Jan 15, 2018
For juveniles who have been in trouble with the law, the new laws in 2018 will be of help. Several new laws went into effect on January 1, 2018 that will benefit minors who committed crimes while they were teens.
Under a new law—Assembly Bill 529—a person under 18 who commits a crime is a ward of the juvenile court. Once a juvenile completes a diversion program, records will be sealed for dismissed juvenile court petitions. This pertains to all petitions in the custody of the juvenile court, probation department, law enforcement agencies, and the Department of Justice. In addition, a judge will have the authority to seal juvenile records once the sentence has been completed—even when the juvenile committed serious or violent offenses.
Successful completion of a diversion program is defined as the fulfillment of an informal supervision program or probation. During the time the juvenile is in the diversion program, he or she cannot be convicted for a morally offensive misdemeanor or felony.
Gov. Jerry Brown approved the law in October 2017. The bill, which amends Section 786 of the Welfare and Institutions Code, has additional changes. Once a charge has been dismissed, the counties would be required to seal the juvenile records. Once the record has been sealed by the court, the prosecutor has up to six months to petition the court to access the sealed record based on new circumstances. First, though, the court must determine whether the prosecutor has provided sufficient justification to access the sealed record and therefore refile the dismissed petition.
The new law also requires appropriate notification. The probation department is required to notify the juvenile in writing that the records have been sealed. If the records were not able to be sealed for any reason, the juvenile must also be notified in writing as to the reasons why. Under the law, the juvenile will be allowed to petition the court to review the decision.
Probation departments will have limited access to sealed records under these provisions. The law imposes new duties on probation departments in regards to sealing juvenile records, which makes it a state-mandated program.
What Does Record Sealing Do?
The process varies from state to state, but record sealing may involve an actual sealing of criminal records, while some jurisdictions destroy the records. Once the records are sealed, they are no longer made available to the public. In addition, the person who committed the crime has the legal right to deny that the arrest never occurred.
This is helpful for those who committed a crime during their teen years and want to move on with their life. By having their records sealed, they do not have to disclose their crime on job applications and rental applications.
Contact a Criminal Defense Attorney Today
This law is great news for juveniles who made mistakes when they were younger and have since rectified the situation. There’s no reason why a person should have to live with their mistakes for the rest of their life.
If you’re interested in sealing your criminal records, seek legal help. The criminal defense lawyers at Manshoory Law Group, APC can protect your future. To schedule a free case review, contact the team at Manshoory Law Group, APC today at (877) 977-7750.
Jan 4, 2018
What Is Swatting?
The purpose of law enforcement is to keep the peace and enforce the rule of law. To perform this role, police rely on information submitted by the public, alleged victims of crime, and witnesses, as well as statements from accused offenders about potentially illegal acts. Police do not always accurately interpret or act on the information provided to them, which is why the services of a criminal defense attorney are needed if someone is under investigation or accused of a crime.
One new type of behavior that could bring criminal consequences at the state and federal level is an act called “swatting,” a new version of prank calling. This involves making a false report to the police about a violent crime in progress, hoping the local SWAT team will be sent to handle it, and bust down the proverbial and literal doors.
When the police show up at a purported crime scene, especially one where violent acts are supposedly taking place, they may not use the proper and reasonable amount of caution needed to assess whether a true emergency exists. This can lead to innocent parties being hurt or killed, which recently occurred when a California man allegedly initiated a swatting call to police in Wichita that led to the death of a 28-year-old man.
While the caller, in these cases, does not directly cause the death, federal and state authorities are still looking for ways to pin these individuals with criminal responsibility. A discussion of how state and federal prosecutors are seeking to approach charging a person with a criminal offense in these situations will follow below.
Legal Consequences of Swatting Crime
Federal statutes do not include an offense related to swatting, and situations involving murder are typically handled at the state level, but there are two federal crimes a person involved in swatting would most likely face: obstruction of justice and murder-for-hire.
The obstruction of justice occurs when law enforcement attention and resources are diverted away from legitimate policy matters, and is meant to be applied broadly so that the focus is on the effects of an act and not the act itself. Murder-for-hire involves using facilities of interstate commerce (phone, text, email, mail, etc.) to facilitate the death of another person.
Note that there must be an intent to kill, which would not necessarily be present in swatting cases. Typically, these calls are intended to embarrass or scare an individual, not kill him/her.
California does have a law related to swatting and penalizing individuals convicted of reporting false emergencies to law enforcement with the financial responsibility to cover the costs of the police response up to $10,000.
Specifically, it is a crime in California to send law enforcement false information identifying a third party in the commission of a crime with the intent of triggering a police response. However, as noted above, these cases rarely involve a death, so in order to appear to take such an act seriously, state prosecutors could attempt to charge a caller with second-degree murder.
Second-degree murder does not require the premeditation and intention that first degree does, and all murders that are willful but not deliberate or premeditated are considered to be second-degree offenses in California.
The potential prison sentence is 15 years to life. Given the dire consequences of such a charge, working with an experienced criminal defense attorney to challenge the state is essential to controlling the outcome.
Legal Support for Swatting Defense
The criminal justice system is a complicated process that should not be approached without the guidance of an experienced criminal defense attorney to protect your rights. The Los Angeles law firm Manshoory Law Group, APC handles a wide variety of criminal offenses, from misdemeanors to serious felonies, and knows how to build a defense to obtain the best possible results.
Attorneys are available 24/7 to take your call. Contact us for a consultation.
Dec 7, 2017
While children may want to grow up and presume they know what it means to be an adult, society understands they need additional protection due to their immature stage of cognitive development. This includes the recognition that children may not understand the consequences of their actions, and thus should not be held to the same level of responsibility or subject to the same punishments as adults.
Under Proposition 57, all child crimes which go to court will start in juvenile court. Only if the judge believes the crime is that of a higher threshold will it be transferred to the adult criminal system. However, State Bill 1391 says minors aged 14 and 15 cannot be tried as an adult. Due to this law, children aged 14 or 15 who were sent to the adult system have been consistently sent back to the juvenile court. The position of each of these laws puts minors that are 14 or 15 at odds and there are some questions about if they can be tried as adults when they have committed heinous crimes.
This confusion over how to try 14 and 15-year-olds has led the state to wait on the judgment of the California Supreme Court. There are five cases where juveniles were sent by judges to the adult system and the supreme court will examine them in 2020 to make a determination on how to proceed. Four of these cases had appellate courts rule that there is no violation between SB 1391 and Prop 57.
However, though stakes may seem smaller, an experienced criminal defense attorney should still be contacted if potential legal issues arise, especially if criminal charges are pending. The vast majority of criminal offenses committed by juveniles are handled in the juvenile justice system, which seeks to rehabilitate young offenders instead of the retribution extracted in the adult criminal justice system. However, for serious offenses, a minor can be and sometimes is required to be, tried in the adult system.
A teenager recently arrested in Riverside claims to have molested up to 50 children over the past eight years, starting at age 10. Certainly, this case represents an extreme example of a young offender potentially facing serious consequences, but still raises the question of when a court would consider transferring a minor to the adult system. A discussion of the analysis used to make this decision follows below.
What is the Juvenile Justice System in California?
The main difference between the juvenile and adult legal systems lies in the outcomes each aims to achieve. The juvenile system is focused on education and rehabilitation, whereas the adult system is focused on punishing offenders for crimes. Because the outcomes are so different, the processes are not the same.
First, minors in the juvenile system are not entitled to a jury trial, unlike in adult court. The juvenile court judge or commission decides guilt or innocence, but, just as in the adult system, the prosecutor is required to prove guilt beyond a reasonable doubt.
Further, there is no bail in juvenile court, so retaining an experienced criminal defense attorney is crucial to obtaining the minor’s release. When it comes to sentencing, the most crucial aspect of any criminal case, the potential options are different for minors.
In cases with less serious crimes, probation may be imposed, and the typical conditions include:
- regular school attendance;
- following a curfew;
- working with a counselor;
- performing community service; or
- paying restitution to a victim.
More serious offenses could result in a sentence of time in a probation camp, foster or group homes, the California Division of Juvenile Justice (prison for minors), or juvenile hall. Importantly, once a minor turns 18, and assuming the juvenile case is closed, it is possible to petition for the records to be sealed or destroyed, which is crucial to moving into adulthood with a clean slate.
When Minors Can Be Tried as an Adult?
The law does not want to hold minors to the same standard as adults, and specifically prohibits prosecuting any minor under the age of 14 as an adult.
However, for those that fall within the window of 14 to 17, it is possible to be prosecuted as an adult in the following circumstances:
- the prosecutor exercises his/her discretion to directly file criminal charges in the adult court;
- the prosecutor petitions the juvenile court for a fitness hearing, and if found unfit for juvenile rehabilitation, the minor may be transferred to the adult system; or
- the minor is alleged to have committed an offense that automatically requires adult prosecution.
Fitness Hearing to Transfer Juvenile Cases to Adult Court
Once a minor reaches the age of 14, a prosecutor has the option, in certain circumstances, of petitioning the juvenile court for a fitness hearing to determine if the minor would benefit from the rehabilitation offered by the juvenile justice system.
Specifically, this legal option is available to a prosecutor if:
- the minor is 16 or older and accused of any crime;
- the minor is 16 or older and is alleged to have committed a felony previously used to make him/her a ward of the court, and was found to have committed two or more felonies since the age of 14. A presumption of unfitness arises in these cases that must be rebutted to avoid transfer to the adult system; or
- the minor is 14 or older and accused of certain violent offenses, such as murder, rape, kidnapping, or robbery, that specifically applies a presumption of unfitness for the juvenile process.
When courts assess whether to find a minor fit or unfit, the judge examines five criteria:
- the degree of criminal sophistication exhibited by the minor;
- whether the minor can be rehabilitated in the juvenile system before the juvenile court’s jurisdiction expires (age 25);
- the minor’s previous history in the juvenile system;
- the success of any earlier attempts to rehabilitate the minor; and
- the circumstances and seriousness of the alleged crime against the minor.
The court is also permitted to consider mitigating or extenuating factors, like the minor’s mental state at the time of the alleged offense, when evaluating fitness. Basically, the minor needs to show that he/she and society would be better served by rehabilitation in the juvenile system versus punishment in the adult system.
What Crimes Can Qualify for Prosecution as an Adult in California?
Any of the following crimes could lead to a minor being charged as an adult if it has been determined that the minor is ineligible for juvenile court and rehabilitation programs:
- Murder and attempted murder.
- Arson is occupied by people or where a person sustains great harm.
- Robbery
- Aggressive and forceful rape.
- Aggressive and forceful sodomy.
- Aggressive and forceful lewd act on a young child under the age of 14.
- Aggressive and forceful oral copulation.
- Forcing sexual penetration on another person.
- Kidnapping for ransom, to commit a sexual assault, a robbery, or in association with hurting another person.
- Assault with a weapon or firearm.
- Forceful and aggressive assault that could substantially harm another party.
- Shooting a gun into a building that has people inside.
- Assaulting a person that is over 60 years of age or disabled.
- Using a gun while committing a violent crime.
- Bribing a witness or intimating a witness.
- Making, manufacturing, or selling specific controlled substances
- Violent gang activity.
- Escaping a juvenile facility with force and violence.
- Torture
- Carjacking
- Aggravated mayhem
- Drive-by shooting
- Willful manslaughter
- Making an exploding device to kill others.
The following crimes will automatically result in a child that is at least 14 years of age to be tried as an adult:
- If a prosecutor claims the minor was the person who murdered a victim.
- When the prosecutor says that various types of violent sex offenses were committed by the minor personally.
Being tried in the adult criminal justice system means a minor is vulnerable to increased penalties and much harsher punishments. In the adult system, a minor is going to be tried the same way that other adults are and be handed the same types of sentences, including life in prison.
The only fate that a minor will not be subject to is death.
What Are The Difference Between Being Tried In The Juvenile System Versus The Adult System?
The major difference is the severity of punitive actions. In the adult system, juveniles will have much tougher punishments and outcomes versus those in the juvenile system. When children are tried in the adult system and sentenced to jail, they are transferred into the adult prison system. Studies and statistics show that when a young person is sent to serve their time in the adult system they are more vulnerable to becoming career criminals. This is in large part because they are not being exposed to reform programs offered in the juvenile system.
California’s history of dealing with criminal children was to not allow any youngster under the age of 16 to be tried as an adult. That changed in 1994. Young people aged 14 are now subject to be charged with major felonies including murder or rape. But when SB 1391 was passed, the goal was to increase the minimum age for juveniles back to 16 in order to be tried as adults.
Opposition to SB 1391 says that particularly outrageous crimes committed by youngsters will not be treated with the severity that they require. This means that victims of crimes committed by young people won’t see their full legal justice for the damages and suffering they had to endure.
Speak with a Los Angeles Criminal Defense Attorney Today
Criminal proceedings as a minor may seem relatively benign compared with the adult system, but they can have long-term consequences that should not be taken lightly. An experienced criminal defense attorney can provide the counsel and representation needed to protect your child’s rights and fight for disposition in the juvenile justice system, where children belong.
Manshoory Law Group, APC represents clients in juvenile cases and will work to get the best possible outcome. Attorneys are available 24/7 to take your call. Contact the Los Angeles law firm for a free consultation.
Nov 21, 2017
The Consequences for Impersonating Someone Else
Everyone finds themselves in an uncomfortable situation at some point, and in order to avoid embarrassment or punishment, may at least ponder pretending to be someone else. While it may seem harmless to impersonate another person, the law does not always look so kindly on this type of behavior. In fact, depending upon the circumstances of the impersonation, criminal charges may be filed for pretending to be anyone, not just a public figure or member of law enforcement.
A criminal defense attorney should be the first phone call a person makes as soon as there is a possibility of criminal charges to protect his/her rights, and to immediately begin to mitigate the fallout of any investigation. Impersonating public officials, especially police officers, is not taken lightly and can lead to criminal charges, even if no harm is caused.
Police are currently looking for a man who allegedly posed as law enforcement so he could pull a woman over on a highway in a southeast L.A. County suburb, and use the opportunity to sexually assault her. A discussion of the crimes related to impersonating a police officer, as well as for impersonating someone else in a private or public capacity, will follow below.
Impersonating a Police Officer
To be criminally liable for impersonating an officer, causing harm to another or deriving some benefit is not required. Instead, a person can be found guilty of this offense if he/she:
- willfully wears or presents law enforcement insignia, uniforms, emblems, labels and the like;
- for the purpose of fraudulently inducing another to believe he/she is a police officer or fraudulently intending to impersonate a police officer.
Note that wearing a police uniform as part of a Halloween costume or for a part in a play would not constitute a crime since the intent is not to fraudulently convince another person he/she was a police officer. This is a misdemeanor offense, and the potential sentences are probation, six months in county jail, and/or a $1,000 fine.
However, if a badge was used to induce the false perception, either real or fake, the sentences can increase to one year in county jail, and a $2,000 fine. Further, selling or transferring uniforms or badges that purport to identify the wearer as law enforcement is also illegal and brings potential jail time and substantial fines up to $15,000.
Impersonating Another Person
In addition to impersonating a police officer, it is also a crime to impersonate another person if harm is caused. False impersonation occurs when someone represents him/herself as another person to deceive others. However, the key element of this offense in most cases is whether an additional act was performed, beyond the deceitful misrepresentation, that:
- creates a legal or financial liability for the person being impersonated; or
- benefits the impersonator.
False impersonation is a wobbler offense in California, and a prosecutor’s decision as to whether the charge will be a misdemeanor or felony rests on the circumstances of the case, and the accused’s criminal history. As a misdemeanor offense, a conviction brings the potential for summary probation, one year in county jail and $10,000 in fines, while a felony conviction brings up to three years in jail, $10,000 in fines and/or formal probation. Further, anyone convicted of the felony charge of false impersonation is prohibited from owning firearms.
Hire a Criminal Defense Attorney
Incidents that start out as jokes or harmless acts can quickly turn serious if misinterpreted by police. Do not take a chance with the rest of your life. Contact an experienced criminal defense attorney to handle your case. The Los Angeles law firm Manshoory Law Group, APC is dedicated to getting their clients the best possible results and is available to evaluate your situation. Attorneys are available 24/7. Contact us today for a free consultation.
Oct 23, 2017
A criminal conviction is a black mark that can follow a person for the rest of his/her life, especially if the conviction is related to a sex offense. California has a long list of crimes that it designates under this category, and imposes particularly onerous and long-lasting punishments with the thought of making examples of these individuals.
Having an experienced and dedicated criminal defense attorney to argue against charges of this kind is the only realistic way a defendant will escape legal consequences. Making this task a little harder, Governor Brown signed a new law earlier this month that adds another offense to the list of sex crimes a person may face. The law is related to a type of sexual coercion that adults use to intimidate teenagers into complying with sexual demands.
A discussion of this new offense, and methods of defending against sex crime charges generally, will follow below.
Sexual Extortion
Extortion is traditionally associated with using force or the threat of force to wrongfully obtain possession of the property, usually money. Joining four other states in attempting to regulate conduct on the internet, California passed a new law that includes blackmailing someone with the threat of the publication of explicit images to entice the transfer of more explicit images or sexual acts.
This new law is in response to a perceived threat of adults posing as teenagers online in order to acquire explicit images. Note that this new offense is only for adults engaging in this type of activity, and not other minors. This is a felony offense punishable by up to four years in prison and goes into effect in January.
Defenses to Sex Crimes
An experienced criminal defense attorney will know how to assert convincing defenses throughout the criminal process, and not just during the trial. Both before trial and after a conviction, an attorney has opportunities to affect the ultimate outcome, and deciding when and how to fight charges will depend on the circumstances of each case.
In the pretrial phase, a defense attorney can file a motion to have evidence suppressed, which can be fatal to the government’s argument is granted. Further, he/she could also convince the prosecutor the case is too weak to bring to trial or the defendant is innocent, with either situation resulting in a dismissal. Additionally, it may be possible to plea to a lesser charge to avoid jail time or registration as a sex offender.
During the trial, prosecutors are required to prove certain factors before a jury can convict, and a criminal defense attorney can poke holes in the government’s argument, or bring the veracity of key testimony into doubt. If enough uncertainty is introduced into the prosecutor’s claims, the jury could return a not guilty verdict. Finally, if a conviction is an outcome, a defendant can argue for a more lenient sentence based on the existence of mitigating factors.
Some examples include:
- the mistaken belief the conduct was legal;
- no prior or minimal criminal history;
- early acknowledgment of wrongdoing;
- restitution made to the victim; and/or
- prior satisfactory completion of probation or parole.
Hire a Criminal Defense Attorney
A criminal conviction could alter the course of your life, so do not enter into the criminal system without an experienced criminal defense attorney at your side. The Los Angeles Manshoory Law Group, APC knows how overwhelming criminal charges can be and will fight to ensure you receive the best possible result.
Attorneys are available 24/7 to take your call. Contact us for a free consultation.
