Trusted Criminal Defense Attorneys In Southern California
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When someone is arrested and charged with a crime, a lot of questions and concerns typically come up. What is the alleged crime? What are the potential punishments? How long will a trial take? Will I spend the time leading up to trial in jail? All these questions are natural and valid and are best answered by a criminal defense attorney experienced with the type of offense at issue.
A key issue related to the crime is figuring out how the offense will be classified. In other words, is it a misdemeanor, a felony, or what is termed a “wobbler” under California law? This information determines the possible punishments a defendant is facing and thus has a huge impact on the outcome of the case.
While these terms may seem basic, the way crimes are classified under each quickly becomes very nuanced.
What is Considered Misdemeanor Offense in California?
Misdemeanors are less serious crimes and bring a maximum potential sentence of one year in the county jail. Most misdemeanor crimes come with a jail sentence of up to six months and/or fines of $1,000. Examples of a standard misdemeanor include petty theft, public drunkenness, and vandalism. In addition to these standard misdemeanors, there are aggravated or gross misdemeanors that carry the maximum jail sentence and higher fines, such as repeated DUI charges and domestic battery.
These offenses generally relate to behavior that the state wants to highly discourage but does not rise to the level of seriousness accorded to felonies. While a judge is authorized to order jail time, probation is more commonly ordered as the sentence for a misdemeanor conviction. California jails are notoriously overcrowded, and unless the court believes an individual poses a real danger, jail time is a very unlikely sentence.
Probation means the offender must comply with conditions imposed by the court to avoid jail time, and unlike felony probation, only involves periodic meetings with the court instead of supervision by a probation officer.
What Crimes are a Felony in California?
Felony crimes are more serious offenses and bring sentences of at least one year in county jail or state prison. Obvious examples are murder and robbery. Prison sentences are divided into low, high, and middle terms. Most people receive the middle term, unless there are aggravating factors (e.g., extreme violence) justifying the higher term or mitigating factors (e.g., minimal involvement in the crime) to validate the lower term.
Fines up to $10,000 can also be imposed in addition to or instead of jail/prison time. Again, because of prison overcrowding, probation is a common sentence to replace jail time. Felony probation involves supervision by a probation officer, so regular check-ins are mandatory, usually on a monthly basis.
The purpose of these meetings is to verify the person is complying with the conditions ordered by the court, including confirming employment and/or administering drug tests. Failure to attend these meetings is a violation of probation in and of itself and could result in prison time.
What is a Wobbler Offense in CA?
Finally, wobblers are offenses that can be charged as either a misdemeanor or felony offenses. Examples include domestic violence, burglary, and fraud. The prosecutor looks at the specific facts of the case and the defendant’s criminal history to decide which type to charge. There are numerous crimes that qualify as wobblers in California, and the implications of felony charges are significantly different than those of a misdemeanor.
Important rights are lost with felony convictions, which is why hiring an experienced criminal defense attorney who can effectively argue a misdemeanor charge is more appropriate is crucial to a positive outcome.
Hire a Criminal Defense Lawyer
Being charged with a crime is easily one of the most frightening things a person can experience. If you are facing this situation, hire a criminal defense attorney as soon as possible. There are many steps in criminal cases and numerous time limits and restrictions that come into play that reduce a person’s options.
Getting a criminal defense attorney early on can prevent a loss of important rights and give you the best chance at a good outcome. The Los Angeles Manshoory Law Group, APC has attorneys ready to assist you 24/7 with your case. Contact us for a free consultation.
An Overview of the Federal Computer Crimes and Internet Fraud
Computers have infiltrated all aspects of modern life. From smartphones to kitchen appliances, computers are in everything people use on a daily basis. Of course, the most obvious and pervasive aspect of this technology comes in the form of the Internet. There are a few things that cannot be accomplished online, and some things that can only be accessed this way.
As technology has slowly become central to daily life, the regulation and criminalization of its use have increased as well. The federal government deems a number of activities performed via a computer as criminal acts.
The laws on computer crime are highly complex and require the services of acriminal defense attorney to defend against charges of this kind. A lot of this complexity is due to the inclusion of vague terms in these laws that prosecutors try to use to expand which acts are criminal.
California has also enacted its own set of computer crime laws in recent times, which only adds another complicated layer. Cybercrime is one of the more well-known forms of Internet fraud due to the plethora of news stories on the topic, especially around large companies losing sensitive data to hackers.
However, Internet-based crimes encompass a large variety of acts from the heinous –stealing someone’s identity – to the innocuous – using a partner’s password to access an online account.
Given the vast array of acts that could be considered criminal, having a basic understanding of what internet fraud means is important to protecting one’s rights.
What are the Federal Computer Crime Laws in the US?
Internet fraud is a catch-all term that includes doing anything over the Internet with the intent to commit fraud. The three most common types include:
fraudulent schemes, i.e., scams, over email or online;
phishing, or using the internet to obtain sensitive information; or
accessing a computer or data without permission.
The federal law is most concerning because it encompasses many different types of acts related to fraudulent schemes.
This law criminalizes any plan to obtain money or property by false pretenses through the wire, radio, or television and requires the government to prove:
the defendant planned to commit fraud;
the defendant specifically intended to con someone; and
the defendant used electronic means to facilitate the fraudulent plan.
The government is not required to prove the defendant was successful in deceiving someone out of person or property to get a conviction. The possible penalty for this offense is a fine, up to 20 years in federal prison, or both.
What are the California Internet Fraud Laws?
California’s criminal statute on unauthorized access of a computer or computer data covers everything from the sophisticated hacker in Russia to the business partner trying to review business records when the other partner is sick.
The number of acts prohibited is quite extensive but includes:
knowingly accessing and copying or using data from a computer without permission;
knowingly accessing and damaging, altering, or using data on a computer to defraud others or wrongfully obtain money, data, or property;
knowingly accessing a computer without permission;
knowingly introducing a contaminant or virus into a computer; and
knowingly assisting someone to access a computer without permission.
The possible sentences for these offenses vary based on the type of damage caused but generally include a hefty fine and incarceration in county jail for a year or more.
Criminal Defense for Internet Fraud Cases
As can be seen in this brief overview, the law on computer crime is very technical and easily misunderstood. If you are accused of any computer-related offense, speak to a criminal defense attorney as soon as possible. These cases often require the gathering of specific data that can be lost if not secured early.
Manshoory Law Group, APC, located in Los Angeles, represents clients in both state and federal criminal court and can help you fight accusations leveled by the government. Attorneys are available 24/7. Contact us for a free consultation today.
Even in modern society, fire, in various forms, is a big part of daily life. Fire is used to cook, power engines, heat homes, and run the power plants that give life to all the electronics that are so central to life today. Fire is also portable, in the form of lighters and matches, so people can take it anywhere.
However, especially in densely populated areas, there are strict regulations on when and how someone is permitted to start a fire. Tripping the bounds of the applicable criminal offenses could result in arrest and prosecution by the state. If that happens, the services of a criminal defense attorney are needed to combat the charges and ensure the rights of the accused are not violated.
Arson is the crime most people associate with fire, and understanding how this act is defined under California law is important to avoid being implicated in such a crime by law enforcement.
However, in the event one is accused of committing arson, there are a number of defenses that a criminal defendant can assert to beat the charges.
What are the Types of Arson Charges and Penalties in California?
California has two criminal statutes related to setting fires – arson and reckless arson. Arson occurs when a person intentionally and “maliciously” set fire to a building, forest land, or property. Someone sets fire with maliciousness if the act was intended to harm, defraud, or anger another person.
Reckless arson happens when a person sets a fire recklessly.A fire is considered reckless when the person who started the fire knew of and ignored a significant risk that the fire would burn buildings, forest land, or property. In addition, a person may be guilty of arson for setting fire to his/her own property if:
the property burned was a building
the fire was started for a fraudulent reason, such as to collect money from an insurance company, or the fire causes damage or injury to another home, person, or land
Determining if an alleged act of arson is a misdemeanor or felony offense depends on whether the fire was set intentionally or recklessly, if someone was injured, and the type of property burned. For example, recklessly burning personal property is a misdemeanor.
However, intentional and malicious fires are always considered felonies. Sentences for reckless arson range from six months in county jail for misdemeanor convictions, and up to nine years for malicious arson offenses that cause significant injury to another person. Also, note that fires set in retaliation for evictions or other legal actions are considered aggravated offenses and subject to sentence enhancement provisions.
Finally, those convicted of malicious arson face mandatory registration on the state arson registry, which is similar to the sex offender registry and requires all registrants to keep law enforcement notified of their whereabouts.
Legal Defenses Against California Arson Charges
While an experienced criminal defense attorney will know the best method to attack an arson charge in order to convince the prosecutor to reduce the charges or dismiss the case, there are common defenses to arson charges that are worth knowing:
the fire was an accident;
the state has insufficient evidence against the accused;
the accusations are not true;
the person accused was the victim of mistaken identity; and
the fire was not the result of arson.
What to Do If You’re Charged with Arson
If you are under investigation or accused of a crime, do not wait to hire a criminal defense attorney. Protecting your rights and building a strong defense against criminal charges should start as soon as possible to reduce the likelihood of an unjust result.
The Los Angeles law firm Manshoory Law Group, APC represents clients in a variety of criminal defense matters and will fight to get you the best possible result. Attorneys are available 24/7 to take your calls. Contact us today for a free consultation.
The surveillance forecasted almost 70 years ago in George Orwell’s 1984 has arrived. It is no longer necessary to go outside one’s home to be tracked and recorded. In recent years, efforts by cell phone companies, websites, and businesses to track customer location and behavior became well-publicized, and this information is increasingly being used as evidence in criminal cases, which criminal defense attorneys must combat to protect the defendant’s rights.
In addition, there is a growing number of both private and public security cameras that are impossible to escape as soon as one steps outside. Unless a person chooses to become a hermit who exists completely offline, surveillance of some sort is occurring all the time. While this persistent sense of always feeling followed is generally unnerving, when police get involved because they suspect a person is connected to a crime, the consequences become truly scary.
Law enforcement is now beginning to deploy facial recognition technology to identify and catch suspects, which is quite concerning considering the lack of studies supporting its accuracy. A Colorado man faced this situation head-on when police incorrectly identified him as the perpetrator of two separate bank robberies. But, the technology most commonly used to follow and implicate someone in a crime is the cell phone due to the central role it plays in the lives of most people. People have a substantial privacy interest in their cell phones, and special rules apply when police want to search these devices as a result.
The requirements and exceptions for cell phone searches will be explored below.
How Does Police Use Cell Phone Data?
In order for the state to convict a person of a crime, the prosecution must produce evidence of a defendant’s guilt beyond a reasonable doubt. One central element in many prosecutions is the location of the defendant while the criminal activity took place, and specifically, whether the defendant was in the vicinity of the alleged crime. Without evidence to place the defendant at the scene, jurors are unlikely to find enough evidence of guilt.
Cell phone location data collected and retained by cell phone providers, while lacking in pinpoint accuracy, can indicate a person’s general location every time he/she makes a phone call, sends a text, or accesses the internet. This is highly private digital information that, for the first time ever, allows law enforcement to track a person’s movements without direct surveillance (activity for which police must obtain a warrant). Such information could conceivably infer a false connection to a crime, and thus, law enforcement’s access to and use of this data is a critical issue.
California does have a law requiring a warrant to gain access to cell phone provider records, but federal authorities have no such restriction, and currently, can get this information without showing the same level of cause.
Do the Police Need a Search Warrant to Access Your Cell Phone?
In the vast majority of cases, police need a search warrant to access the information contained in a person’s cell phone. When police apply for a warrant they must specifically identify the cell phone they intend to search and the evidence they are seeking.
A search warrant allows police to search any specified area for evidence of criminal activity, including a person’s home, car, cell phone, or workplace. If police find evidence supporting the alleged criminal activity, they are also allowed to seize it.
This type of search and seizure is only permitted under a valid warrant, unless an exception to this rule applies, such as:
the owner’s consent
the search is connected to a lawful arrest
the evidence was in plain view
To convince a judge that a warrant is justified, there must be evidence a crime was committed, and the proposed area to search is likely to contain evidence of the said crime. Further, the judge must find there is “probable cause” or a reasonable belief that the person named, or items described in the warrant will be found at the designated location.
Typically, the judge will take oral or written affidavits from law enforcement, the prosecutor, or a witness about the facts of the case to see if probable cause exists. However, if a warrant is issued improperly, this fact would give the defense cause to request dismissal of criminal charges or the exclusion of seized evidence.
If the police search electronic devices other than the one listed in the warrant or gather evidence outside of what was authorized, the search is invalid, and police are not permitted to use this information against the defendant. However, note that police can seize possession of someone’s phone as part of an arrest, and retain it until a search warrant is secured.
What are the Warrant Exceptions?
While individuals do have a large privacy interest in the content of cell phones, there are exceptions to the warrant requirement when the government’s interest is considered more important or the privacy interest is waived.
The exceptions to the warrant requirement include:
the owner consents to the search freely and voluntarily
exigent circumstances due to the presence of an emergency.
Some examples of circumstances that may constitute a true emergency occur when the police reasonably believe that:
the phone is about to be remotely wiped;
the phone contains data that will allow them to track a suspect; or
the information on the phone can help prevent harm to someone else.
If police conduct an illegal search of a person’s phone, the person has the right to challenge the validity of the evidence and ask a court to suppress its use.
Blocking the introduction of evidence can lead to reduced charges or a dismissal of the criminal case, so having a criminal defense attorney that carefully analyzes the state’s evidence to check for illegalities is essential to a strong defense.
Hire a Los Angeles Criminal Defense Lawyer
If you are facing criminal charges, do not delay hiring a defense attorney to protect your rights. Public defenders are burdened with unreasonable caseloads, and consequently, cannot give your case the attention it needs.
Those charged with a crime in the Los Angeles area should contact the Manshoory Law Group, APC for experienced criminal defense representation. Attorneys are available 24/7 to answer your calls. Contact us for a free consultation.
Interactions with police are rarely stress-free. Usually, conversations with law enforcement involve some type of emergency or reports of a crime. Regardless of whether one is the victim or accused perpetrator of a criminal offense, speaking to police in these situations naturally produces a lot of anxiety and fear.
Once a person is pegged as a possible suspect in a crime, talking to the police is the last thing he/she wishes to do, and the services of a criminal defense attorney should be sought to protect the person’s constitutional rights. At some point during the criminal investigation, all suspects are brought in for questioning using a process commonly known as interrogation. Interrogation is an interview technique police use to gather more information about a crime, and ideally, to convince a suspect to admit he/she committed the criminal act.
Most people are familiar with the idea that police have employed coercive tactics to obtain confessions, especially in murder investigations. California is taking steps to limit this practice with the passage of a new law that requires police to electronically record all interrogations of murder suspects.
While this is an important measure to reduce the likelihood of a wrongful conviction, all criminal suspects need to know what rights they have related to criminal interrogations.
What is the Criminal Interrogation Process?
People typically envision police interrogations happening in a windowless room following an arrest, but questioning can occur anywhere, and any statement can be used to incriminate someone. A person always retains the right against self-incrimination, guaranteed by the Fifth Amendment, and memorialized in the Miranda warning as the right to remain silent. This right prohibits the government from forcing a person to say something that would implicate them in a crime.
If police stop a person on the street, he/she is not required to answer questions from the police, although the person must give his/her name. If the interrogation takes place at a police station, a person may stop questioning at any point, even after agreeing to cooperate, by refusing to answer further, asking to speak with an attorney, or directly invoking his/her right to remain silent. Police must cease questioning at this point.
California’s New Interrogation Law
This new law on interrogation extends the requirement to electronically record interrogations to adult murder suspects. Note, however, this provision only applies to suspects held in detention and is subject to a number of exceptions.
Some of the exceptions that relieve the police of this obligation include:
the person being interrogated requests the police do not record his/her statements;
the officer questioning the individual had no knowledge the individual may be implicated in a murder. However, if it becomes apparent during the interrogation process that the person was involved in a murder, any further conversation must be recorded;
a malfunction of the recording equipment occurred, despite regular maintenance, and timely repair was not feasible; and
spontaneous statements offered by suspects during the routine arrest or booking process are specifically excluded from this provision.
Questioning by police in connection with a crime is a frightening situation that should only be faced in the company of an experienced criminal defense attorney. If you are facing criminal charges and live in the Los Angeles area, Manshoory Law Group, APC has skilled defense attorneys that will fight for your rights and the best possible result.
Contact the office for a free consultation. Attorneys are available 24/7 to answer your requests.
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