Trusted Criminal Defense Attorneys In Southern California
I agree to receive promotional content and notifications from Manshoory Law Group through email or text message. For further details, kindly refer to our Privacy Policy.
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.
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.
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.
This autumn, news in the Golden State is almost exclusively about the wildfires that have wreaked havoc across thousands of acres. As this tragic story plays out, many people have been displaced, and in some instances, their houses have been destroyed. Coupled with this tragedy is the new issue of looters.
However, while there may be some individuals looking to profit off the fact that people’s belongings are now out in the open, there are nevertheless some individuals who have been accused of looting who are not as guilty as law enforcement may believe. Retaining the services of an attorney with expertise in criminal defense, including burglary and petty and grand theft, can be crucial to ensure that an individual accused of looting can adequately combat those charges.
Recently, an article in the Sacramento Bee illustrated the concern that some residents have had regarding looting in their fire-ravaged neighborhoods. A discussion of looting, in general, as well as penalties and common defenses, will follow below.
What Are the California Looting Laws?
In California, looting is covered by Chapter 463 of the California Penal Code. Recognizing that, during riots, natural disasters, and other states of emergencies, there is always a risk that individuals will take advantage of the chaos around them and engage in theft, the California Penal Code considers looting an illegal act if the following elements are established:
An intentional act of commercial burglary, petty or grand theft, or grand theft of a firearm;
During a state of emergency.
Thus, essentially, looting is actually the commission of another crime (burglary, petty or grand theft, or grand theft of a firearm) during the existence of an emergency. It should be noted that the emergency can be natural, like an earthquake, flood, or other natural disasters, or it can be manmade, like a riot or unlawful assembly.
What are the Penalties for Looting in Los Angeles?
As mentioned above, since looting is connected with committing another theft crime under specific circumstances, the penalty for a charge of looting is based on the underlying charge. Thus, looting can be charged as either a felony or a misdemeanor, depending on the specific facts of the case.
Anyone convicted of looting may incur one of the following punishments:
For petty theft, looting is a misdemeanor, which carries a minimum of 90 days in jail and a fine of up to $1,000.
For burglary or grand theft, wobbler crimes in California, an accused individual can be charged with either a felony or misdemeanor, dependent on the individual’s previous criminal history and the facts surrounding the looting charge. The maximum sentence for a misdemeanor conviction is 364 days in jail and a fine of up to $1,000. A felony conviction can result in a sentence of 16 months in jail, two or three years in prison, and a fine of up to $10,000.
For grand theft of a firearm, the charge will be a felony which carries a sentence of 16 months, two or three years in jail, and a fine of up to $10,000.
Possible Defenses To Looting Charges
As with all crimes, defenses are available. Some of the more common defenses include:
Lack of intent (an individual must intend to commit burglary, petty or grand theft, or grand theft of a firearm);
During the arrest, law enforcement violated the individual’s civil rights, such as conducting an illegal search and/or seizure; and
The identification of the defendant was mistaken.
Finally, there is the defense of good faith. Essentially, if, during an emergency, an individual committed theft or burglary in good faith, such as taking medical supplies to treat wounds by someone injured as a result of the emergency, that individual may be able to avoid looting charges.
What to Do if You are Arrested?
If you have been charged with looting, 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 criminal defense law, including burglary and petty and grand theft, and we will ensure that you are provided with an effective and aggressive defense.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Being charged with a crime can be a harrowing experience. In many cases, the suspect is confronted with the distinct possibility that his/her life will be turned upside down, even if not convicted. Given that a substantial fine and/or prison time is a possibility, all efforts and energy must be directed towards defending the charges against him/her.
Retaining the services of an experiencedcriminal defense attorney can help alleviate some of the stress involved with being charged with a crime. One possible defense against criminal charges is that the State waited too long to file the charges, thus depriving the suspect of his/her right to a speedy trial, as well as violating the statute of limitations for the particular crime charged.
Entertainment personality Bill Cosby was recently found guilty and sentenced to a prison term of 3-10 years for drugging and sexually assaulting a woman in 2004. Although Cosby was actually accused of various sexual-related crimes by multiple women, he was able to avoid prosecution for all but one of the crimes because they happened well after the statute of limitations for those particular crimes had expired.
A discussion of statutes of limitation, when such statutes may not apply, and a suspect’s Constitutional right to a speedy trial, will follow below.
What is a Statute of Limitations and Why is it Important?
In the criminal context, a Statute of Limitation is a law that sets how long the State may bring charges against a suspect. Typically, the time periods set in statutes of limitation vary by crime. Nevertheless, if the State fails to bring charges against a suspect within the stated time, the State cannot pursue any action against the suspect or, if it attempts to do so, the defendant can petition the court to dismiss the charges. Typically, the court-mandated to issue a dismissal if it finds that the statute of limitations has expired.
In California, the time period, for calculating the limit in the statute of limitations, typically starts on the day the crime is alleged to have been committed. However, there are some instances in which the time period begins when the State knows or should have known, that a criminal act was committed. Matters falling under this aspect of the statute of limitations involve fraud and child molestation.
Finally, an important point should be noted here. If a suspect is, in fact, charged with a crime, the statute of limitations is stopped (referred to as tolling the statute of limitations). This is an important issue, which will be revisited below.
What Crimes Have No Statute of Limitations in California?
In California, some crimes have no statute of limitation, meaning charges can be filed at any time.
These crimes include:
Crimes punishable by death or life in prison without the possibility of parole;
Crimes for the embezzlement of public funds; and
Various sexual crimes, such as rape and child molestation.
When the Right to a Speedy Trial Applies?
There is another factor affecting the speed at which the State must act. Specifically, the U.S. Constitution provides defendants with a right to a speedy trial. This right is intended to protect the defendant from an unreasonable delay between the filing of the charges and the beginning of the trial. In California, by law, defendants have a right to the commencement of a trial within one year of the filing of charges.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, please contact the experienced criminal defense attorneys at Manshoory Law Group, APC as soon as possible. We have immense knowledge of criminal law, including ensuring that the State is acting according to the law. To that end, we will work to devise a strategy and present the best case for you.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
We use cookies to personalize content and ads, to provide social media features and to analyze our traffic. We also share information about your use of our site with our advertising and analytics partners who may combine it with other information that you’ve provided to them or that they’ve collected from your use of their services. Agree
Privacy & Cookies Policy
Privacy Overview
This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
