Jul 24, 2017
A person does not have to search too hard to find examples of individuals spending years in prison because of a false identification or coerced confession. This harsh reality underscores the need to hire an experienced criminal defense attorney at the outset of any criminal investigation or case so important details are not missed and potentially exonerating evidence lost. The State of California and the city of Los Angeles recently paid a man a combined $18.4 million for the 34 years he spent in prison for murder because the prosecution failed to turn over evidence that could have exonerated him. In many of these wrongful conviction cases, DNA evidence, a form of forensic evidence, is used to prove their innocence. Forensic evidence is also frequently used by the prosecution in criminal trials to connect the defendant to the alleged offense, and can range from fingerprint identification to bullet fragment analysis. Many people, judges included, assume this type of evidence is always accurate because it is presented as solidly scientific, but the validity of forensic evidence has come under attack in recent years. Consequently, if police tell a suspect they have forensic evidence against him/her, the person should not automatically give up and assume a conviction is a foregone conclusion. Challenging the validity of forensic evidence in criminal trials will be explored below.
DNA
DNA is often hailed as the benchmark of forensic science, and in fact, it is the most reliable type of forensic evidence in use. However, even this type of forensic evidence is not always accurate because it is easy to mishandle the sample and skew the results. There are generally two phases in a criminal investigation during which the failure to follow the proper procedure could threaten the accuracy of DNA results – collection and testing. DNA analysis is a delicate procedure, and the material used to test for DNA must be protected from exposure to contamination from other people at the point of collection and at the lab, though contamination can happen at other points as well. Further, samples can be switched or mixed with others, which also invalidates the results. Protocols are in place that regulate how DNA samples used in criminal cases must be handled, and violations of these rules can lead to the exclusion of DNA results as evidence if the lab’s findings would be too unreliable.
Fingerprints
Fingerprints were one of the first techniques developed by law enforcement to help identify suspects, but studies have shown that identifications of unknown prints are highly prone to error. Additionally, fingerprint collection has similar dangers of mishandling during collection or cataloguing as DNA evidence. Specifically, errors can occur in the collection process if the prints are lifted improperly, leading to contamination with other prints by law enforcement. Further, problems can arise during the identification process due to lax protocols or poorly-trained examiners. An experienced criminal defense attorney will be able to identify these issues, and effectively use them to defend the innocence of his/her client.
Ballistics/Gunshot Residue
Finally, if an alleged crime involves the use of a gun, an expert is likely to appear at trial to testify about the link of bullets found at the crime scene with a particular gun and the presence of gunshot residue. Having residue on one’s clothes does not mean the accused was the shooter. Further, the association of bullets to a specific gun, through marks imprinted on a bullet as it leaves the firing chamber, is also subject to false positives, and does not definitively establish who fired it. The defense can use its own independent lab to test this evidence to ensure the mere presence of a gun does not lead to a conviction if science cannot back it up.
Hire a Criminal Defense Attorney
Being charged with a crime is an overwhelming situation, but if you hire the right criminal defense attorney, the criminal justice system can suddenly seem much less daunting. Los Angeles’ Manshoory Law Group, APC handles all criminal charges with the utmost seriousness and close attention to detail to help clients get the best possible outcome. Attorneys are available 24/7 to take your call. Contact us now for a free consultation.
Jul 15, 2017
Can You Get a DUI in a Self Driving Car?
As technology changes and advances the way people interact in the world, questions that seem rather straightforward now may not be so clear in twenty years. Take the intersection between self-driving cars and DUI cases. Almost since the invention of the car in 1886, the world has viewed this mode of transportation as a source of freedom and excitement.
The automobile truly changed how often and how far a person could range beyond the few miles surrounding the place of his/her birth. This technology is firmly and intimately connected with almost everything a person does and is now facing the next evolution of its existence with the self-driving car. The purported goals of these cars are to reduce traffic, eliminate accidents, and lessen the likelihood that a person will experience road rage, but like all new technology, there are bound to be bumps along the way.
The self-driving market experienced a big bump a few weeks ago when a driver was killed in an accident while his Tesla Model S vehicle was in autopilot mode. The car company noted that the driver is supposed to keep their hands on the steering wheel at all times and only use the autopilot as an assist.
However, other self-driving car manufacturers are constructing vehicles that are entirely hands-free. Does this mean at some point it will no longer be possible to be arrested for DUI? A discussion of this possibility will follow below.
Who is Actually Driving the Self-Driving Car?
One of the first questions that need to be answered in this scenario is who is actually driving the car? Is it the driver, or the software system? As noted above, Tesla stated that the driver is still ultimately responsible for the movements of the vehicle, but other self-driving vehicles, like the one currently being tested by Google, are designed to be completely hands-free but still include a steering wheel and brake pedals.
The inclusion of these critical mechanisms of control suggests that the human is always the ultimate decider, which makes it more likely that anyone riding in the driver’s seat of a self-driving car would still be held in violation of the law if he/she is intoxicated.
What are California DUI Requirements for Self-Driving Cars?
In order to convict a person for DUI, the state must prove the defendant was intoxicated and driving the car at the time of the police stop. The legal standard the state must show to establish the defendant was the one driving the vehicle is higher in California than in other states.
While California law does not include a definition of the word “driving,” it does define the word “driver” to mean “a person who drives or is in actual physical control of a vehicle.” The courts have also clarified this definition to mean that driving requires any deliberate movement of a vehicle, no matter how slight.
Thus, in the context of a self-driving vehicle, any act by the person alleged to be intoxicated that caused the car to move, even if it was just to activate the software that directs the car to go from point a to point b, will likely be enough to, at a minimum, hold and arrest the person for DUI.
Have You Been Charged with a DUI in Los Angeles?
If you were arrested and/or are facing charges for a DUI, enlisting the legal services of a DUI defense lawyer could mean the difference between having the charges dismissed or a reduced sentence and receiving the maximum available penalty.
The criminal defense attorneys at the Los Angeles law firm of Manshoory Law Group, APC will fight to limit the charges against you and help you get your license back. Call our office for a free consultation.
Jun 26, 2017
What To Do When Encountering Questions from Law Enforcement?
The stated purpose of establishing a police department is to investigate, solve and deter the commission of a crime. While the reality may not always match the ideal, a big part of police work is questioning victims, witnesses, and suspects of crime. Talking to the police is not an experience most people enjoy, and if the conversation is related to involvement in the commission of a crime, saying anything is ill-advised.
Anytime a person is associated with criminal activity, a criminal defense attorney should be consulted to ensure the law is followed and rights are not violated. Even being questioned as a source of information can be an overwhelming experience, and would still make most people cautious about offering information.
Understanding one’s obligation to participate in police questioning is important for exercising one’s legal rights, and avoiding false implications in a crime, especially if police are looking to elicit specific information. It is no secret that police have coerced and pressured individuals for the information they want, which can be difficult to withstand, and even children have been subject to this type of unfair treatment.
Lawmakers are attempting to fix this situation for children through the consideration of a bill that would require minors to be permitted to consult with an attorney before waiving any constitutional rights.
Knowing when and how to respond to police questions is an issue relevant to everyone, and a discussion on how to best handle this situation will be explored below.
What Are Your Rights When the Police Questioning You?
First, no one is legally required to participate in police questioning, and police cannot hold a person for questioning if no arrest is made. Further, police are required to inform the individual that staying for questioning is voluntary and he/she is free to leave at any point.
However, if no arrest is anticipated, police are not required to read a person his/her Miranda Rights, which are rights extended to all criminal suspects under the U.S. Constitution. The risk of not remaining cognizant of these rights during any interaction with police is a self-incriminating statement that could be made that arouses police suspicion.
These rights include:
- the right to remain silent;
- the right to refrain from making self-incriminating statements; and
- the right to the appointment and/or presence of an attorney.
A person always has the ability to say no to questioning, whether a suspect or not, though police are likely to continue until one of the rights listed above is specifically invoked.
When Must You Answer a Police Officer’s Question?
Generally, a person is always required to identify him/herself if asked, and to provide requested documents during a traffic stop. Further, while questions do not have to be answered, commands or orders typically have to be followed.
Can You Refuse to Answer Police Questions?
If the police make a request for voluntary questioning at the police station, it is not advisable to participate in this conversation without first obtaining legal counsel. Thus, instead of proceeding directly to the station, an appointment should be made so there is at least an opportunity to consult an attorney, but having an attorney present during any questioning is the better option.
Not only can an attorney protect one’s rights, he/she can also assess the nature of the questioning and whether a person has reason to worry about forthcoming criminal charges.
Our Los Angeles Attorneys Can Help You
Being questioned by police in any context can be overwhelming, but having an experienced criminal defense attorney by your side greatly reduces the likelihood the interaction will support criminal charges being brought against you.
The Los Angeles law firm Manshoory Law Group, APC educates their clients about to combat the charges against them, and continuously fights to get the best possible result. Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Jun 19, 2017
Controlling one’s emotions is one of the hardest aspects of being human, especially the strong emotions of anger and jealousy. At some point, almost everyone loses their temper and says or does something they later regret. Most of the time these momentary lapses in judgment do have serious consequences, but sometimes, criminal charges may result.
Anytime criminal charges are possible, a criminal defense attorney should be the first point of contact to address this serious situation. Not every threat will subject a person to potential criminal prosecution, but it is important to understand where the lines are legally drawn.
This offense, known as a criminal threat under California penal law, may appear to be easily understood and thus avoided, but the California Supreme Court recently issued a decision about the applicability of criminal threat charges to nonverbal behavior, which shows that even seemingly simple crimes have nuances that control when someone may be found guilty.
A discussion on what a criminal threat is, the impact of the Supreme Court’s recent decision, and some defenses available to combat this charge will follow below.
What is a Criminal Threat?
The U.S. Constitution grants all citizens the right to free speech, so the government cannot arbitrarily restrict what someone is allowed to say. However, some limitations are permitted if the speech involves statements that can lead to harm to another.
In the case of criminal threats, California law says it is a crime to:
- intentionally threaten to kill or seriously harm another person, in which:
- the statement, which can be communicated verbally, in writing, or electronically, was meant to be understood as a threat;
- the statement was so “unequivocal, unconditional, immediate and specific,” it suggested the immediate ability to carry it out; and
- the person threatened reasonably feared for his/her safety or the safety of his/her family.
All of these factors, or elements in legal terms, must be proven by the prosecution in order to convict a person of this offense.
Supreme Court Decision
Looking at the elements, the method of communication required to qualify as a criminal threat seems clear – spoken, written, or electronic. However, prosecutors recently decided to charge a man with this offense solely based on hand gestures.
Specifically, the man charged was supposed to have made the hand sign of a particular gang, followed by the shape of a gun, which was then pointed at an off-duty police officer and his friends. The court said the law, based on the plain language of the statute, does not include nonverbal hand gestures under its prohibitions. As a result, the court dismissed the five charges of criminal threat filed against the defendant.
How to Beat a Criminal Threats Charge?
As noted above, the prosecution must prove the above elements before a defendant can be found guilty of making a criminal threat. One way to prevent that from happening is to argue that one or more of the factors are not present in the case.
These arguments are legal defenses to this charge, and some examples include:
- there was no immediate threat because the statement was too vague as to when the threat would be carried out;
- the alleged victim was not afraid because it was taken as a joke, or the person did not believe it could be carried out;
- the victim’s fear was unreasonable; or
- the victim’s fear was momentary, and it did not cause prolonged concern.
Presenting legal defenses is a critical aspect of any criminal defense case, and is one of the primary reasons someone facing criminal charges needs to seek an experienced criminal defense attorney.
Hire a Criminal Defense Attorney
No matter the charge, you need a criminal defense attorney committed to defending your rights and getting the best possible result. A criminal justice system is a complex place that calls for an experienced attorney to advocate for your interests.
Los Angeles’ Manshoory Law Group, APC knows what it takes to build a strong defense, and has attorneys available 24/7 to take your call. Contact us for a free consultation.
May 15, 2017
What are the Recreational Marijuana Laws in California?
Drug laws are changing at home and around the country. California recently joined the ranks of states that have decriminalized the recreational use of marijuana, as voters passed a measure making this change last year. The growing shift away from the perception of marijuana as a dangerous drug began with the legalization of the drug in California for medicinal uses in 1996, the first state in the country to do so.
While states may be willing to declassify marijuana as an illegal substance, the federal government has not, and as more states relax laws on the use, possession, and production of marijuana, the new White House administration has responded by stating that they plan to start cracking down on marijuana growers.
California currently regulates and licenses marijuana growers as part of its medicinal program, and is in process of expanding this system to growers of marijuana for recreational use. The licensing scheme is intended to keep the marijuana supply safe and untainted. With worries the federal government plans to target these individuals as part of its drug enforcement policy, state lawmakers have proposed a bill that would block state law enforcement from cooperating with federal agents in investigations of cannabis growers.
Given that anyone could be arrested, charged, and convicted under federal law for marijuana-related activity, understanding when these California cannabis laws apply is important as the general use of this drug expands throughout the state.
Federal Marijuana Drug Offenses
Marijuana is regulated by the federal government under the Controlled Substances Act, which classifies it as a Schedule I substance. This means marijuana is considered highly addictive and without medical value. As a result, the possession, distribution, and cultivation of the drug are illegal, though federal agents generally only target individuals dealing in large quantities.
However, there is no minimum amount a person must possess to trip the law, so even the smallest amount could expose someone convicted of a misdemeanor offense that can bring up to a year in jail and $1,000 in fines for the first offense. Subsequent convictions for possession come with mandatory jail time that can be extended to multiple-year sentences in state prison.
Thus, charges for simple possession must be taken seriously, and require the services of an experienced criminal defense attorney. In addition, punishment for distribution is especially severe under federal law. In cases involving the sale of less than 50 kilograms, which constitutes the vast majority of prosecutions, defendants could receive prison sentences of up to five years and a $250,000 fine.
Sales to minors or within 1,000 feet of a school, public housing, or playground automatically double the applicable sentence.
Proposed Bill to Prevent Law Enforcement Cooperation
Lawmakers have a bill pending in the state assembly that would prohibit state and local agencies from using resources, funds, or personnel to assist federal agencies with investigating, detaining, reporting, or arresting anyone related to any marijuana activity. The only exception to this prohibition is if there is a court order requesting assistance, but given the time and expense it would take to get official authorization, these exceptions would occur rarely.
In addition, the bill would prohibit state officials from responding to federal requests for personal information on individuals with state-issued licenses. Lawmakers see this measure as a way to support voter wishes and conserve state funds in anticipation of the federal government withdrawing monetary support from places that do not support its policies.
Hire a Criminal Defense Attorney
No criminal charge should be taken lightly, but drug offenses are routinely subject to harsh penalties that require a more vigorous effort in response. The Los Angeles law firm Manshoory Law Group, APC understands the seriousness of a drug charge and will fight to get you the best possible result.
Attorneys are available 24/7 to take your call. Contact the office for a free consultation.
