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So begins one of the more well-known speeches in American criminal jurisprudence. Whenever an individual is about to be interrogated, law enforcement officers must repeat this statement – known as one’s Miranda rights.
Further, after this statement has been read, the individual is given a choice – remain silent or waive his/her rights and speak. Unfortunately, criminal cases are full of stories about suspects who have been deemed to have waived these rights unknowingly or unwittingly.
To protect minors, who do not understand the gravity of such a waiver, the California Legislature enacted a law, which went into effect this year, prohibiting those under 16 from waiving these rights without consulting with legal counsel. A discussion of the Miranda Rights, generally, the need for this new law, and what to do if a minor is taken into police custody and interrogated, will follow below.
How Do Miranda Rights work?
The Miranda Rights have their modern incarnation in the U.S. Supreme Court’s decision of Miranda v. Arizona. Generally speaking, before any law enforcement agency may question an individual whom they suspect has broken a law, that agency must inform the individual of some of his/her basic rights, guaranteed by the Constitution, as well as other information that the individual should know prior to speaking to that law enforcement agency.
Specifically, the Miranda Rights include:
the right to remain silent;
the knowledge that anything the individual says or does, going forward, will be used against him/her in a court of law;
the right to have an attorney present before answering any questions; and
the right to have one appointed on his/her behalf if an individual cannot afford one.
How are Miranda Rights Different for Juveniles?
It is a common belief that those under 16 are not mature enough to fully comprehend their legal rights. Concerningly, law enforcement officers are trained to obtain admissions and confessions from individuals they believe have committed crimes. Part of this training includes offering false assurances (that the individuals will not be imprisoned if they speak), tricking individuals into confessing to crimes they did not commit, and questioning individuals for hours in an attempt to wear them down.
These strategies have been successful, resulting in many closed cases without great expenditure of time and money by law enforcement agencies. Their success is based, partially, on the fact that humans will generally wilt under the pressure of law enforcement interrogation, are looking for a way out of their failures, and/or will just become exhausted.
Unfortunately, while adults are able to freely make the decision whether to waive one’s rights of silence and legal counsel and fully comprehend the consequences of doing so, as mentioned above, minors under 16 typically do not possess this ability. Additionally, these children may more easily succumb to law enforcement tactics and may say something that, when used against them, and even if untrue, will have lifetime ramifications.
Accordingly, anew law was enacted and become effective this year that is intended to compensate for this lack of understanding by children under 16, through conditioning a valid waiver of Miranda Rights on prior consultation with legal counsel. This measure ensures the minors are fully aware of the consequences of any waiver of their Miranda Rights before negative effects attach, an act that calls for skilled legal representation by someone on their behalf.
Juvenile Legal Support with Miranda Rights
If a minor you know has been brought in for questioning by a law enforcement agency, contact the experienced criminal defense attorneys at Manshoory Law Group as soon as possible.
They will ensure that the child is treated properly, and maintains all rights afforded to him/her by the Constitution. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
An unfortunate reality of the American justice system is that not everyone convicted of a crime is actually guilty. Being accused of a crime is one of the worst things that can happen to a person, but if that false accusation turns into a conviction, the consequences are even direr and life-changing. Repercussions from losing one’s job to ostracization from society can truly catapult one into what seems like a never-ending downward spiral. Although our criminal justice system works in most cases and is held up as a standard to many other countries, not all juries get things right.
Unfortunately, in such cases, the consequences to the accused can be horrific, such as what happened to a Vallejo couple in 2015, where an abducted woman and her boyfriend were accused of staging a hoax similar to that presented in the movie, Gone Girl. While this example did have a happy ending, and no innocent people were incarcerated, this doesn’t happen in all cases, and innocent people do go to jail.
A man was recently released from prison after serving 20 years for an attempted murder and robbery conviction related to a shooting at a Compton gas station in 1996 after prosecutors were forced to admit the facts pointed to his innocence. His conviction largely rested on a witness misidentification, a known source of false accusations and wrongful convictions.
The 20 years this man lost in prison can never be recovered and highlights how an aggressive approach to challenging false accusations is essential to mitigating the potential consequences.
The best way to avoid such a situation is to do your best to ensure the proper outcome, which means immediately securing representation from experienced criminal defense attorneys. Anytime a person is a suspect in connection with or facing charges for a crime, a criminal defense attorney should be contacted to protect the accused’s rights and to limit the potential fallout.
Skilled criminal defense attorneys know and can navigate through the complex idiosyncrasies of the criminal justice system to ensure the fairest possible conclusion. An overview of what someone falsely accused of a crime should do in the immediate aftermath, and the options criminal defense counsel has to combat such claims, follows.
How to Respond to False Accusations
First and foremost, anyone accused of a crime should always assert his/her right to remain silent when arrested or questioned by police. Since the person accused is unlikely to know exactly what the accuser told police, offering information may inadvertently support the accusation. In addition, prosecutors usually have to decide whether or not to charge someone with a crime within a relatively short period of time, so the less information they have to work with, the better for the accused. The only information the accused should offer is his / her name, and a request to speak with an attorney.
Being falsely accused of a crime, unfortunately, does not alter the way the matter progresses through the criminal justice system. This is because the prosecution typically does not believe the defendant’s assertion. Consequently, one who is falsely accused should never think that, because he/she is innocent and has nothing to hide, there is no need to seek the counsel of an attorney. In fact, as a result of the false accusation, there is perhaps an even greater need for legal advocacy.
One tactic that should never occur without the presence of counsel is for the defendant to negotiate a plea agreement on his/her own. In other words, a defendant should also never agree to plead guilty to a lesser offense without the advice of counsel.
While, in some cases, agreeing to a lesser offense may be the best option, even for innocent defendants, an experienced criminal defense attorney will be in the best position to not only negotiate the best possible plea deal but to explain all the ramifications of an agreement to that plea deal to his/her client.
An attorney should be requested at the outset of any type of investigation, including arrest or questioning. In addition, the accused should make sure to restrict discussions about the case to communications with his/her attorney. Friends, relatives, and acquaintances can all be called to testify in court, but only if they have relevant information to share.
How Do You Defend Yourself Against False Accusations?
First, it is important to understand that cases involving false accusations should be not handled differently because the person is certain he/she is innocent. Competent criminal defense is just as necessary, and making plea bargains directly with prosecutors should be avoided. It may be tempting to accept a plea deal to avoid a trial and jail time, but there are still consequences to accepting responsibility for a criminal offense.
While it is true that it is difficult to prove one’s innocence against false accusations, it is not impossible. In cases, for example, where both parties are present at trial, unlike homicide, cases focus on the testimony of both parties involved. An experienced criminal trial attorney on your side will best be able to persuade the jury to believe your assertions. Specifically, your attorney should examine not only the evidence but the credibility of the witnesses, in their preparation for your defense.
Additionally, in all criminal trials, the prosecution must prove that the defendant committed the crime beyond a reasonable doubt. A skilled attorney will use all means at his/her disposal to combat this significant burden. In addition to that listed above, this would also involve a thorough discovery of all facts in an effort to dispute all the elements of the charged crime.
Another approach a criminal defense attorney can take to combat false allegations is to attack the legality of the underlying arrest. Police cannot arrest a person without probable cause, which requires police have a reasonable basis for believing a certain person committed a crime.
Being arrested for any of the following, on the other hand, would not satisfy the requirements of probable cause:
arrest based on age or race
arrest due to personal bias or dislike of a police officer
arrest due to high crime rates in the area
Hire a Lawyer to Defend Against Wrongful Accusations
Criminal accusations should not be tackled alone. And, when it comes to defending against false accusations, your best strategy is to hire an experienced criminal defense attorney who knows how to aggressively prove your innocence and protect your rights.
The Los Angeles Manshoory Law Group, APC will work to keep you involved in the legal proceedings and strive to find the best possible solution to your case. Attorneys are available 24/7. Contact us to schedule a consultation.
Watch any show on television about the criminal process, and it will quickly become apparent that the focus of any investigation and subsequent trial is the collection of evidence. In order to convict a person of a crime, the prosecution must produce evidence that demonstrates the accused committed the alleged act.
Evidence can take many forms, from a DNA test to a shoeprint to eyewitness testimony, but one thing that does not change is the State’s obligation to turn over its evidence to the defendant, so an adequate defense may be mounted. All criminal defendants have the right to know about the evidence that will be used against them, and the defense has a reciprocal obligation to provide the prosecution with its evidence as well.
This procedure is a central component of the discovery process and is a key element of the American legal system. One of the underlying purposes of this process is to ensure the criminal case is fair, and particularly, that a criminal defendant receives exculpatory evidence, i.e.evidence that proves one’s innocence. In fact, California prosecutors are bound by ethics rules that directly govern how they handle evidence.
A discussion of types of information the defense often receives during discovery, and the prosecutor’s specific duties regarding the disclosure of evidence will follow below.
What is the Criminal Discovery Process?
Generally, the discovery process is the gathering of information that a party will use to present their case at trial. There are two phases to this process – an informal and a formal phase, each of which occurs at different times during a criminal investigation and prosecution. Informal discovery occurs before charges are filed, and consists of the defense independently collecting information from the following sources:
witness interviews;
documents from government agencies, police, doctor, or other relevant entities; and
photos from the crime scene.
Once charges are filed and criminal prosecution initiated, the formal discovery process is triggered and entitles the defense to disclosures from the prosecution.
Examples of the types of information the defense receives include:
witness names, reports, and statements;
physical evidence, i.e., not what a witness or other person said, such as lab reports, audio/video recordings, and crime scene photos;
exculpatory evidence or information favorable to the defense;
felony convictions for potential witnesses that could be used to impeach (discredit) them at trial; and
relevant recorded or written statements.
California follows an open-file discovery model that obligates the State to give criminal defendants access to the prosecutor’s entire file, as well as a continuing duty to disclose new relevant evidence as it is discovered.
These rules are designed to make the process fair, but in practice, prosecutors are not always forthcoming, and a dedicated criminal defense attorney is essential in these situations to force the State to comply with the rules.
What Evidence Does the Prosecutor Have to Share With the Defense?
The failure to always turnover relevant evidence is illustrated in the special ethics rules issued to govern how prosecutors must conduct criminal cases, particularly when a prosecutor must provide evidence to the defense.
The rules specifically state prosecutors must:
timely disclose evidence the prosecutor knew or should have known would negate the defendant’s guilt, mitigate the sentence, or mitigate the offense;
promptly disclose new, credible, and material evidence that indicates the defendant did not commit the offense of which he/she was convicted to the court; additionally, the evidence must be provided to the defendant and an investigation initiated into the possibility of a wrongful conviction; and
seek to remedy a conviction the prosecutor has clear and convincing evidence a convicted defendant did not commit.
How Does the Discovery Process Help the Criminal Justice System?
Putting together a strong defense hinges on conducting discovery in an effective manner, and only experience will create this level of knowledge. Los Angeles’ Manshoory Law Group, APC knows how to assess and build a strong case that fights to fully protects your rights. Attorneys are available 24/7 to take your call. Contact us for a consultation.
Criminal charges, regardless of the circumstances, always bring negative attention to a person and puts them in an unflattering light among family and friends. However, certain allegations, particularly those that involve violence or forcing another person to engage in dangerous behavior, produce very strong and undesirable stigmas that often last, even if the charges are dropped or the individual acquitted.
A lot of focus among politicians and the public has emerged recently over the notion of violent versus non-violent crimes, as California seeks to reform its criminal justice system by reclassifying certain offenses from felonies to misdemeanors and allowing for the possibility of early release for others. Human trafficking is one offense that opponents of these measures often cite as an example of the risk the public faces from this approach.
However, criminal cases are rarely cut and dry, and even allegations as serious as human trafficking still have elements the government must prove to support a guilty verdict. A discussion of how the law in California defines human trafficking, and possible defenses to this charge, will follow below.
What Is Human Trafficking?
The crime of human trafficking is generally related to depriving another person of his/her liberty for the purpose of procuring forced labor or services, although it is more commonly associated with forcing a person to engage in acts of a sexual nature or the creation of child pornography.
Depriving another of his/her personal liberty requires substantial and sustained efforts to limit his/her movements and decision-making ability through:
fear or force
fraud or deceit
coercion
violence
duress (includes threatening or taking away an immigrant’s passport)
the threat of physical harm
Further, any forced labor or services, including sexual acts, do not necessarily need to be unpaid to fall under this offense – more accurately, the alleged victim must provide the labor or services because his/her will was overpowered. In addition, enticing or forcing a minor to engage in prostitution, child pornography, obscene live performance, or other specified crimes also trips this offense.
The penalties imposed on those convicted of a human trafficking offense are quite harsh and are always charged as felonies. The possible sentences range from five to twelve years in State prison and/or fines up to $500,000, as well as additional prison terms of up to 10 years if great bodily harm was inflicted on an alleged victim. Further, additional civil fines and penalties, including asset forfeiture, are also possible, depending upon the circumstances of the illegal acts.
What are the Possible Defenses of Human Trafficking Charges?
Given the serious consequences outlined above, having an experienced criminal defense attorney to fight these charges is essential to protecting one’s rights. While mounting a convincing argument against conviction can seem overwhelming, several options are available in human trafficking that may be effective.
First, an essential element of this charge requires the victim to be deprived of his/her liberty, and if that deprivation did not occur, either because the person was free to leave or he/she voluntarily participated in the labor or services, it would justify an acquittal.
Second, force must be involved in a human trafficking offense, and if the accused did not use force or never intended to receive a benefit from the labor or services provided, the State will not be able to prove human trafficking occurred.
Hire a Criminal Defense Attorney
The criminal justice system is stacked against criminal defendants, and if you are facing charges, having an experienced criminal defense attorney is the only effective way to limit the consequences.
The attorneys at the Manshoory Law Group, APC represent clients in the Los Angeles area in a variety of criminal matters and can help you challenge the State’s case. Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Religion has long been associated with accusations of violence and hatred, some of which are legitimate. The law views attack motivated by religious animus very seriously, and if a jury is convinced, can lead to significant consequences.
America is particularly sensitive to religious-based criminal offenses, given the broad freedoms individuals have in this country to practice their chosen belief system. Consequently, if a crime is connected with targeting a specific religion, the act may be labeled as a hate crime, which brings increased penalties.
A recent article in the Desert Sun discussed reports that criminal acts against Jewish communities rose 27 percent in California in 2017. In addition, there are separate offenses specifically related to acts against religious groups or their property. A discussion of how religion plays into the prosecution of criminal charges will follow below.
What is Hate Crime?
Hate crimes are not necessarily offenses in and of themselves. Instead, in many cases they serve to enhance the sentence a person may face if convicted of a crime, such as assault or harassment, where the commission of the crime is wholly or partially motivated by a perception that the victim has one of the following characteristics:
Disability;
Gender;
Nationality;
Race/ethnicity;
Religion; or
Sexual orientation.
Note that the addition of a hate crime classification to a criminal prosecution is possible even if the alleged victim did not possess the perceived characteristic.
To apply this additional punishment, a prosecutor would need to prove:
the defendant was biased against the alleged victim because of a perceived characteristic; and
that bias substantially motivated the commission of the crime; i.e., more than one motivation is permissible, as long as the primary mover was biased.
Usually, there is an underlying crime for which a person is convicted, with the hate crime enhancement only serving to subject him/her to a longer sentence.
However, a standalone hate crime offense also exists that prohibits:
interfering with the exercise of a person’s rights through intimidation, willful injury, or threats; or
knowingly damaging or destroying a person’s property to interfere with their rights.
Note that if convicted of the standalone offense, prosecutors cannot then apply sentencing enhancements, which can add two to four years to a prison term, as an additional measure of punishment.
Defending against hate crime charges usually takes one of three principal approaches:
attacking guilt of the underlying crime;
presenting evidence the crime was not motivated by bias; or
asserting that the act was protected free speech. Speech without an additional physical activity is commonly treated as protected speech, unless a defendant makes a threat against an individual with a recognized characteristic, and has the ability to carry it out.
What is an Offence Against Religion?
In addition to a hate crime related to character biases, California has several other laws that prohibit behavior that specifically targets religious groups, such as disturbing a religious meeting and vandalism of a religious site.
With the first offense, the tension between freedom of speech and the free exercise of religion is on display, with limits placed on permitted speech to protect religious worship.
To be found guilty of disturbing a religious meeting, a misdemeanor punishable by jail time and high fines, the prosecutor must show:
a disturbance which occurred at a place of worship during an assemblage;
the disturbance was accomplished through profanity, rude or indecent behavior, or unnecessary noise; and
the disturbance was intentional.
Vandalism of a religious site involves damaging, defacing, or destroying a place of worship, and while generally handled as a misdemeanor, it can be classified as a hate crime and elevated to a felony.
Hire a Criminal Defense Attorney
Being stigmatized as the perpetrator of a hate crime is a label that has significant consequences beyond the courtroom or penal system. Let Manshoory Law Group, APC fight to avoid this situation by allowing them to represent you in your criminal case.
Their dedicated and experienced approach can produce the best results, so you can move on with your life. Attorneys are available 24/7 to take your call.Contact the Los Angeles law firm for a free consultation.
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