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Gangs are considered to be a serious threat to society. Rather than one individual robbing a merchant, for example, gangs are structured and arranged to achieve a specific end. Accordingly, law enforcement agencies have put a lot of effort into mitigating the effect of gangs. One way in which this is accomplished is through the compilation of gang databases, such as CalGang in California.
By focusing on known gang members, law enforcement is able to keep a closer watch on these individuals in an effort to keep society safe. However, in some cases, individuals may be put on CalGang without notice and without membership in a gang – they have slipped through the cracks. In these cases, it is imperative to retain the services of an experienced criminal defense attorney as soon as possible to implement a process for removal from the CalGang database.
Unfortunately, inadvertent inclusion on the CalGang database is not as far-fetched as one would think, as this article illustrates. As mentioned in the article, some have claimed that the database encourages racial profiling. A discussion of the CalGang database will follow below.
What is The CalGang Database?
CalGang, like most State gang databases, is a compilation of individuals who meet a number of criteria that, ostensibly, prove membership in a gang. Unfortunately, membership in a gang is a highly-subjective determination, and each county that participates in CalGang has differing categories for inclusion into the database.
This is actually a feature of the program, and not a bug, as law enforcement does not want gang members to hide certain aspects of their lives which would not get them placed on the database.
However, there are some factors that are common with most counties, and include the following:
Admission of gang membership;
Tattoos depicting gang affiliations;
Clothing consistent with gang membership;
Gang graffiti on personal property;
Identification as a gang member (from another gang member, a rival gang member, a reliable informant, a family member, or another law enforcement agency);
Association with known gang members, including prior arrests with such individuals; and
Attendance at gang functions or known gang hangouts.
What Can I Do to Get Removed from CalGang?
For instances in which an individual is improperly placed on CalGang, California law allows him/her to petition for removal. As set forth in the statute, the individual must first request removal from the law enforcement agency responsible for placing him/her on the database. This petition gives a court the authority to review the law enforcement agency’s denial. The petition must be filed within 90 days of the denial.
In its review, the court will look at the documentation provided by the law enforcement agency as its basis for denying the individual’s request for removal. If the court determines that the law enforcement agency has failed to establish, by clear and convincing evidence, the individual’s active, associate, or affiliate status of gang membership, the court shall order the law enforcement agency to remove the name of the individual from the gang database.
Speaking to an experienced criminal defense attorney can help ensure that an individual’s petition is viable, and will use their skill to ensure that the information in front of the court gives the individual the best chance at success.
Speak to a Criminal Defense Attorney
If you have recently discovered that you are listed on the CalGang database, and are curious as to what this means, as well as how and whether you can get yourself off the database, contact the criminal attorneys at Manshoory Law Group, APC as soon as possible.
The attorneys at our office have years of experience in criminal defense matters, including an understanding of what is involved with someone’s name being added to the CalGang database.
The attorneys there are available 24/7 to take your call. Contact our lawyers today for an initial consultation.
Being convicted of a crime, and serving out a punishment, unfortunately, is oftentimes not the end of an individual’s ordeal. A criminal conviction is a public record that can be accessed by anyone, including potential employers, landlords, licensing agencies, and professional organizations, by simply searching a database. Having a criminal conviction on one’s record can mean a much tougher experience in obtaining a job, receiving a business license, or applying for credit, as well as any number of other barriers that society has deemed necessary.
Fortunately, California provides a procedure by which certain individuals convicted of a crime can have their records expunged. This process will take the conviction off a person’s record, and allow him/her to truthfully and legally tell an employer they have no criminal record. This is a fairly easy process once it is determined a person qualifies, but it should be noted that, unlike other states, California does not completely erase the criminal conviction from the state record system. Instead, the case is reopened and is listed as “dismissed in the interests of justice.”
While this may seem like a hollow victory, potential employers are not allowed to use this type of record against an applicant or even reference it in the interview. As the vast majority of individuals will need to undertake this procedure only once, it is especially important to retain the services of an experiencedcriminal defense attorney to assist in the expungement process, as the process is complex, and the failure to adhere to all nuances could mean denial of a petition.
However, although California has recently expanded the offenses which are eligible for expungement, as well as streamlining the process, it still is time-consuming. As a recent article illustrates, a group advocating for those who are able to have their records expunged has developed an algorithm to assist in doing just that.
What Crimes Are Eligible for Expungement?
As mentioned above, only certain crimes are eligible for expungement under the current procedure. Specifically, expungement is not available for the following crimes:
Statutory rape, which prohibits sexual intercourse between persons who are 21 years and older and persons younger than 16;
Any offense involving child pornography;
Forcible penetration with a foreign object; and
Additionally, if an individual served time in State prison, that individual would only be eligible for expungement if the underlying crime is one that would qualify for a sentence to serve time in a county prison at the time of filing the petition for expungement.
Who Is Eligible To Have Their Records Expunged In California?
Expungement isn’t available to everyone, only certain individuals can receive this benefit. If you are unsure whether or not you qualify for having your record expunged, talking to a Southern California criminal defense lawyer who can examine your criminal history is a good place to start.
These legal professionals are going to check your history against the following measures:
Your conviction occurred in a state court, not a federal court
You did not go to state prison
You did go to state prison when you could have served your time in county jail if your crimes occurred after Realignment in Proposition 47 was passed
You meet the requirements to be eligible for a certificate of rehabilitation and expungement
You finished your probation or you were able to have your probation terminated early via a petition
You successfully completed all of your conviction requirements such as classes or community service
You are not facing any other charges for a criminal defense
Who May Not Have Their Record Expunged In California?
Those who have any of the following, are not able to have their records expunged:
You are looking at charges for a criminal offense
You are currently on probation for a criminal offense
You are currently serving a sentence for a criminal offense
You are convicted of certain sex crimes against children
When Can Someone Apply?
A person can request an expungement as soon as probation is completed or he/she receives an early termination of probation. Unlike many other legal procedures, expunging a criminal record is a fairly quick process that usually takes one to two months.
While expungement can help with employment and obtaining professional licenses, there are certain things it cannot do, including:
overturn a driver’s license suspension or revocation;
restore gun rights;
end a duty to register as a sexual offender; or
eliminate the conviction from being used toward sentence enhancements under the three-strikes law for any future criminal offenses.
How Does Expungement Work?
To have a record expunged, an individual who meets the above eligibility requirements, as well as the above crime requirements, may petition the State for expungement. In doing so, he/she will need to acquire a copy of his/her criminal record, and submit it for review by the ruling judge.
If all the required elements are met, then, thanks to the new process for expungement, the judge is given no discretion on whether to grant the request and, instead, is required by statute to expunge the individual’s record.
Accordingly, speaking with an experienced criminal defense attorney before beginning the expungement process will serve to ascertain whether a case is eligible for expungement.
What Happens After Your Record is Expunged in California?
There are several benefits to expungement but it doesn’t alleviate all issues that are connected with a criminal conviction in California.
This is what expungement will do:
Adjust the court record to indicate that your case was dismissed.
Provide more flexibility to answer no regarding your conviction when you apply to most jobs. You should answer yes regarding your conviction when you are pursuing a government job. The same is true for professions where it is necessary to have a license, certificate, permit, or any level of security clearance but you can also disclose that you had your conviction expunged.
Unless you are facing trial for another offense, you will be able to testify in court as a witness.
Potentially allow you to get a pardon if your expungement was for a felony.
An expungement in California will not do the following:
Your criminal history will still show your conviction and expungement that the state of California, as well as the FBI, can see.
If your conviction resulted in making it unlawful to have a firearm, expungement doesn’t reinstate that right.
You will still have to register as a sex offender if you were convicted of sex crimes.
If you require a government-issued license you have to indicate that you were convicted of a crime.
Seal your case from the public.
If you are arrested for another crime, your expunged crime can still be used to increase your sentencing.
Licensing agencies can still revoke or deny you a professional license.
The Immigration and Naturalization Service may still consider your conviction when determining your status.
How To Get Help With Expungement In California?
Despite its limitations, individuals who qualify for expungement can improve their quality of life and reclaim their future for the better after a criminal conviction. The Los Angeles criminal defense attorneys at the Manshoory Law Group can provide you with the legal guidance you need to learn about how expungement works and if your case is applicable.
Contact the California criminal defense attorneys at the Manshoory Law Group today to schedule your free case evaluation at (877) 977-7750 today.
As science and technology become more integrated with society, it seems inevitable that fictional crime dramas on television will eventually become reality. In these shows, many accused are convicted on the basis of DNA evidence. What the dramas do not illustrate is that DNA evidence is not the be-all-end-all and that its veracity can be contested and, in some cases, its applicability invalidated.
Retaining the services of an experienced criminal defense attorney can be crucial to negating the effects of this evidence, by persuading the judge or jury that the evidence is false, unreliable, or the like. Recently, California authorities arrested a man on suspicion of being the Golden State Killer, a serial rapist-murderer from a decades-long cold case, based on “Family Tree Forensics” – comparing the DNA collected at the crime scenes with the DNA submitted by family members to various private laboratories, and developing an educated match to the individual who is ultimately accused of committing a crime.
Deoxyribonucleic Acid (DNA)
DNA is a molecule, present in every organism, which carries the unique genetic instructions used in the growth, development, functioning, and reproduction of that organism. Essentially, DNA is the ultimate fingerprint – identifying information that is unique to every individual. An individual’s DNA is inherent in every aspect of his/her being. Thus, when an individual is at a crime scene, even portions of his/her skin that naturally falls hold DNA information. Law enforcement uses collected DNA to compare it against known samples in the state and federal databases.
Any juvenile convicted or adjudicated for a felony in California;
Any individual convicted or adjudicated of a misdemeanor, if he/she has a prior felony in any state;
Any individual in custody or on any supervised release after a conviction for any California felony committed prior to November 3, 2004;
Any individual currently on any supervised release for any offense, but having a prior felony in any state; and
Any individual is required to register as a sex or arson offender.
Challenging DNA Evidence
When done properly, DNA testing is incredibly accurate. This is because the only real possibility of two people sharing the same DNA is in the case of identical twins. However, to be done properly, the collection of DNA evidence must be done under the proper circumstances, such as when one can obtain a large amount, when there is a clear chain of title, and when the processing laboratory is mistake-free.
This happens, however, in only a few circumstances. In reality, DNA evidence will almost certainly have some degree of ambiguity, and, as a result, can be challenged on any number of factors including the following:
Bad sampling. DNA is collected at the crime scene, which is not a clean environment and can result in the contamination of DNA from other individuals. Further, some collections are less reliable than others, such as that from a door, which will almost certainly contain traces of many individuals.
Improper lab procedures. Some crime laboratories handle many samples at one time. Accordingly, strict procedures are needed to prevent mistakes. However, mistakes do happen, and a DNA sample may be improperly stored, labeled, or analyzed. Additionally, the chain of title – a documentation of the DNA and its possessor every step of the way from collection to courtroom – may be incomplete.
Travelling DNA. Even if a match occurs, it is not dispositive as to whether the accused individual was at the crime scene, as there is no known way to determine how DNA travels. Further, DNA can linger for months after an individual has visited a locale, further clouding the accuracy of the evidence.
Speak to a Criminal Defense Attorney
If you have been arrested on suspicion of committing a crime and DNA evidence will likely be used against you, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Time is always of the essence in responding to criminal allegations, so it is crucial to avoid delays.
The attorneys at our office have years of experience in criminal defense and can use this to challenge any DNA evidence that the prosecution may intend to use against you. Contact the Los Angeles criminal defense firm today for an initial consultation.
Dealing with law enforcement, whether officers or prosecutors, is a very intimidating experience. Unfortunately for the accused, this is a feature, not a flaw, of the American justice system. In an effort to allow law enforcement to investigate and, if necessary, punish individuals for committing crimes, society has effectively armed law enforcement with tactics that may seem harsh. However, the end result – taking a criminal off the streets, preventing him/her from committing a further crime – is why society allows such tactics.
Nevertheless, our justice system also allows for rights for the criminally accused, and retaining the services of an experienced criminal defense attorney is the best and most effective protector of these rights. Part of the collection of rights available to criminal defendants is the ability to block certain testimony at trial as privileged from disclosure.
One prime example is the confessional privilege. However, a State Senator is introducing a bill hoping to abolish this established right, effectively quashing a long-held legal tradition rooted in the common law. A discussion of the confessional privilege, and the current law in the California Legislature, will follow below.
Senate Bill 360
As mentioned above, an effort is afoot to eliminate the confessional privilege, albeit only in cases involving child abuse or neglect. Current State law, per the Child Abuse and Neglect Reporting Act, requires certain individuals, including clergy, to report to authorities whenever they, in their professional capacity, have knowledge of or observe a child whom the cleric knows or reasonably suspects has been the victim of child abuse or neglect.
An exception is made when the cleric acquires this knowledge or reasonable suspicion during a penitential communication. SB 360 would eliminate that exception.
The Confessional Privilege, Historically
The confessional privilege is a traditional and contemporary rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and members of their congregation. This privilege, like others, is based on the recognition of certain communication as not subject to otherwise obligatory disclosure. For example, this often applies to communications between lawyers and clients.
Similar to the spousal communication privilege, the confessional privilege exists because society has deemed communication between a cleric and a confessor to be sacrosanct, and above reproach. If, for example, a husband could not confide in his wife without fear of reprisal, the marriage would lose any semblance of trust and, in many cases, fail. In a similar way, the relationship an individual has with leaders in his/her church is granted a level of trust and honor that exempts it from use at trial. Failure to protect this communication would almost certainly result in fewer confessions and the loss of important societal support for many.
It should be noted that this privilege is not completely similar to another form of privileged communication – the attorney-client privilege. The purpose of that privilege is so that a client can receive the best possible legal defense (another time-honored tradition of our legal system). To require an attorney to report communications from his/her client would necessarily mean that the client would have to withhold information from the attorney, information that could exonerate him/her from the charges against him/her.
Speak to a Criminal Defense Attorney
If you have recently been arrested, or are facing an upcoming criminal trial, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. It is never wise to attempt to defend yourself against a criminal charge – even attorneys know this. Not only do prosecutors have many tools at their disposal, but they also have years of experience in convicting individuals.
The attorneys at our office can counter this experience. After an analysis of the circumstances of your crime, we will work to get you the best possible outcome. The attorneys here are available 24/7 to take your call. Contact the Los Angeles criminal defense firm today for an initial consultation.
Is a Confess to a Crime Alone Enough to Convict a Defendant?
When an individual is arrested for committing a crime, he/she is usually brought to a nearby police station for questioning. Unfortunately for the arrestee, the procedure used by law enforcement for questioning a suspect is extremely one-sided. In an attempt to ascertain the events which led to the crime, law enforcement will intimidate, harass, and pressure the arrestee into making a confession. While these actions are completely legal, confessions are sometimes coerced.
Retaining the services of an experienced criminal defense attorney can be crucial to having a coerced confession thrown out at trial. However, even if a judge rules that the confession can be introduced at trial, a legal principle known as corpus delicti is still applicable, which prevents the prosecution from relying exclusively on the confession of the arrestee for conviction, and requires the state to also introduce evidence linking the arrestee with the crime.
Recently, ostensibly in an effort to protect victims of human trafficking, the California Assembly introduced a bill that would allow an individual to report the occurrence of certain crimes, and be granted immunity from arrest, including sexual assault, human trafficking, stalking, robbery, assault, kidnapping, threats, blackmail, extortion, and burglary. A discussion of confessions, and when they cannot be used at trial, will follow below.
What is a Coerced Confession?
In California, all criminal defendants have the right to not be required to be a witness against themselves. In other words, no criminal defendant is required to provide the prosecution with evidence to convict him/her, such as being forced to confess to a crime.
Rather, the prosecution must prove the defendant committed the crime through other evidence. It should be noted that this right concerns the defendant being forced to confess to a crime; there is nothing against the defendant voluntarily confessing to committing a crime.
How can a Confession be Thrown Out?
The issue thus becomes – what is and what is not a voluntary confession?The standard for an involuntary confession is whether law enforcement used tactics that undermined the suspect’s ability to exercise his/her own free will. This is a high standard and a difficult one for a defendant to meet without effective assistance of counsel. The key to establishing an involuntary confession is showing that some sort of improper interrogation tactic overcame the arrestee’s free will.
Evidence that shows an obvious overcoming of the arrestee’s free will includes torture or depriving the arrestee of food and/or water for an extended period of time. Other, less obvious, means which can be used to overcome an arrestee’s free will typically require an inquiry into the circumstances involving the confession.
For example, courts will look at the following factors to ascertain whether an arrestee’s free will was compromised:
Whether law enforcement read the Miranda warnings to the arrestee prior to his/her arrest;
The location of the questioning (a police station is typically considered more intimidating than at the scene of the crime);
The length of the interrogation (the longer the interrogation, the more coercive it will be considered);
Whether the arrestee requested an attorney, and, if so, whether law enforcement honored the request;
Whether the arrestee decided to remain silent, and, if so, whether law enforcement respected that decision;
Who initiated the conversation (a defendant who freely and voluntarily interacts with law enforcement may not be able to show coercion); and
The arrestee’s age, level of maturity, mental/physical health, and experience with the criminal justice system.
As is clear, evidence other than putting pressure on the arrestee must be shown for a judge to rule a confession to be coerced. Speaking with an experienced criminal defense attorney will help to ensure that this evidence is brought to the judge.
Let Your Lawyer Do The Talking
If you have been arrested on suspicion of committing a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. It is important that you resist every attempt to confess to any crime.
The attorneys at our office have years of experience in criminal defense law, including an understanding of your individual rights and responsibilities. If you inadvertently, or under coercion, confessed to committing a crime, we will do our best to mitigate the situation.
The Los Angeles attorneys here are available 24/7 to take your call. Do not wait, contact us today for a case analysis.
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