California Arson Laws: Can You Go to Jail for Accidentally Starting a Fire?

Nov 23, 2016

Is Accidental Fire a Crime?

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.

Can Police Search Your Phone?

Oct 31, 2016

Can Police Search Your Phone in California?

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.

What are Your Rights During a Criminal Interrogation

Oct 26, 2016

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.

Watch the Video to learn more.

Contact a Los Angeles Criminal Defense Attorney

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.

What Are the Rules for Arrest Warrants in California?

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.

What Are the Possible Consequences of a Criminal Conviction?

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.