty for a felony is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.
You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.
Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal lawyers in Los Angeles that would represent you in court.These professionals can also help you understand what you need to know to grow marijuana legally in your area.
What are the Defenses of the Unlawful Cultivation of Cannabis?
The following defenses are available to individuals charged with cultivating greater than six cannabis plants:
The cannabis belonged to another individual;
The defendant was not aware that the cannabis was where it was found;
The defendant was not aware that the cannabis was, in fact, cannabis;
The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
The cannabis was found as a result of an illegal search.
Speak to a Criminal Defense Attorney
If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible.
The attorneys at Manshoory Law Group, APC have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Getting arrested or even stopped by the police can be extremely stressful and a difficult situation for people to handle. Ensuring that you don’t end up doing something silly and that you can stay calm throughout, is the best way to approach things. So, what are your rights when you get arrested?
You will have seen it in films, people getting rights read when arrested, but do these actually represent the under arrest rights of a normal American citizen? What happens when you are arrested? When can police arrest you and what sort of constitutional protections exist to ensure you can’t be the victim of someone wrongly assuming you have committed a crime.
Can Police Arrest You For No Reason?
Fortunately for those who are concerned about your rights when arrested and whether police might just want to pick on you for no reason, there are some rules that protect you. Your rights state that you cannot be arrested for no reason.
So, when can the police arrest you? The police will either need a warrant, which has been approved by a state court, or they will need what is called “probable cause”. This is a big part of your under arrest rights. Probable cause is when the officer has a reasonable basis to consider a criminal activity that has taken place and that you are culpable. If you are arrested without probable cause then a false imprisonment lawyer can help you to get justice.
What Does Police Say When They Arrest You?
You will have your rights read when arrested. This is the speech we all know from the movies, but it is real and constitutionally required.
State-by-state, you might hear a slightly different warning when you are read your rights when arrested, but normally, the script is something like this:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
This is a brief overview of your rights. It gives you an indication of what you are able to do, for instance, the right to remain silent means that you don’t have to tell an officer what you are doing or where you are going. You are also entitled to a criminal defense attorney. There are some other protections in place for people when they are arrested.
You have the right to an attorney throughout. A false imprisonment lawyer might be the best option for you in this scenario but even if you can’t afford a lawyer, the state will assign one to you as this helps ensure a fair trial.
Unless you are at a border or in an airport, you don’t have to comment on any questions on whether you are a citizen of the USA or where you were born. Police officers should not ask you this.
There have been some incredibly high-profile cases of rights not being observed by police officers, so what should you do if you have any indication you’re under arrest rights have been violated and that you might have a case? Besides getting a great false imprisonment lawyer, there are things you can do yourself.
Make sure that you make a note of any information you can remember or get hold of such as the numbers of any patrol cars involved and the officer’s badges. If you can get witnesses to provide contact details, do so.
Take photos of any injuries and also get medical help straight away so that injuries are seen too, but also a third-party professional see your injuries.
From here, you can file a written complaint and seek the advice of an attorney.
Unfortunately, there are still instances of police officers not abiding by the rules which are set out to protect US citizens. If you fall victim to an officer not respecting your rights when arrested then you may have a legal case to file against the police. You have protection in the constitution to ensure that you are fairly treated through any legal proceedings.
Technology has changed almost every aspect of modern life, and criminal justice is no exception. It takes a long time for technology in criminal justice to get approved, but we fully expect technology and crime to continue to become more intertwined.
How Technology is Changing Law Enforcement?
Criminals will continue to use technology to their advantage, and it is important that future technology in criminal justice can do the same.
Whether you are working with an identity theft lawyer or another criminal defense lawyer, expect them to be up on the latest uses of technology and to use it to help you.
Some of the types of technology starting to become more commonly used include facial recognition software and body cameras, as well as drones and, notably, e-discovery software. So, what e-discovery is, and how does it fit into the criminal justice landscape? E-discovery, short for “electronic discovery,” refers to the process of identifying, collecting, and analyzing electronic data for legal investigations and proceedings.. There is some debate on where and when these technologies can be used. For example, the California Search And Seizure Laws state the police cannot use “unreasonable intrusion”.
Even 30 or 40 years ago, the idea of security cameras was relatively new in the world of law enforcement, so it shows how quickly new and future technology in criminal justice can be adopted.
Advantages of New Technologies in Criminal Justice
Why should we embrace these new technologies for our law enforcement? Whether you need a criminal defense attorney in Los Angeles, where technology tends to be cutting edge, or you are based elsewhere in the USA. the advantages of the new technologies are clear to see. Humans can be unreliable and prone to errors, even in the justice system, but if we can put technology to good use these errors should be less frequent.
Take facial recognition, for instance. This technology can help to identify people more reliably than using older methods like police lineups. Security camera footage can be analyzed in new ways. This can lead to more people getting convicted, and people who are wrongfully accused have more chances of proving their innocence. It isn’t always perfect, though, as we explore later in this article.
License plate scanning, drones with the potential to capture photos and videos, and GPS used to track people down, they’re all examples of new technology in criminal justice, and the best thing about the use of technology is the fact that it can potentially provide more evidence.
The sharing of information is another big consideration of what is now available in the world of technology and crime. In years gone by, technology being shared between police forces and crime agencies would have taken a long time and may have been inefficient.
Now, it takes very little time to get details shared on servers and via email, or even to collect video from security camera footage. This all means that more evidence is available to make the right decisions in courts of law, in theory at least.
Wrongfully Accused by an Algorithm
There is a cautionary tale about the use of technology in the criminal justice system. Robert Julian-Borchak Williams’ story is one of facial recognition gone wrong. The algorithm relied on matching images collected with driving licenses, and because of the error in this technology, he was arrested and accused of stealing nearly $4,000 worth of watches from a store in Detroit. The main evidence that was used to arrest him turned out to be completely unreliable.
This story shows how traumatic things can be when people are wrongfully accused of committing a trial, and the fact is that at the moment, technology can be unreliable. There are imperfections. While they might not seem like a big deal, In the case of Robert Julian-Borchak Williams, he claims that the image used to bring him in by the police was not even a close resemblance. Though there are bound to be some problems implementing technology, these extreme examples show how catastrophic issues can be for an individual.
Technology is a huge part of almost everyone’s daily routine and seems to become more a part of everyday life as time goes on. It has become a part of life for every identity theft lawyer or criminal lawyer in the USA and beyond, as the way the police operate has changed, along with the whole criminal justice system.
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