Jan 17, 2019
Being charged with a crime is oftentimes a stressful and harrowing experience. In many situations, the individual being charged with committing a crime will have had very little exposure to the criminal justice system and law enforcement, while those on the other side – law enforcement officers and prosecutors – understand the criminal justice system inside and out. This understanding gives them the ability to intimidate an individual with threats of fines and/or prison time. Retaining the services of an experienced criminal defense attorney is crucial to combatting not only the intimidation factor, but also the charges in general. Misdemeanors, especially, can be stressful on an individual. While society views misdemeanors as “petty” or “minor,” the fact of the matter is that having even a misdemeanor on an individual’s record can affect them in many ways, as will be described below. Further, with 80% of criminal cases in this country representing misdemeanor charges, it is extremely important to ensure that challenging law enforcement and prosecutors at every step of the way is done. As an example, a recent article discussed a new book about the misdemeanor system in this country and included an anecdote about a Texas woman who was actually put in jail for a short period of time following a traffic stop simply because her children were not wearing seat belts. A discussion of misdemeanors in California, including how they can affect an individual’s life, will follow below.
Misdemeanors, Generally
Misdemeanors are criminal offenses that are less serious than felonies, though many do involve violence. California does not classify misdemeanors based on their seriousness (i.e., degrees), but delineates misdemeanors as gross or aggravated, as follows:
- Standard misdemeanors carry a sentence of no more than 6 months in county jail, and/or a fine up to $1000.
- Gross or aggravated misdemeanors carry a sentence of no more than one year in county jail, and/or a fine of up to $1000 or more.
Typically, misdemeanors have sentences of a few days or months in jail or probation, coupled with community service and/or a fine.
The process for prosecuting a misdemeanor crime in most counties is generally a four-step process – arrest, arraignment, pre-trial proceedings, and the trial. Although this may sound simple, this process is filled with deadlines and various other procedures that must be followed. An experienced criminal defense attorney can help ensure that all requirements are met.
Effects of Misdemeanors
Although serving the penalty for a crime means, from a legal and societal point-of-view, the individual’s debt has been paid, convictions unfortunately will follow a person for the rest of his/her life. Some of the ways a criminal record will follow a convicted individual include the following:
- Background checks will most likely indicate an individual’s criminal record, which, depending on the job, may prohibit hiring.
- Professional Licenses. Some licenses are revoked upon conviction, or, if in the application stages, the application may be denied.
- Some loans can be denied based on the existence of a criminal record.
- Renters are definitely susceptible to being denied as a result of a criminal record, as some landlords or complexes specifically refuse to rent to convicted individuals.
- Most importantly, an arrest by itself is, in terms of society, embarrassing. Coupling an arrest with a conviction typically carries a social stigma that may be hard to escape.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, even if a misdemeanor, do not hesitate, and contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at Manshoory Law Group have a large body of knowledge and experience in California criminal law, including defending against misdemeanor charges. We will work with you to provide the most effective defense possible based on the specific circumstances of your case. Attorneys are available 24/7 to take your call. Contact the Los Angeles criminal defense firm today for an initial case analysis.
Dec 27, 2018
If an individual is charged with a crime, the possibility exists that, instead of a prison term, the court may order the individual to be placed on probation. While this possibility may seem like a desirable option, in most instances, it does come with mandatory conditions that must be satisfied to successfully complete the probation term.
Regardless of the potential sentence, though, once an individual has been charged with a crime, it is crucial to retain the services of a criminal defense attorney, to avoid combatting the government alone. One particularly pressing concern about conditions of probation is whether a probationer is able to post whatever he/she wants on his/her social media platforms, especially in light of the First Amendment’s protection of free speech.
However, as a California court noted, that right is legally curtailed by probation conditions designed to rehabilitate him and protect the victim. Specifically, the court noted that social media posts could endanger the victim and that there were other ways the probationer could communicate.
A discussion of the types of probation in California, as well as common conditions imposed on probation orders, will follow below.
How Does Probation Work in California?
In California, if you are convicted of a crime, you may be placed on probation, which is a suspension of a prison sentence and the order of a conditional and revocable release of the convicted individual to the community. Thus, when a convicted individual accepts probation, he/she will get a reduced or eliminated prison sentence, with the understanding that he/she will be eligible for additional prison time if the probation order is violated.
California offers two types of probation – formal and summary. Formal probation involves supervision by a probation department, whereas summary probation is supervised by the ordering court. In either case, however, violators will face being ordered to serve the balance of the sentence in prison/jail. Additionally, formal probation is intended to be an alternative to a prison sentence, whereas summary probation can be combined with prison, fines, classes, and/or community service.
What is the Condition of Probation?
If an individual is granted probation, there are typically various conditions that will be required for a successful completion of the probation order. The failure to follow or meet any of the conditions could result in the probation order being revoked, and the individual being sentenced to prison.
The following are some of the more common conditions included as part of probation order:
- Probationers may not be permitted to leave the jurisdiction during the term of their probation. Additionally, in the case of sex offenders, probationers may be restricted as to how close to a school, park, or other place where children gather they may live.
- As the case above illustrates, a probationer’s ability to communicate or post online may be limited.
- Contact with Minors. Most often invoked in crimes of a sexual nature involving children, probationers may be prohibited from coming into contact with minors.
- All probation orders require the individual to be employed and remain so during the term of the order.
- Some probationers may be required to sit for a polygraph test to ascertain his/her mental state and recent actions.
- Given the nature of this holiday, some probationers, particularly those convicted of sexual-related crimes, may not be permitted outside of their house on this day.
- Warrantless Search. By being on probation, and most commonly in drug cases, a probationer agrees to submit to a search of his/her person or property without a warrant.
- A court may impose a restriction on whom the probationer is allowed to associate while on probation. This is seen most common for gang-related crimes.
Speak to an Attorney About the Conditions of Probation
If you have been charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Our knowledge and experience in California criminal law are extensive and can help ensure that any punishment ordered is as minimal as possible.
If probation is ordered, we can ensure that you know each of the conditions of the probation order so that violations are avoided. Our Los Angeles attorneys are available 24/7 to take your call. Contact us today for a free case analysis.
Dec 17, 2018
Currently, anyone arrested in California on suspicion of committing a felony is subject to having a DNA swab taken of them. The DNA contained on the swab is then entered into a national database, called the Combined DNA Index System (CODIS). The CODIS database system has helped to revolutionize criminal investigations, allowing law enforcement agencies around the country to exchange information, generate leads, and link crimes to known offenders.
Nevertheless, being charged with committing any crime, let alone a felony (which typically carries with it a prison term of at least one year), does not entail an elimination of every right an individual possesses and retaining the services of an experienced criminal defense attorney can help to ensure that not only are those rights not infringed but that the individual has a fighting chance to combat the charges against him.
Recently, the State of California was sued for its requirement that law enforcement agents not only collect but keep, the DNA profile of anyone arrested for a felony, regardless of whether that individual is ultimately convicted.
A discussion of the legal requirements for taking a DNA sample of an individual and circumstances in which the sample can be expunged will follow below.
California DNA Collection Law
As alluded to above, pursuant to California law, any adult individual arrested for any felony offense is subject to DNA collection in California.
Additionally, DNA samples may also be collected from the following individuals, regardless of age:
- An individual who is convicted and/or adjudicated of a misdemeanor, but who has a prior felony record;
- An individual currently in custody or on probation, parole, or another supervised release after a conviction for any felony offense which was committed prior to November 3, 2004; and
- An individual is currently on probation or any other supervised release for any offense with a prior felony record.
Additionally, individuals convicted and/or adjudicated of various misdemeanor offenses may also have a DNA sample collected. These offenses include convictions for arson, and any misdemeanor offense requiring sex offender registration.
What is DNA Expungement?
Upon request to the California Department of Justice (CADOJ), certain individuals may be eligible to have their DNA expunged. If granted, the DNA sample will be destroyed, and any record of it, or the information contained within the record, would be unavailable for search through either the State database or CODIS.
The following individuals are eligible for DNA expungement:
- Individuals who have had no charges filed against them;
- Individuals who provided a DNA sample due to an arrest for a felony, but the prosecutor choose to file misdemeanor charges instead;
- Individuals who have had their matters dismissed were found not guilty, or have had a Court of Appeal overturn their conviction;
- Individuals who successfully completed a diversion or deferred entry of judgment program; and
- Individuals who were found factually innocent of the underlying offense.
If the CADOJ denies an individual’s request to expunge his/her DNA, that individual may petition a judge to do it. An experienced criminal defense attorney can help fight for removal.
Speak to a Criminal Defense Attorney
If you have been charged with a felony, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys understand the stress and consequences you face and will work to prepare the most effective defense to counter the charges against you.
Attorneys are available 24/7 to take your call. Contact our attorneys for a free case analysis.
Dec 10, 2018
Being accused of a crime is serious, and if that crime is rape or sexual assault, in today’s environment, it can seem like everything is stacked up against the accused. Due to the intimate nature of rape, in which there typically are only two persons involved, proving nonconsensual sexual activity relies on one person’s word against the other’s, as well as the results of tests on the body of the victim.
These statements and tests can appear to be irrefutable, but retaining the services of an experienced criminal defense attorney, with expertise in defending crimes of a sexual nature, can help to counter these statements and tests.
One type of test is known as a rape kit, which, essentially, is a test used by medical personnel for gathering and preserving physical evidence on the victim following an allegation of sexual assault. Recently, however, evidence has emerged about the destruction of rape kits, which has caused the number of rape and sexual assault allegations to go unpunished. As a result, many jurisdictions, including California, are passing laws prohibiting the destruction of rape kits until the statute of limitations has passed, meaning some individuals may be charged well after any alleged sexual assault occurred.
A discussion of the recently-passed California law regarding child rape, as well as how to combat a rape or sexual assault charge, will follow below.
Sexual Assault Victims’ DNA Bill of Rights
In an attempt to ensure that rape kits are not destroyed before the statute of limitations has expired, the California Legislature passed the Sexual Assault Victims’ DNA Bill of Rights. This law is applicable to any facility that preserves rape kits and requires them to conduct an audit of all untested kits in their possession and report the results to the California Department of Justice. Part of this report is an indication as to whether the assault was reported to a law enforcement agency. Presumably, this is to ensure that, if the statute of limitations has not expired on an allegation of sexual assault, one can still be made.
Defending Against Charges of Child Rape in California
As alluded to above, while it may seem that the deck is stacked against one accused of rape or sexual assault, there are some typical defenses that one may use to combat an accusation.
Some of the more common defenses include:
- False accusation;
- Lack of sexual contact;
- Consensual sex, including an honest and reasonable belief that the accuser consented;
- Insufficient evidence; or
- Mistaken identity.
It is important to note that being too intoxicated, meaning the accused did not know what he/she was doing, is not a defense to a sex crime in California if the intoxication was voluntary.
Besides asserting the defenses listed above, some of the more typical ways in which an accused individual can defend against a charge of rape or sexual assault include:
- Given that sexual assault is a “he said, she said” situation, it can be fruitful to negotiate with law enforcement and explain the accused’s version of the events;
- Alternatively, conducting a private investigation into the event may help illustrate, for example, the defense of mistaken identity; and
- Although not typically admissible in court, polygraph results may sway the prosecutor into dropping the charges.
If the above strategies are not successful, a defendant, especially a first-time defendant, can potentially lessen the damages by pleading guilty in exchange for a more lenient sentence. Additionally, if found guilty, an accused individual can try to mitigate his/her sentence by presenting evidence such as a lack of prior convictions. An experienced criminal defense attorney can help devise an effective strategy in response to these allegations.
Speak to a Criminal Defense Attorney
If you have been charged with rape or sexual assault, especially one in which a rape kit was involved, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have an extensive knowledge base of and experience in criminal defense, including dealing with delayed charges as a result of delayed rape kit processing.
We will work with you to prepare the most effective defense to counter the charges against you. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Nov 26, 2018
What is Money Laundering?
Being charged with a crime is not, to say the least, a pleasant experience for anyone. Some liberties and freedoms, which we, as Americans, have fought for, are suspended, at least temporarily and potentially more long-term, while the legal process works out whether the defendant is guilty. Retaining the services of an experienced criminal defense attorney can help make the legal process go as smoothly as possible.
However, other aspects of an individual’s life are also affected as a result of being charged with a crime. Specifically, individuals who have been charged with money laundering may find that they may not be permitted to purchase a house in an all-cash transaction. Recent federal law now requires that real property cash purchasers prove their identity, and those with previous allegations of money laundering may now be more highly scrutinized when attempting to purchase a house via an all-cash offer.
A discussion of California’s money laundering law, its punishments, and possible defenses will follow below.
What California Law Says About Money Laundering?
In essence, money laundering is the act of concealing the transformation of profits from illegal activity into legitimate assets. An issue associated with engaging in certain criminal activities is what to do with the financial proceeds of, or money resulting from, the criminal activity so that it does not arouse suspicion. Consequently, some look to launder, or clean, the money. Once this occurs, the money may be used in the mainstream economy.
Law enforcement takes steps to detect the laundering of money before it has concluded, and in California, money laundering consists of the following elements:
- The completion of a transaction, or a series of transactions, through a financial institution;
- In which the total amount of the transaction is more than $5,000 in a seven-day period or more than $25,000 in a 30 day period; and
- The transaction was made with the intent to promote criminal activity, or the defendant knew that the money was from the proceeds of criminal activity.
What is the Average Sentence for Money Laundering?
In California, money laundering is a wobbler crime. This means that the prosecutor may choose to charge a defendant with either a misdemeanor or a felony, depending on the defendant’s previous criminal history, as well as the facts of the case.
If the prosecutor chooses to charge the defendant with a misdemeanor, the penalties can include up to one year in jail and/or a fine of up to $1,000. If the prosecutor desires to charge the defendant with a felony, the penalties can include between 16 months and up to four years in jail, and/or a fine of up to the greater amount of either $250,000 or twice the amount of the money laundered (or $500,000 or five times, if the defendant has had a prior conviction for money laundering).
Further, California law provides for increased jail sentences correlated with the amount of the transaction. Thus, the more money laundering, the greater the potential jail sentence.
What are the Legal Defenses?
The primary defense to a money laundering charge is that the defendant did not know the money came from criminal activity. This is sometimes referred to as a mistake of fact defense and can be used by banks and other financial institutions who provide banking services and are not part of a money-laundering scheme to avoid prosecution.
Another potential defense is that the defendant lacked the intent to launder money.
Get Professional Legal Help With Your Money Laundering Charges
If you have been charged with money laundering, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have extensive knowledge of criminal defense, including white-collar crimes like money laundering.
As alluded to above, charges of money laundering can have negative effects on other aspects of your life, so it is important to aggressively defend against these charges, and the attorneys at the Manshoory Law Group will do just that, helping you to get your life back on track.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
