Oct 20, 2016
What is a California Arrest Warrant?
Hearing an unexpected knock at the door is likely to provoke a certain amount of trepidation and curiosity in anyone, but if the person on the other side of the door is the police, fear and anxiety are almost guaranteed to spike. While there could be a number of reasons for police to seek someone out, the most concerning possibility is when law enforcement is there to execute a search or arrest warrant.
A warrant is a document issued by a judge that authorizes the police to take some action, the most common being to arrest a person accused of a crime or to search the premises of a place to collect evidence related to an ongoing criminal investigation. Regardless of the purpose of a warrant, anyone facing such police action needs to hire a criminal defense attorney to protect their rights.
Although police have court approval to take action once a warrant is secured, there are still rules related to how the warrant was obtained and how the police executed it. These rules are particularly important when it comes to arresting warrants because a person’s liberty is at stake. If the warrant is improper in some way, a criminal defense attorney can use this information to get the person released from police custody or even cause the charges to be dropped.
When Will an Arrest Warrant Be Issued?
There are two legal procedures the state can use to acquire an arrest warrant from a judge. The first, and by far the most common, is when the prosecutor and/or investigating officer appear before the court and directly ask for an arrest warrant. The government must convince the judge there is probable cause for a specific person to commit a crime. Probable cause means there is a reasonable belief a crime took place and the specified person is the offender. If the judge thinks there is enough evidence to support the request, a warrant is issued.
The second, and rarely used, option is to convene a grand jury and have it decide if there is a sufficient base to indict, or charge, a person with a crime. This procedure is typically used when the prosecutor is unsure if there is enough evidence to charge someone with a crime. If the grand jury decides to indict, the judge usually issues an arrest warrant in response.
When Can the Police Execute a California Arrest Warrant?
Police ordinarily execute warrants at a person’s home or work. They are permitted to use force during an attempt to arrest someone at home if they reasonably believe the person is present, and the occupants refuse to open the door. Note that police are not required to produce a copy of the arrest warrant and only need to prove they knew the warrant existed. However, they are obligated to execute the warrant within a reasonable time, and if they do not, the person may be entitled to a dismissal of the charges.
Felony arrest warrants can be acted upon at any time of the day, but the execution of misdemeanor arrest warrants is restricted to the hours of 6:00 a.m. to 10 p.m. unless the arrest occurs in a public place, the person is already in custody for another matter, or the warrant authorizes execution at any time. Once a person is arrested, he/she is entitled to appear before a judge “without unreasonable delay”, which usually means within 48 hours. If the time between arrest and appearance is longer, this may also justify the dismissal of charges as a violation of a person’s rights.
Consult a Los Angeles Criminal Defense Attorney
Being arrested for a criminal offense is a serious situation, and calls for the skills of an experienced criminal defense attorney to ensure you are treated fairly.
The attorneys at Manshoory Law Group, APC represent clients in the Los Angeles area and understand what is at stake in all criminal cases. We are available to speak with you 24 hours a day. Contact us today to learn how we will fight for you.
Oct 10, 2016
What Are the Consequences of a Criminal Conviction in California?
Being stopped by police, even if it is just related to a traffic violation, is likely to create a lot of stress and tension, but this anxiety is multiplied when the questioning is related to the commission of a crime. Most people would understandably become quite nervous and may forget basic information or say something they did not mean in order to get out of the situation.
This is even more likely if the questioning takes place at a police station where the authority and influence of police are at their highest. Any time a person is involved in a criminal investigation, regardless of whether charges are pending or not, a criminal defense attorney needs to be consulted to ensure rights are protected and the potential for government abuse is cut-off.
California’s harsh criminal sentencing laws and overcrowded jails are no secret in the U.S., but Governor Jerry Brown is attempting to bring some reform to the criminal justice system with his sponsorship of Proposition 57. This measure, up for approval by voters in November, would grant parole consideration to non-violent offenders and give Department of Corrections’ officials the authority to give credit to prisoners for good behavior and approved educational and rehabilitative achievements.
While this law would help those currently incarcerated, someone facing criminal charges first needs to understand the possible penalties they could confront if convicted. California’s sentencing system is one of the most complexes in the country, but a general outline of typical punishments for misdemeanors and felonies will follow below.
What Are the Consequences of Misdemeanor Offenses?
Misdemeanors are less serious offenses that generally bring fines, probation, and county jail time as potential punishments. The standard sentences for misdemeanors, such as petty theft and public drunkenness, are county jail time up to one year and fined up to $1,000. These are baseline sentence guidelines, but they increase if aggravated misdemeanors (such as a domestic battery) are charged, or if the alleged crime is a “wobbler” offense.
A wobbler offense means the prosecutor has the discretion to charge a person with a misdemeanor or felony for the same offense. The facts of the case, and the defendant’s criminal history determine which choice the prosecutor makes, and misdemeanor wobblers can bring higher fines for certain offenses. In addition, misdemeanor sentences will almost always include probation, and the conditions imposed must be followed to avoid jail time.
Standard probation conditions include:
- community service;
- electronic monitoring or house arrest;
- counseling/treatment programs; and
- paying the victim restitution.
What Are the Consequences Of A Felony Conviction In California
Felonies are serious offenses, like murder and assault, which can bring long prison sentences. At its most basic, felony convictions are subject to jail or prison time in excess of a year, including life in prison and death. Heavy fines, up to $10,000, and probation can be imposed in addition to or in place of prison/jail time.
Like misdemeanor offenses, there are wobbler felony crimes, and how it is charged is the difference between serving time in county jail or years in prison. Generally, there are three tiers of possible prison terms for felony offenses. The middle level is the option most often imposed, but the sentence will be higher if there are aggravating circumstances, or lower if mitigating facts are present.
Felony probation may be imposed in place of jail or prison time, involves intense supervision by design, and usually lasts three years, though it can be extended to five years. Violations of probation conditions open an offender to resentencing for the maximum jail/prison time permitted by law.
Some of the conditions felony probation commonly includes are:
- monthly meetings with a probation officer;
- paying restitution;
- therapy;
- drug testing, if a drug crime occurred;
- community service; and/or
- unannounced searches of a person or property with or without a warrant.
Hire a Criminal Defense Lawyer
Criminal charges are not an issue you want to face alone. The consequences can be severe and follow you for the rest of your life. If you live in the Los Angeles area and were arrested or charged with a crime, the Manshoory Law Group, APC is ready to take your case.
We understand the law for both federal and state crimes and will fight to get the best possible result. Attorneys are available 24/7 to offer a free consultation. Contact our firm today.
Oct 4, 2016
What Happens if the Property is Seized?
When the police are called it is rarely a good situation. Typically, there is a dangerous situation, like a fire, or someone alleging a crime has occurred. Either way, when the police show up, people tend to be on edge, panicked, and stressed. If someone claims a crime took place, police immediately begin interviewing witnesses and start trying to identify a suspect.
Beyond arresting a suspect, which triggers the need for a skilled criminal defense attorney, police investigations include another aspect that few people realize. As most know, evidence at a scene is seized by police for further examination and processing, and what people may not know is this evidence can include someone’s private property, like a car or computer.
This process is called asset forfeiture and can be used to take permanently any property, without compensation, police believe was used to commit a crime or obtained through criminal activity. Most of this property belongs to suspected criminals, and there is rarely any recourse to this taking even if the person is never convicted.
California lawmakers passed a bill this year that will prohibit seizing private property worth less than $40,000 from suspects without a conviction. The goal of this law is to limit the impact of this practice on innocent, lower-income individuals who lack the resources to fight back. Most property is seized in relation to drug-related crimes, so a discussion of when the property may be seized in drug crimes and the procedure to contest forfeiture will follow below.
What is Califonia Seizures Laws?
California’s asset forfeiture laws are extremely complex, but essentially these laws act as civil penalties for criminal acts.
Because forfeitures are viewed as civil matters, a person attempting to reclaim his/her property is not entitled to an attorney, as in a criminal trial, if the individual cannot afford to pay a lawyer.
- In drug cases, many different types of property are subject to seizure by police, including:
- any illegally obtained, distributed, or manufactured drugs;
- equipment used to make, hold or transport the drugs;
- any money used to pay for the drugs; and
- real estate used or permitted to be used by the owner for the sale, distribution, manufacture, or storage of drugs. However, homes cannot be seized they are used for lawful purposes, such as family residences, or if one of the owners did not know of the drug activity.
Convictions are required for some, but not all, asset seizures under the state’s drug laws. Convictions are needed to take: boats, airplanes, and vehicles; money worth up to $25,000; and any real estate. Note that the property can be seized before conviction, and the government just needs a conviction for the owner to forfeit it. Thus, the owner could be legally deprived of his/her property for years before the criminal case ever comes to trial.
No conviction is required for cash seizures over $25,000. Instead, the government is only required to prove the cash was used a drug-related enterprise by “clear and convincing evidence”, and not the criminal standard of “beyond a reasonable doubt.”
How to Apply for Return of Seized Property?
Once the property is seized by police as part of a drug investigation, the owner must act quickly to avoid losing it forever. However, note that seized drugs are automatically forfeited, except legally obtained medical marijuana.
Beyond drugs, the government must go through a process called administrative asset forfeiture for personal property worth less than $25,000, and judicial forfeiture for property worth more than $25,000 and real estate. In administrative forfeiture, the government must notify property owners of the forfeiture proceedings and publish a notice in a newspaper circulated in the county where the property was seized or is located.
The owner has 30 days to file a claim, and if one is not filed, the property is automatically forfeited. In judicial forfeitures, the same notice requirements apply, and if a claim is filed, a civil trial takes place where the prosecutor must prove the property was used in or obtained through a criminal act, and the owner consented to such use.
Combating both criminal charges and property forfeiture can seem overwhelming, but an experienced criminal defense attorney can help you through these procedures.
Ask for Help
People are suspected and accused of crimes every day, and if you find yourself facing criminal charges, take away the government’s advantage by retaining a criminal defense attorney as soon as possible.
The Los Angeles law firm, Manshoory Law Group, APC, handles a broad range of criminal charges, including drug offenses, theft, and assault. Contact our firm for a free consultation.
Sep 12, 2016
California DNA Collection Law
Most people who have run-ins with the law will say that the experience was unsettling at best and terrifying at worst. Being accused of a crime by a police officer, coupled with being handcuffed and placed in the back of a police car, is an embarrassing and often overwhelming situation. Retaining the services of a criminal defense attorney following an arrest is critical to protecting a person’s rights. There is, however, an additional aspect to many arrests that many people do not know.
Police do not have to wait for a conviction or even charges to be filed against a person, before collecting a DNA sample. In fact, they have the right to collect DNA from anyone arrested for a felony offense. This is an especially scary proposition given the recent passage of a proposed bill by the California Legislature that will allow rape victims to pursue charges against an alleged attacker up to 20 years after the incident.
It would also entirely remove a limit for prosecuting child molesters by eliminating the current cut-off that occurs when the victim reaches the age of 40 or ten years has passed since the date of the incident. It is extremely hard to contest charges from so long ago, which makes understanding how DNA samples can be used and how to expunge them once collected are very important to preserving a person’s rights.
Can Police Collect your DNA Sample?
As stated above, anyone arrested for a felony offense is subject to DNA collection by the police. The collection is typically taken via a mouth swab and occurs when the arrestee is booked as part of the identification process. Collected DNA samples are then submitted to the state crime lab for processing and entry into the state database.
Law enforcement agencies use this database to identify suspects by comparing an unidentified DNA sample collected from a piece of evidence with known DNA profiles in the database. Refusing to give a DNA sample is a misdemeanor offense punishable by a $500 fine and up to one year in the county jail. However, law enforcement is authorized to use reasonable force to collect samples if certain conditions are met.
These include:
- prior written consent of the supervising officer on duty;
- efforts to obtain voluntary consent; and
- a recording of the collection if the individual is taken from a prison cell.
Importantly, even if a person is acquitted or the charges dropped, the DNA profile remains in the database until that person requests an expungement.
What is a DNA Expungement?
Requests for expungement of a DNA profile from the state database and the destruction of the DNA specimen may be directly submitted to the California Department of Justice, DNA Database Program. California law states that a person is entitled to an expungement in the following situations:
- no charges were filed following an arrest for a felony offense;
- the felony charges were dismissed or the person was acquitted; and
- the underlying conviction that gave rise to the collection of the DNA sample was reversed and the charges dismissed.
Requests for expungement may also be made to the trial court in the county where the arrest occurred, and the court has discretion on whether to grant the request or not.
Note that denial of a request for expungement is non-appealable. Consequently, these requests should be made under the advice of a criminal defense attorney to ensure they have the best chance of succeeding.
Defending Against DNA Evidence
If you were arrested for a criminal offense, talking to a criminal defense attorney as soon as possible is the best way to preserve your rights and to start building a strong defense to the charges.
The Manshoory Law Group, APC represents clients throughout Los Angeles and will fight for justice in your case. Contact the office for a free consultation. Attorneys are available 24/7 to assist you.
Aug 29, 2016
What are The Concealed Carry Laws in California?
There are few topics in contemporary America that elicit as much divisiveness as the debate over gun ownership and the right to carry concealed weapons in public. Owning firearms is a long-held tenet of this country, and is memorialized in the Second Amendment.
Carrying a gun without the proper permit and/or license is a crime under California law, and if arrested and charged, would require hiring a criminal defense attorney to defend the person’s rights.
Disagreement over whether private individuals should have the ability to own guns is often split along lines of where someone lives – urban or rural. Those that live in cities are more apt to oppose gun ownership because they see how guns contribute to the crime rate. Individuals from rural settings, on the other hand, view gun ownership as essential to self-defense.
Gun rights advocates in California recently filed a lawsuit in federal court challenging the State law on concealed weapons because it effectively prevents most citizens from carrying a firearm in public.
This lawsuit is the product of an earlier effort that sought to block counties from requiring individuals to provide specific reasons to justify their request for a gun permit, but the Ninth Circuit upheld the counties’ right to impose this additional requirement earlier this summer.
Given how contentious this issue is, and how complex the laws on concealed gun permits are, an overview of the law in this area will follow below.
How to Get a Concealed Carry Permit in California?
Generally, carrying a firearm in California is illegal, regardless of whether it is loaded, unloaded, concealed, or carried in the open. The only way to legally carry a firearm outside of the home is to obtain a concealed weapons permit.
Permits are issued by county sheriff departments, and in L.A. County, applicants must prove the following to receive one:
- possess good moral character, which is verified by a criminal history check;
- have good cause, which is only established when the applicant can show by clear and convincing evidence that they or their family is under a present threat of danger to life or of suffering great bodily harm. Further, they must show there is no reasonable alternative to avoid the danger, and the danger would be substantially reduced by carrying a concealed firearm;
- be a resident of the county; and
- have completed a firearms training and safety course.
Permits are good for up to two years after issue, and applicants are informed within 90 days of submitting the application whether it is approved or denied. Sheriffs have almost complete discretion in deciding whether to issue a permit, so given the high burden authorities impose on applicants through the good cause requirement, it is highly unlikely anyone in L.A. County would be granted a permit.
What is the Penalty for Concealed Carry Without a Permit in California?
Anyone found in possession of a firearm by law enforcement could face charges for: carrying a concealed weapon on their person or in the vehicle, carrying a loaded gun in public, and/or openly carrying an unloaded weapon in public.
- Carrying a concealed weapon is generally a misdemeanor offense, absent aggravating factors like criminal history, and is punishable by up to one year in county jail or a $1,000 fine.
- Carrying an unloaded weapon in public is also a misdemeanor, and carries the same penalties.
- Carrying a loaded weapon in public can be charged as a misdemeanor or felony offense.
- If a misdemeanor, the person faces informal probation, up to one year in county jail, and/or up-to a $1,000 fine.
- Felony charges for this offense carry the potential penalties of 16 months or two to three years in county jail, and/or a $10,000 fine.
What to Do If You’ve Been Charged with a Gun Crime?
If you were arrested for an offense related to the unlawful possession of a firearm, it is critical to speak with an experienced criminal defense lawyer as soon as possible. There are many nuances to this area of the law, and many defenses to these charges that can help.
The Los Angeles Manshoory Law Group, APC will assess the facts of your case and advise you on your options. Contact the office for a free consultation.
