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Being stopped by police is no joke and can result in arrest and criminal charges if certain facts and actions are present. However, merely engaging with law enforcement is unnerving. What makes the experience so unnerving is the lack of familiarity with the criminal justice system, especially from the point of view of law enforcement.
Law enforcement has a greater depth of understanding of the criminal justice system because they deal in that arena on a daily basis. As a result, most individuals may not know specifically what their rights and responsibilities are. Retaining an experienced criminal defense lawyer can help level the proverbial playing field because he/she is also well versed in this arena, in most cases, also on a daily basis. Looking at the specific circumstances of a stop or conversation with a police officer, many may be unaware whether cooperation must be provided to law enforcement.
To this end, a California law, from the frontier days of the State, maybe get an overhaul. Currently, it is a misdemeanor to refuse to comply with a call for assistance by law enforcement, but a California Assemblyman is looking to repeal that 1872 law. A discussion of law enforcement’s power of arrest, and what cooperation is required to be provided to law enforcement, will follow below.
Why Should You Stay Calm and Cooperate with the Police?
California law allows law enforcement officers to arrest an individual in one of the following situations:
Pursuant to a warrant; or
Without a warrant, if one of the following is true:
The officer has probable cause to believe that the individual has committed an offense in the officer’s presence;
The individual has committed a felony, whether or not in the officer’s presence; or
The officer has probable cause to believe that the individual has committed a felony.
Thus, in cases where there is no warrant for an individual’s arrest unless law enforcement is absolutely certain that the individual has committed a felony, the officer will typically have to rely on probable cause to arrest the individual. This reliance is routinely supported by questioning the individual.
Can you Refuse to Speak to California Police?
It is important to understand that, as the warning set forth in the U.S. Supreme Court case of Miranda v. Arizona, anything said to law enforcement can and will be used against the speaker. Inherent in this statement is the Federal Constitution’s guarantee against self-incrimination – that any individual will not be required to say something which could implicate him/her in a crime. As a result, it is important to understand what is required when interacting with law enforcement.
Miranda also notes that all individuals have the right to remain silent. This right should be exercised as much as possible, although there are times in which this right can be waived, such as in the case of mistaken identity or to provide an alibi.
As an example, if law enforcement is accusing an individual of committing a crime at a specific time and at a specific location, and the individual can prove that he/she was not in the location at that time, speaking to law enforcement may avoid the formal filing of charges against the individual. Nevertheless, it is also important to understand the consequences of exercising this right. As an example, while it is an individual’s right to refuse to provide identification to law enforcement if requested, such refusal may result in an arrest.
Once an arrest is made, however, it is never advisable to speak to anyone without first consulting with a criminal defense attorney. Their understanding of the law will ensure that nothing is said which could act against the interests of the arrestee.
Best Practices When Dealing With the Police
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. The attorneys at our office have years of experience in criminal defense law, including an understanding of your individual rights and responsibilities. We can advise you of your legally-required responsibilities, as well as what information is not required to be provided to law enforcement.
We are available 24/7 to take your call. Do not wait, contact us today for a case analysis.
How Does Mental Illness Play a Role in the Criminal Justice System?
Being arrested turns lives upside down, and includes a future of an investigation into their alleged wrongdoing, as well as a trial in which details of their life become public knowledge, and a potential long-term future of incarceration. Retaining the services of an experienced criminal defense attorney can be instrumental to minimizing the effect of these issues. In most cases, the arrestee knows and understands the situation – that he/she is being accused of committing a crime.
However, some members of society may not truly comprehend the present situation, and, may not even comprehend that the act he/she is accused of committing was wrong. A recent article in the Chico Enterprise-Record illustrates the increasing percentage of inmates in California jails and prisons who are mentally incapacitated, making the California penal system a de facto mental institution.
California does provide a Diversion Program for those with mental incapacity, and a discussion of this Program will follow below, along with a discussion of the legal defense of insanity.
What is Competency to Stand Trial?
The State is not permitted to try and convict a person of a crime if he/she is incapable of understanding the proceedings against him/her or is unable to meaningfully participate in his/her own defense. This determination is made after criminal charges are filed and does not depend on person’s state during the time of the alleged crime.
This right is guaranteed by the U.S. Constitution as part of receiving a fair trial. However, convincing a court that a criminal defendant is incompetent can be tricky, and a defendant must prove he/she does not have the ability to rationally or factually understand the proceedings, or assist his/her attorney with preparing for trial.
Mental illness can cause these types of cognitive difficulties, and as long as the accused is incapable of understanding what being tried for a crime really means, the case cannot proceed. But, if competency is later restored, the State could choose to pursue prosecution at that time. If incompetency is found, the accused will be required to undergo psychiatric treatment and/or be committed to a treatment facility so doctors can attempt to control and manage any existing mental illness.
What is a Mental Health Diversion Program in California?
California’s Mental Health Diversion Program, a pretrial diversion program, allows some criminal defendants to receive mental health treatment when they are accused of a crime. Pretrial diversion, which may be requested at any point in a criminal proceeding before a defendant is sentenced, allows an eligible defendant to postpone further action in his/her case in order to participate in a treatment program.
Upon the successful completion of a pretrial diversion treatment program, the charges against the defendant will be dismissed. The record of the arrest will be sealed, and it will be as if the arrest had never happened.
To be eligible for the Mental Health Diversion Program, the defendant must provide evidence of each of the following conditions:
He/she must have been diagnosed with a mental health condition other than an antisocial personality disorder, borderline personality disorder, or pedophilia;
The diagnosed mental health disorder must have played a significant role in the commission of the charged offense;
Based on the opinion of a qualified mental health professional, the defendant would respond to mental health treatment;
He/she not only consents to the diversion program, he/she waives his/her right to a speedy trial and agrees to comply with the mental health treatment; and
The court believes that he/she will not pose an unreasonable risk of danger to public safety.
Probably the biggest obstacle of the elements noted above is being able to prove that the defendant has been diagnosed with a mental health disorder. To successfully show this element, the defense must present evidence of a recent diagnosis by a qualified mental health expert.
The expert may rely on any relevant evidence, including his/her examination of the defendant, the defendant’s medical records, and even the arrest report, which may illustrate the state of mind of the defendant.
What Does Not Guilty by Reason of Insanity Mean?
If the pretrial program is not available, the defendant can offer a legal defense of insanity, which, if accepted, means that he/she cannot be found guilty of a crime because he/she was legally insane when alleged to have committed it.
Under California’s insanity defense, a defendant is considered legally insane if either he/she:
Did not understand the nature of the criminal act; or
Did not understand that what he/she was doing was morally wrong.
Again, mental health evidence, most likely from a mental health professional, will help to establish the defendant’s perception of reality, both at the time of the crime and during the criminal trial.
What is an Alternative Sentence?
Because mental illness can significantly affect a person’s ability to control his/her actions or understand the implications of what he/she is doing, it is possible to receive a sentence that foregoes time in jail in favor of a combination of probation and psychiatric treatment.
This option focuses on addressing the root of the problem – mental illness – instead of imposing sentences that will not fix the situation. An experienced criminal defense attorney will know how to argue in favor of this outcome to the prosecutor and court so the mentally ill defendant receives rehabilitation and not just punishment.
Speak to a Criminal Defense Attorney
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. The attorneys at our office have years of experience in criminal defense law, including how mental incapacity affects the ability of the arrestee to understand the circumstances of his/her arrest. After understanding your specific circumstances, we will work to provide the most effective defense possible.
The attorneys here are available 24/7 to take your call. Do not wait; contact us today for an initial consultation.
Facebook – Instagram – Twitter – Yelp – Reddit. Each of these online sites, along with many others, allows individuals to express themselves, verbally and pictorially. And while these sites were ostensibly begun to allow individuals to offer opinions and commentary, some posters have, unfortunately, tended toward personal attacks, defamation, libel, and argumentative statements. In some cases, threats have been made online.
Even though the online world is a new phenomenon in today’s society, laws nevertheless apply. Consequently, an individual making a physical threat online can receive the same repercussions as a physical threat made in person. As a result, it is extremely important to be cognizant of what one posts online for the world to see. Failure to do so may result in criminal charges.
Recently, a California man was arrested for making threatening statements, via Instagram, to relatives and friends of those killed last year at Marjory Stoneman Douglas High School in Parkland, Florida. According to the complaint, the individual used several Instagram accounts to send harassing messages to the families, such as “I killed your loved ones ha ha ha.”
A discussion of online harassment, as well as what typically qualifies as a criminal act, will follow below.
What Is Cyberstalking?
Generally, online harassment, sometimes known as “cyberstalking,” is stalking that takes place via an electronic communication device. Online harassment is not a new crime; rather, it is the same as the traditional crime of harassment, but instead of being performed in person or via print, it is harassment done through an electronic medium, such as the Internet.
In California, stalking or harassment laws prohibit one individual from making harassing or threatening statements to another individual to the point where the second individual fears for his/her safety and/or the safety of his/her family.When those threats or harassment are communicated via the Internet, through email, via text messaging, over the telephone, through fax, video message, or any other electronic device, the crime is more accurately referred to as online harassment.
The penalty for online harassment in California is imprisonment of up to one year and/or a fine of up to $1,000. Thus, online harassment is a misdemeanor. However, penalties are enhanced when the aggressor pursues the same individual in violation of a court restraining order, in which case the prison term now has a range of two to four years.
Additionally, individuals convicted of felony harassment also face stricter penalties if they continue to stalk their victims. Finally, in some cases, an individual convicted of online harassment may be required to register as a sex offender.
What are the Examples of Online Harassment?
According to the law, online harassment occurs when an individual willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another individual, and who makes a credible threat with the intent to place that other individual in reasonable fear for his/her safety, or the safety of his/her immediate family.
As this can be interpreted in an extremely broad manner, some common examples of online harassment include:
Sending manipulative, threatening, lewd, or harassing messages via an electronic medium;
Hacking into an individual’s online accounts, and changing the victim’s settings and passwords;
Creating false online accounts on social networking and dating sites, impersonating an individual, or attempting to establish contact with the individual by using a false persona;
Posting messages to online sites containing the individual’s personal information, such as a home address, phone number, or other identifying information, or posting messages which can be derogatory, lewd, or controversial, of which may result in a backlash to the individual according to internet fraud statistics;
Uploading unauthorized photographs or videos;
Disseminating false information, spreading rumors, and/or publishing defamatory or libelous statements; and
Signing up for online mailing lists and services using the individual’s name and e-mail address.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. When criminal charges are pending, time is your worst enemy.
The criminal defense attorneys at our office have years of experience in California and federal criminal law, including knowledge of potential online crimes. After gaining an understanding of your specific circumstances, we will work with you to provide the most effective defense possible. The attorneys at our office are available 24/7 to take your call. Do not wait, contact us today for an initial consultation.
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.
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.
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