Feb 21, 2017
Being accused of domestic violence by a partner or family member is devastating, and should prompt a call to a criminal defense attorney for representation. Emotionally, the accused must face the realization that the ones loved most do not trust him/her, and live through the fallout of having that label attached to his/her name. There is a real and damaging stigma associated with domestic violence that can alienate friends and family, and even jeopardize employment.
While there are legitimate cases of domestic abuse, they can be misused by spouses or family seeking to retaliate or hurt an accused abuser, as well as spouses seeking a divorce that wants to gain an upper hand in the proceedings. Jail sentences are often imposed for even first-time misdemeanor convictions, so it is important to challenge these allegations head-on and avoid potential punishment.
There are a number of offenses that fall under the domestic violence umbrella and having a basic understanding of what qualifies as domestic violence is important in the event a person is accused. Even more important, knowing ways to fight these charges in court could make the situation a little easier to bear. Both of these issues will be explored below.
What Type of Domestic Violence is Most Common?
Criminal statutes on domestic violence essentially elevate the prohibitions against assaulting, battering, or threatening violence when it involves a person’s fiancé, partner, spouse, or parent of the person’s child by imposing greater penalties.
A number of offenses are classified under the general category of domestic violence, but a few of the most common are corporal injury, domestic battery, and criminal threat.
- Corporal injury is intentionally applying physical contact to an intimate partner that causes a “traumatic condition.” Markings as slight as a bruise or swelling qualify as a corporal injury because they leave a visible mark, and are applicable to both current and former intimate partners. This offense may be charged as a misdemeanor or felony, but some amount of jail time is highly likely.
- Domestic battery also involves the willful infliction of physical force against a current or former intimate partner but does not require an injury to violate this law. The touching just needs to be harmful or offensive. Pushing a partner during an argument or grabbing and ripping a spouse’s shirt would be enough. This is a misdemeanor offense, though completion of a one-year batterer’s program is a common condition to avoid jail time.
- Criminal threat occurs when a threat to kill or physically harm is made to an intimate partner that puts him/her in reasonable fear of his/her safety. The threat must be specific and clear and may be communicated verbally, in writing, or via electronic means. The accused does not have to intend to carry out the threat or have the ability to do so in order to be found guilty of this offense. Like a corporal injury, the criminal threat may be charged as a misdemeanor or felony, and if a weapon is involved, the sentence is automatically increased by one year.
How to Fight Domestic Violence Charges?
While contesting these allegations may seem next to impossible, there are a number of defenses that negate or excuse these charges. Self-defense or defense of others is usually the strongest defense an accused can claim.
This defense applies if the accused:
- had a reasonable belief that he/she or someone else was in imminent danger of being harmed;
- had a reasonable belief force was necessary to escape the harm; and
- only used that amount of force that was necessary to escape the danger.
In addition, the accused can argue the touching was not willful, such as when a piece of broken glass inadvertently hits the other person. Finally, as noted above, these allegations are not always true, and an experienced Los Angeles domestic violence attorney will be able to bring out the falsity of these claims at trial.
Let Us Represent You in Your Domestic Violence Arrest!
If you are facing domestic violence charges, hire a criminal defense attorney as soon as possible. Prosecutors are known for forcefully prosecuting these cases, and asking for the maximum penalty. Conviction of a domestic violence offense will greatly affect your life going forward, so give yourself the best chance of avoiding this consequence by working with an experienced criminal defense attorney, like Manshoory Law Group, APC in Los Angeles.
Manshoory Law will fight for your rights and to get the best possible result. Attorneys are available 24/7. Contact us for a free consultation.
Feb 13, 2017
Can Prior Convictions Be Used in Court?
Most people facing criminal charges feel overwhelmed and burdened with surmounting a daunting, but essential and life-altering, task. If this is not the first time the person is facing a criminal conviction, he/she may wonder how/if prior convictions can be used in the current case.
Basing a person’s guilt on past behavior is considered unfair, and there are restrictions on when and how such information can be used at trial. But, it does remain relevant for certain purposes in any subsequent criminal proceedings a person faces.
A strong criminal defense lawyer is particularly needed in these situations to nullify, or at least mitigate, the effects of past convictions on a current criminal case. All criminal cases have multiple facets that are difficult to follow and understand for the accused and his/her family. Consequently, the more information these individuals have, the better prepared they are on how to best participate and the likely outcome of the case.
With that goal in mind, an overview of the influence of prior convictions on new criminal cases will follow below.
Admissibility of Prior Offenses at Pre-Trial
Law enforcement and prosecutors will always have access to a person’s complete criminal record, adult and juvenile, even if the prior convictions were expunged. Any prior convictions can have a direct effect on the type of charges filed against someone, and whether the prosecutor would consider offering or accepting a plea bargain. California has a number of “wobbler” offenses – crimes that can be charged as either a misdemeanor or felony.
Some examples of crimes that fall into this category include:
The prosecutor considers the specific facts of the case and past criminal convictions when deciding how to charge someone accused of a crime. The seriousness and extent of prior convictions will heavily influence the prosecutor’s decision.
In addition, if a prior conviction included probation or parole, a new arrest or criminal charge could violate the terms of release and result in the person being sent to jail.
Prior Convictions Impact During The Trial Phase
During a trial, the State is generally prohibited from bringing up prior convictions to prevent past behavior from unduly influencing the jury’s verdict. This is called ‘character evidence‘ and even includes bad acts that did not result in criminal charges or convictions.
There are exceptions to the rule that excludes this evidence that tends to come into play more when a defendant decides to testify on his/her own behalf. In that situation, prosecutors may be allowed to ask about previous convictions if it relates to the person’s reliability as a witness or propensity, to tell the truth.
In addition, this type of evidence can be used to show something other than the accused committed a crime, such as that he/she:
- possessed a motive to commit the crime
- had an intent or plan to commit the crime
- had the opportunity to commit the crime
Further, some additional and important exceptions to the prohibition on the use of character evidence specifically apply to cases involving sex crimes, domestic violence, elder abuse, or child abuse.
In these cases, prosecutors are permitted to introduce evidence of previous similar crimes regardless of any testimony or evidence presented by the defense.
The Role Of A Criminal Defense Attorney
Facing criminal charges of any type is a serious situation because of the potential loss of liberty and other rights. By hiring an experienced criminal defense attorney, you greatly increase your chances of reducing or eliminating the pending criminal charges so the impact on your life is as minimal as possible.
Manshoory Law Group, APC represents clients in Los Angeles and will use all available resources to bring you the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
Jan 24, 2017
What is a Sex Offender Registry?
Being convicted of a crime affects a person’s life forever. Having a criminal record affects a person’s employment opportunities, can influence child custody decisions and may prohibit the exercise of certain rights, such as owning a gun. Hiring a knowledgeable criminal defense attorney at the outset of a criminal case is crucial to obtaining the best possible outcome.
One type of offense that particularly impacts anyone convicted is sex crimes. These individuals are subject to punishment that persists long after the prison sentence is served which makes it nearly impossible to function in society.
In fact, new research indicates that these policies actually increase the likelihood of repeat offenses because it is so difficult to find compliant housing and employment. In addition, the rate of recidivism for sex offenses (how often someone reoffends) is much lower than policymakers claim.
California has some of the toughest sex offender registry laws in the country, so understanding the regulations that dictate how someone convicted of a sex-related crime must live is essential information to anyone facing charges of this kind.
What Criminal Charges can Result in Becoming a Registered Sex Offender?
One important aspect of the California sex offender registry laws that need to be emphasized at the outset is that registration is for life, or as long as one lives, works, or attends school in this state.
While there is a long list of crimes included under this umbrella, the most common types of offenses subject to registration include:
- rape/sexual battery;
- acts involving minors, such as lewd acts with a minor, pimping, and sexual assault;
- sodomy
- indecent exposure
However, note that a judge can order anyone convicted of a crime to register, not just those convicted of an offense listed in the law, as long as the judge believes the offense is related to sexual compulsion or gratification.
What Information is Required to Register as a Sex Offender?
The stated purpose of the sex offender registry is to notify members of a community if a sex offender is living in their area.
Consequently, the law requires individuals required to register to do so in person within five business days of:
- sentencing if no incarceration was ordered;
- release from police custody; or
- discharge from a hospital or mental health facility.
The registry itself lists the person’s name, last known address, convicted offense, date of release, biographical/identifying information, and unique markings, such as scars and tattoos.
At a minimum, offenders must annually update their information within five days of their birthday. In addition, more frequent updates are necessary when someone moves, is a transient (has no permanent address), is considered a sexually violent predator, or is present on a California college campus.
What Residency Restrictions Do Sex Offenders Have?
While the State is no longer enforcing housing restrictions for most individuals required to register as a sex offender in response to a court decision, local law enforcement is still able to enforce the State statute or local ordinance.
State law restricts registered sex offenders from living within 2,000 feet of a school or park and from accessing schools or parks without permission. For example, Los Angeles County prohibits registered sex offenders from living together or within the same housing complex.
Can I Get Removed from the Sex Offender Registration List?
Once designated a registered sex offender, getting off the list is not easy, but is possible. For less serious offenses, an individual can apply for dismissal of his/her case, or expungement, once probation is completed, and then later for a certificate of rehabilitation as long as no other incarcerations or felony convictions have occurred.
Expungement removes the charge and conviction from the person’s criminal record. However, the duty to register as a sex offender remains. A certificate of rehabilitation relieves the person of the duty to register. In addition, the governor can issue a pardon for the type of sexual offense that would completely clear the offense, and connect obligations, from the person’s record.
Problems with Registering as a Sex Offender? Get Help from an Attorney
All criminal cases require and deserve a strong defense to protect the defendant’s rights and to lessen the potential consequences. Criminal defense attorneys at Manshoory Law Group, APC represents clients in criminal matters throughout Los Angeles and will be there to walk you through the confusing and intimidating criminal process.
Attorneys are available 24/7. Contact us today for a free consultation.
Jan 16, 2017
Criminal Trial Procedures: An Overview
Facing criminal charges is never a small thing, and the complexity and size of the criminal justice system easily overwhelm most defendants. Criminal defense attorneys are there to both protect the defendant’s rights and to steer him/her through the justice system with minimal delay.
When people think about a criminal case, the first thing that comes to mind is typically the trial proceedings. The trial is the climax of the criminal case where the judge and jury decide if the person is guilty or not. The depictions of criminal trials on television are ubiquitous and usually depicted as very dramatic events that always include the proverbial smoking gun.
While such trials do happen, most are very structured with few surprises. Given that the stakes are a person’s liberty, understanding what to expect during trial proceedings will help anyone facing criminal charges prepare for this stressful event. An overview of the components of a typical criminal trial will follow below.
What Rights do People Have During Trial Proceedings?
All defendants facing charges that could result in jail or prison time have the right to a trial by jury. While it is possible for a judge to decide a person’s guilt, a jury is typically the preferred method because it allows the defendant to have his/her peers determine the outcome.
In addition, the defendant has the right to remain silent, which means he/she cannot be forced to testify. Finally, the accused is always presumed innocent until convicted, and the prosecutor is obligated to prove guilt beyond a reasonable doubt.
What is the Process by Which a Jury is Selected?
Jury selection is the initial step in the trial process and is a very important component because these are the individuals that will decide the defendant’s fate. The attorneys pick jurors through a questioning procedure called voir dire, which continues until both sides agree on 12 jurors.
The purpose of the questioning is to weed out individuals harboring biases that could influence how they decide the case. Thus, both attorneys have the ability to dismiss jurors as long as the rejection of someone is not based on that person’s sex, religion, race, ethnicity, and the like.
Which is the Earliest Stage of a Criminal Trial?
The early stages of a criminal trial are specifically overpowering because everything happens so fast, and defendants rarely have adequate time to confer with an attorney. Consequently, an overview of the early stages of California’s criminal trial process will follow below.
What Happens at an Arraignment?
Arraignment is the first time a person accused of a crime appears in court. At this hearing, the judge will inform the accused about his/her Constitutional rights, including the right to a lawyer, and the nature of the criminal charges against him/her. In addition, the accused will have the opportunity to enter a plea in the case – guilty, not guilty, or no contest.
Arraignments are held after the prosecutor files formal charges, and must occur within 72 hours of arrest, excluding weekends and holidays, if the person remains in police custody. If a person is released following arrest, the arraignment is supposed to take place “without unnecessary delay,” but given how backlogged the criminal system is in California, the hearing may not happen for weeks or months.
Note that the 72-hour rule for those held in police custody applies regardless of whether the charge is a misdemeanor or a felony.
What Happens at a Bail Hearing in California?
Bail is the amount of money a defendant must post with the court to ensure he/she will attend all court appearances. The issue of bail is commonly addressed at the arraignment hearing but may be held as a separate proceeding if the defendant requests a reduction or elimination of the bail amount. The bail is set on a county-by-county basis and according to the type of offense.
However, California lawmakers are working on reforms to the bail system that takes into account how unfair it is to poor defendants. Typically, most people post bail through a bail bondsman. The bondsman agrees to pay the bail in exchange for a percentage of the bail amount. This fee is nonrefundable. When a judge assesses whether to modify the bail amount a number of factors about the accused’s past and character come into play.
Courts look, in particular, at the following:
- the nature and seriousness of the alleged crime;
- past criminal history;
- the probability the accused will appear for future court appearances; and
- public safety.
Alternately, the accused can ask the judge to release him/her without posting any bail, termed on one’s own recognizance, or O.R. release.
All defendants not accused of crimes punishable by death are entitled to release unless it would endanger public safety or fail to reasonably ensure the defendant will appear for future court dates.
What is an Opening Statement for a Trial Proceeding?
Opening statements are the first part of a live trial, during which the state and the defense have an opportunity to explain to the jury what they intend to prove.
Evidence cannot be introduced, but the attorneys can give jurors an overview of the type of information that will be discussed.
How Do You Present Evidence in a Trial?
The heart of a case rests on the evidence, which is shown to the jury through witness testimony, photos, documents, and other relevant and informative items.
Both sides have the right to question a witness, but the witness is only permitted to testify about things he/she personally knows. Thus, information learned from a third party cannot be presented.
What is a Closing Argument?
Once all the evidence is presented, both lawyers offer closing arguments. These arguments involve a review of the evidence, but cannot refer to new information, and are presented to persuade the jury that a particular side’s view of the evidence is correct.
What is the Verdict in the Trial Proceedings?
After closing arguments, the jury is sent off to deliberate and decide if the defendant is guilty or not. The jury cannot consider evidence that was not officially accepted by the judge, and the decision must be unanimous.
If there is disagreement with just one juror, a verdict cannot be rendered, and a “hung jury” is declared. If this occurs, a mistrial is usually announced, which requires a completely new trial. The prosecution may also opt to take a plea bargain on lesser charges or dismiss the case.
Is a Sentence Part of a Trial?
Finally, if the defendant is found guilty, a sentencing hearing will be held where both attorneys try to convince a judge what sentence to apply. The judge makes the ultimate decision on the punishment a defendant receives, which is set by sentencing guidelines in California law.
The severity is based on any mitigating or aggravating factors that may be present.
Hire a Criminal Defense Attorney
Being charged with a crime can forever change your life, but a criminal defense attorney is there is make sure the impact is as minimal as possible. The Manshoory Law Group, APC represents individuals throughout California charged with crimes in both State and federal court. They understand how overwhelming the criminal process can be and will fight to get you the best possible result.
Attorneys are available 24/7, so contact us today for a free consultation.
Jan 16, 2017
Having an online presence is almost a requirement to function in today’s society. However, this reality does present concerns if someone is prosecuted for a crime, and needs the services of a criminal defense attorney to fight the charges. Living one’s life online has become so ingrained that many transactions can only be completed this way, and employers now look for and expect to see information on prospective employees when evaluating a person’s candidacy.
Social media, in particular, has taken over the way people communicate and find important information, and police recognize that this forum offers opportunities to collect intel on criminal activity. Numerous stories have hit the news in the past few years about the methods police use to watch and track individuals they suspect of committing crimes, with little oversight on who is being monitored and how long the information is retained.
Understanding how police monitor the public on social media, and when this type of information can be used at trial, should help anyone concerned about protecting the information they post on social media.
How Police Monitor Social Media to Find Crime and Track Suspects?
Police departments across the country, California included, are increasing their purchase and implementation of software specifically designed to monitor popular social media websites and track accounts identified as posing threats to police and the public. In fact, these companies are actively marketing this software to law enforcement as an effective method of surveillance, but some social media sites are starting to cut off access to these companies to protect their users’ privacy.
This software provides real-time, location-based data analysis of social media posts, which police are using to target political and social activist groups, in particular, in these information sweeps. These groups are frequently scrutinized because they tend to post the locations and times of planned protests on these sites. Even more disturbing, police are purchasing this software in secret without public notice or comment, or legislative approval.
Further, while the monitoring of social media by police is no longer a secret, how the information is used and the extent of monitoring beyond protest groups are completely unknown.
Can Social Media Be Used as Evidence in a Criminal Case?
Since surveillance by police of social media sites is known, the next piece of important information to have is how social media data is used in criminal trials. The primary way social media evidence is used is to impeach witness statements made on the stand. Basically, this means that the content on social media conflicts with what was said in the courtroom, indicating that the person is making a false statement. While this may not seem like a serious issue, depending on the substance of the statement, it could be the key piece in a criminal case.
For example, if the prosecution is trying to allege the defendant is part of a gang, and the defendant denies this charge, the introduction of screenshots of the defendant making gang signs or statements in support of gang activity by the prosecution would be very damaging to the defendant’s argument.
Thus, when posting content to social media, keeping in mind how easily these snapshots in time can be misconstrued and twisted in unintended ways by others, try to limit posts that could put someone in a bad light.
Finally, it may be tempting to delete potentially damning information from social media sites after being charged with a crime. However, these deletions can be discovered and recovered in most cases, and the act of deleting potentially relevant evidence could lead to additional criminal charges for tampering with evidence.
Hire a Criminal Defense Attorney
Being charged with a crime is an overwhelming situation, and hiring the right criminal defense attorney can make a tremendous difference in the outcome of the case.
Manshoory Law Group, APC defends individuals accused of crimes in Los Angeles and will fight to protect your rights and get you the best possible result. Attorneys are available 24/7 to take your call. Contact us today for a free consultation.
