Apr 26, 2017
How to Challenging a Police Report?
When a police officer files a report about an alleged criminal incident, it carries a lot of weight with prosecutors, and significantly increases the chances that charges will be filed against the named individuals. If there are any possible criminal charges that will be filed, a person should hire a criminal defense attorney as soon as possible.
The veracity of the allegations in police reports is rarely questioned, which understandably creates the feeling that challenging the police officer’s statement is nearly impossible. However, a recent news story out of central California, about a man arrested on narcotics and weapons charges, demonstrates that police reports can be contested and that California law has a procedure in place to do so.
The existence of such a procedure to challenge police reports reflects the state’s recognition that police are not always right. Given that false police reports can lead to an innocent person going to jail or prison, understanding when and how to challenge one is important information to know. A discussion of several approaches for contesting the contents of a police report will follow below.
Investigation and Cross-Examination at Trial
A police officer’s report is often one of the foundational aspects of the State’s case in criminal prosecution. Thus, exposing the contents as false can completely undermine the prosecutor’s efforts.
Experienced criminal defense attorneys will know that if the possibility exists a police officer filed a false report, a private investigator should be hired to uncover evidence of the report’s false claims. Once confirmation of the report’s false claims is found, this information can be used to convince the prosecutor to drop the case.
In addition, the legitimacy of a police report can be challenged within the trial itself. A standard aspect of most criminal trials involves the investigating or arresting police officer testifying about his/her knowledge of the case.
Skilled criminal defense attorneys will know how to effectively question the officer to elicit testimony that contradicts or conflicts with what is written in the police report. This type of attack will throw a lot of doubt onto the State’s case, and make it unlikely they can prove guilt.
How Can I File a Complaint?
Another way to create uncertainty in the prosecution’s case is to file a complaint against the police officer with the police department. Few accused of a crime would go the trouble to file a complaint if there was no real basis for challenging the officer’s report.
If the department sees enough merit to take the complaint seriously, the complaint can be used as leverage to convince the prosecutor to reduce the charges or drop the case. Alternatively, if the case makes it to trial, claims by the defense that the officer lied in the report are likely to be given more weight by the jury if a complaint was filed as well.
How to Request Petition to See Personnel Records?
In addition, California allows defendants to request access to a police officer’s personnel records, called a Pitchess Motion, to see if other people reported similar misconduct by filing false reports. This information can be used by the defense to show a pattern of providing false information by an officer and to gather a list of potential witnesses to call at trial that can testify about the past misconduct.
Basically, this request is made when there is a belief that the officer’s wrongful actions had a significant impact on the charges filed against a person, and personnel records can provide evidence there is a history of bad behavior. Depending on what the review of the personnel file turns up, this evidence could be used to suppress evidence or dismiss the charges.
Hire a Criminal Defense Attorney to Dispute a Police Report
Criminal charges should never be taken lightly. If you expect to be or have been charged with a crime, you need an experienced criminal defense attorney on your side to challenge the prosecutor’s case.
The Los Angeles law firm Manshoory Law Group, APC works to get the best possible results for all their clients and has attorneys available 24/7 to help you. Contact us for a free consultation.
Apr 24, 2017
Reports of sex crimes are filed with police every day, and each individual accused of such a crime is entitled to representation by a criminal defense attorney. Generally, though, sex between two consenting adults should be a private act that is free from regulation by the government. However, the State feels there is a greater interest involved when one partner fails to disclose to the other that he/she is positive for the human immunodeficiency virus (HIV).
Because infection with HIV brings the possibility of early death, the government believes that withholding this information from a potential partner unfairly exposes them to this serious condition without permission. There is still a significant stigma associated with HIV that goes back to the early days of its discovery in the 1980s, which makes those that suspect or know they carry this virus understandably reluctant to discuss it with others.
Some lawmakers in the state legislature want to remove some of the negativity linked with HIV by reducing several HIV-based criminal offenses from felonies to misdemeanors in hopes of encouraging more people to get tested and seek treatment. In addition to HIV, knowingly exposing a sexual partner to other sexually transmitted diseases (STDs) is also a criminal offense. Understanding how the government treats this issue is important for both past and future sexual encounters.
A discussion of the criminal laws related to exposing others to STDs and HIV, as well as the proposed legislation, will follow below.
Current Law on HIV/STD Exposure
Under California Health and Safety laws, it is a misdemeanor for someone carrying any “contagious, infectious or communicable disease,” which includes commonly-known STDs, to intentionally expose him/herself to the public. HIV, on the other hand, is treated much more harshly.
Knowingly exposing a sexual partner to infection with HIV without their knowledge and with the intent to infect is charged as a felony, and brings potential sentences of three, five, or eight years in State prison. Importantly, knowing one is HIV positive is not enough to convict a person of this offense if the intent to infect another person is not also proven.
Common defenses to this charge are the person did not know they were HIV positive when he/she engaged in the sexual intercourse or that the accused lacked the intent to infect the other person.
Proposed HIV Legislation
The proposed legislation would reduce the offense of intentionally exposing another to infection with HIV to a misdemeanor punishable by no more than six months in county jail. The bill specifically amends the law so that the intentional transmission of an infectious or communicable disease falls under one provision and eliminates the separate felony offense for HIV transmission completely.
In particular, a person would be guilty of this misdemeanor offense if all of the following are true:
- the defendant knows they are infected with a communicable disease;
- the defendant acts with the intent to spread it to another person; and
- the other party is infected with the disease.
Noteworthy is the fact that not knowing about the possible exposure to a communicable disease prior to sexual interaction does not automatically make it involuntary, and an intent to spread the disease does not exist if the defendant took steps to prevent it, i.e., wearing a condom.
Hire a Criminal Defense Attorney
Being charged with a sex-related crime can ruin your life, so aggressively combating these accusations from the beginning is essential. Manshoory Law Group, APC is committed to vigorously defending clients against these charges to mitigate the devastating consequences.
If you are facing a sex crime and live in the Los Angeles area, contact the Manshoory Law Group right away to start taking control of this serious situation. Attorneys are available 24/7, and offer free consultations in all cases.
Mar 20, 2017
The mere possession of a gun is not normally a crime, assuming the owner meets State requirements for registration and observes other regulations. However, the potential for criminal charges does become an issue if another person is accidentally shot and killed.
Anytime criminal charges are a possibility, a criminal defense attorney should be contacted as soon as possible to ensure the gun owner’s rights are protected. While it may seem that if the shooting was unintended, no criminal charges should follow, the reality is not that simple.
California is known for its harsh gun laws, and even if the gun was discharged but no one was injured, criminal charges are still possible. An overview of the criminal charges someone could face for the accidental discharge or death of another by a gun, as well as defenses to these offenses, will follow below.
What Happens if You Accidentally Shoot and Injure Someone?
If someone is unintentionally killed through an accidental shooting, California criminal law says that he/she could be charged and convicted of involuntary manslaughter.
Involuntary manslaughter is applicable to unintentional killings that come about through:
- Committing a felony crime that is not considered inherently dangerous; or
- Committing a lawful act that could result in death if appropriate caution is not used.
The death of an individual following an accidental shooting would most likely fall under the second circumstance noted above. For example, assume a person wants to celebrate the Fourth of July by waving a gun around at a neighborhood barbeque, and honestly believes the gun was unloaded.
If the gun fires and kills someone, a State prosecutor could look to involuntary manslaughter as a possible charge for the accidental death. Involuntary manslaughter is a felony and brings a sentence of two to four years in jail and a fine of up to $10,000.
Given the seriousness of this charge, asserting all possible legal defenses is critical. Some options available to a criminal defense attorney include:
- Self-defense or defense of others;
- The killing was an accident that was not the result of criminal activity or reckless conduct;
- Insufficient evidence exists to prove guilt; or
- The charges are based on false accusations.
California Negligent Discharge of a Firearm Laws and Penalties
Under a different scenario, one in which a gun owner decides to intentionally fire a gun but no one is injured or killed, criminal charges are still possible as the negligent discharge of a firearm. California criminalizes intentionally discharging a gun, including BB guns, in a reckless (negligent) manner that could result in the injury or death of another person.
One issue that could prove difficult for the prosecution is showing the accused was “grossly negligent” in his/her use of the firearm. This element requires the prosecution to show the defendant did something beyond using bad judgment or regular carelessness. Instead, the State must prove the defendant acted recklessly, and an ordinary person would have recognized the inherent risk with such an act.
This charge is a wobbler offense and can be charged as a misdemeanor or felony. Thus, while it may seem minor, the potential penalties are not. Misdemeanor convictions can bring up to a year in jail, and felony convictions can result in jail sentences of 16 months or two to three years.
A few legal defenses that would apply in this situation include:
- Self-defense;
- The accused believed the gun was unloaded; or
- An actual danger of death or injury existed.
Hire a Criminal Defense Attorney
Both charges pose serious consequences for those convicted, but there are many nuances to the law that complicate the cut-and-dry argument the State often makes in favor of conviction. An experienced criminal defense attorney will know how to poke holes in the prosecution’s case and reduce the likelihood of conviction.
Los Angeles’ Manshoory Law Group, APC can offer you the detailed and aggressive approach you need to get the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
Mar 6, 2017
How Social Media Causes Crime?
No matter where a person goes, there is always the possibility of being accused of committing a criminal offense, even if the likelihood is very small, and social media is no exception. Regardless of the forum, though, if a criminal accusation is made, a criminal defense attorney should be contacted immediately to ensure the ensuing criminal process is conducted fairly6 and promptly.
Especially as it concerns social media, people rarely think about this possibility as they go about their daily lives. This lack of awareness is due in part to the pervasiveness of social media in the lives of millions of Americans. People use it to check up on friends and family, read the news, organize events, vet potential new hires, and even earn a living. In many ways, it is now harder to stay off social media than to join its ranks.
This method of communicating and absorbing information is so ingrained in society, that the line between what is permissible, and what is not, is not always easily discernible. Given how much people rely on social media, understanding which actions on these forums could be considered criminal is important to everyone. To that end, a discussion on crime and social media will follow below.
What are Online Threats and Harassment?
Responding to online postings negatively or making controversial statements is an everyday occurrence on social media. In fact, it seems people do not feel the need to censor themselves online as they would in a face-to-face confrontation. This tendency to overlook the wisdom of considering the ramifications of a statement before posting opens a person up to allegations of committing a crime.
In California, it is illegal to make threatening statements that put another person in fear for his/her life. This offense is referred to as ‘criminal threat,’ and is an issue anytime a person makes a statement threatening harm or death. The threat must be specific and definite and put the other person in reasonable fear for their safety.
Conveying a threat via text or another form of electronic communication is within the definition of the crime. Importantly, the person issuing the statement does not need to have the ability to carry it out, which is particularly relevant to statements appearing online. This offense is classified as a wobbler under California, so it can be charged as a misdemeanor or felony.
Hacking/Unauthorized Access Laws and Punishments
Most people have heard of hacking and have some idea that it involves unauthorized access to computers, but most also assume that it is primarily limited to sophisticated overseas operations seeking to steal a person’s identity.
However, acts that potentially trip the law against the unauthorized access of a computer and its data do not need to be that refined. California criminalizes the intentional access of a computer without permission to take, copy or use its data. This means that accessing a friend’s social media and posting an embarrassing message may be forgivable, but also may qualify as a crime. This offense is also a wobbler, and subject to fines up to $10,000 and/or three years in county jail.
Online Transactions
Finally, finding buyers for unwanted items is one of the most convenient aspects of social media, and the vast majority of transactions conducted in this manner are well within the bounds of the law. Problems arise, though, when regulated items, such as firearms, are sold by an owner to another private citizen. The sale of firearms must be done through a licensed dealer, and sales between private individuals could lead to criminal charges.
However, various exceptions apply to the licensed dealer requirement, so a criminal defense attorney should be consulted if there is an issue. Unlike the other offenses mentioned, this offense is only chargeable as a misdemeanor, and brings fines up to $1,000 and/or six months in county jail.
Hire a Criminal Defense Attorney
Facing criminal charges is a serious and overwhelming situation that is best handled by an experienced criminal defense attorney. The attorneys at the Manshoory Law Group, APC in Los Angeles are ready to help you understand and navigate the criminal process.
They offer clients creative and aggressive defenses to obtain the best possible results. Attorneys are available 24/7. Contact us today for a free consultation.
Feb 27, 2017
The jury trial is a core component of the American judicial system, particularly as it applies to determining guilt or innocence in criminal trials. Having a group of peers, instead of a judge sitting in a position of authority, decide the final outcome lends the process a bit more fairness. However, delving into the criminal process should not be attempted without representation from an experienced criminal defense attorney.
Judges, lawyers, and juries make up key aspects of the trial process, but the focus is rarely on the function of a jury. People generally know that juries declare whether a defendant is guilty or not, but may not know about the rules that govern their service, including how they review evidence, or how each individual is selected.
Given the vital role, juries play in the criminal process, an overview of the selection process and purpose of the jury in criminal trials will follow below.
How Does Jury Selection Work in California?
Anyone accused of a crime is entitled to a trial by jury, and as a consequence, when the accused walks into the courtroom on the first day of trial, a jury is ready and waiting for the process to begin. But, how did these particular people end up sitting in the jury box? Jurors are meant to represent a cross-section of the community, and thus represent an approximation of who would qualify as peers of the accused.
Further, jurors need to have an unbiased view of the case at hand so a balanced and fair verdict can be issued. In order to find individuals who can objectively evaluate the relevant evidence and testimony, the prosecutor, defense attorney, and judge meet with a large group of prospective jurors before the trial starts.
During this meeting, the judge and attorneys ask each person various questions aimed at determining if he/she can be impartial if chosen to serve. Both attorneys have the ability to request dismissal of jurors if they believe a particular individual is biased, and also to dismiss a certain number, depending on the offense, for no cause.
However, the dismissal of a prospective juror cannot be based on the person’s sex, religion, or nationality. Once the prosecutor and defense can agree on 12 people, the jury panel is set, and the trial can move forward.
What is the Role and Rules of the Jury in a Criminal Defense Case?
The main job of a jury is to assess the evidence and testimony presented during the trial to determine if the prosecution proved the accused is guilty “beyond a reasonable doubt.” In order to keep this process as fair as possible, the jury is only permitted to consider the evidence introduced and the judge’s instructions.
The use of outside information or evidence to reach a verdict is never permitted. Importantly, jurors are not allowed to discuss any aspect of the case with anyone connected to the case or from the outside, other than other jurors, including the attorneys, witnesses, family members, or friends.
This prohibition is in place to prevent the juror from being influenced by outside information, and the judge has the ability to sequester a jury, usually in high-profile cases, if there is a reasonable fear the jurors could be tainted.
Once all the evidence and arguments from both sides are presented, the jury is sent off to debate the merits of the case, and reach a unanimous decision of guilty or not guilty.
The jury is permitted to ask the judge certain questions to assist with deliberations, as long as the attorneys are present, related to:
- the case;
- rehearing specific evidence; and
- reexamining particular evidence.
Once the jury reaches a unanimous decision, or the judge decides further deliberations are unlikely to produce an agreement, deliberations end, and the verdict is read or a mistrial is declared.
Hire a Criminal Defense Attorney
Trying to face criminal charges without hiring a criminal defense lawyer is risky, and could directly affect both the verdict and imposed sentence. Manshoory Law Group, APC handles both State and federal criminal matters and will fight to get you the best possible outcome.
If you live in Los Angeles, contact the office today for assistance. Attorneys are available 24/7 to take your call.
