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.
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.
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.
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.
Jan 11, 2021
The new legislation that was passed and that began in 2021 in California impacts businesses, employees of businesses, the criminal justice system, the insurance industry, and the environment. While the existence of COVID did have some impact on the new laws, many initiatives were discussed before the pandemic took hold. For those that are currently in the California criminal justice system and for those that have served their time in prison and are out, the following changes to the laws could be impactful to their lives.
Updated legislation in California can change the parameters of your case or your sentence if you are convicted. To learn more about how changes in California criminal law affect you, the California criminal defense attorneys at the Manshoory Law Group can answer your questions and provide you with the most effective and tactical defense strategies to fight your charges. The Los Angeles criminal defense lawyers at the Manshoory Law Group are available to distressed individuals who have been arrested for a crime in California.
What 2021 California Legislation Impacts Criminal Reform?
Three out of the ten new laws are directed at criminal justice reform and these laws include:
The way an officer detains a suspect has gone under immense scrutiny all around the country. In California, it is now illegal for law enforcement officials to make use of chokeholds and carotid holds as a means of putting down a suspect.
One of the liberties and freedoms that are lost when one goes to prison is the right to vote. Now in California, those on parole who were denied the ability to vote prior to 2021 will have the ability to cast their ballot in elections.
The rampant wildfires caused massive harm and destruction in California. Professional firefighters were overwhelmed with the job it took to put out the fires and keep the public safe. The new legislation allows for those that served their time for their felony conviction who also assisted in the efforts to fight the fires the ability to have their charges expunged. Every case is different, and some cases won’t make the cut, but there are still many that have the potential to benefit from this law. This would mean that for those that are successful, these individuals could realistically become professional California firefighters.
Not everyone included in the California criminal justice system will have their criminal situation altered by changes in in-laws, but many could. It is important to know that when new laws are made you could be affected. Working with the most experienced and up-to-date criminal defense law firm in California will ensure your case doesn’t get lost in the shuffle and you see your full legal justice.
Meet with a Los Angeles Criminal Defense Attorney Today
The southern California criminal defense attorneys at the Manshoory Law Group, APC have a comprehensive and thorough knowledge of the constantly changing laws in California. The Manshoory Law Group has the legal team you want fighting for your legal justice. When you need rapid and compelling legal counsel to contest your California criminal charges, call the Manshoory Law Group today for the highest quality criminal legal defense services in Los Angeles at 877-977-7750.
