Jun 27, 2016
Dealing with the police is often viewed from the lens of two contrasting experiences – very pleasant or happy relief when a person needs their assistance, or scary and threatening when a person is the target of their suspicion. Being targeted by police for possible wrongdoing is an overwhelming situation and urges most people to seek a criminal defense attorney to protect their rights.
Conversely, walking down the street, or just being out in public generally, is usually considered a safe and innocuous activity that is unlikely to provoke interaction with police because it does not carry the inherent risk and consequential increased scrutiny given to someone driving a car or large groups gathering in a public place.
In fact, a person who is not driving or planning to enter a facility with security may not even carry identification. But, what if a person is stopped by the police for questioning? Are they required to carry identification or otherwise identify who they are to the police?
Is it legal to Walk Around Without Identification?
Unless a person is driving a car or entering a secure location, such as an airport or government building, California does not require someone to carry an ID. In practice, this means that if the police stop a driver for a misdemeanor traffic violation, this person can be arrested if they fail to produce a valid license.
Do You Have to Identify Yourself to a Police Officer?
As a preliminary matter, it is important to note that police always have the right to ask for identification or request you answer a few questions, but unlike many states, California does not have a law that requires a person to identify themselves to the police. Thus, a person does have the right to refuse to present identification or otherwise identify themselves if the police ask.
However, under the 4th Amendment, if the police have reasonable suspicion of criminal activity or probable cause to make an arrest, they can detain a person for a short period of time while they attempt to identify them. Additionally, police can perform a pat-down at the scene to ensure the person is not carrying weapons for officer safety.
The standard for what is “reasonable suspicion” or “probable cause” is very low, and even innocent behavior can be used to justify detention. The possible range of responses varies from taking a fingerprint at the point of the stop to arresting the person and holding them in jail. Without suspicion of criminal activity, police are not permitted to arrest for simply refusing to provide identification.
However, such arrests do happen and require a strong defense from a criminal defense attorney to ensure any charges brought against the person are dropped. By contrast, in many states, there are statutes that make it a crime for someone detained for suspicion of criminal activity to refuse to identify themselves. These states do differ on whether a verbal response is sufficient or if the presentation of a valid ID is necessary to satisfy this requirement.
Get Help
If the police arrest you on baseless claims, securing a criminal defense attorney as soon as possible is important to contesting allegations by the police. Evidence, such as the video from the officer’s body cam, is essential to your defense and needs to be secured right away to ensure it is not lost or deleted.
Attorneys at the Los Angeles-based Manshoory Law Group, APC represent clients accused of many different crimes and want to help you effectively assert your rights. Contact us for a free consultation.
Jun 20, 2016
Any couple in a serious relationship will have disagreements at some point, and sometimes, emotions can get the better of people and lead to loud shouting matches. While these incidents are unfortunate, and probably not the best representative moments of a relationship, having an argument does not automatically translate into physical violence.
Being falsely accused of domestic violence is a very serious and damaging claim and requires a vigorous response by an experienced domestic violence attorney. People tend to assume these charges are true and treat the accused as if he/she was found guilty.
An assemblyman in California is facing this situation as three State Republican officials are pressuring him to resign and fold his campaign in the wake of domestic violence allegations from his wife. Assemblyman Roger Hernandez is in the middle of a divorce, and his wife is seeking a restraining order after claiming over 20 violent incidents during their three-year marriage.
Having this charge leveled against you can be very overwhelming, but understanding how the law views domestic violence and the restrictions imposed with restraining orders may make moving through the ordeal a little easier.
What are the Penalties for Domestic Violence in California?
When someone makes an allegation of domestic violence, California has several provisions in the penal code a prosecutor could use to bring charges. The first is the battery, which is the “willful and unlawful use of force or violence” against another person. The maximum penalty for this offense is a $2,000 fine and/or six months in the county jail.
If the prosecutor decides to elevate the charge to one involving violence against a spouse or partner, the possible penalties include fines up to $2,000 and one year in county jail.
Alternatively, if the sentence is for probation, there is an automatic condition that the defendant attends a one-year batterer’s treatment program. If the prosecutor chooses to charge a defendant with a battery that resulted in serious bodily harm, the sentence is a minimum of one year in jail.
Finally, there is an offense for corporal injury to a spouse or partner that is used when the allegations include claims of causing internal and external wounds that carries a sentence of one year in jail and/or a fine up to $6,000 if charged as a misdemeanor, or two to four years in state prison if charged as a felony.
How Do Restraining Orders Work?
Typically, when someone is accused of domestic abuse by a family member, there is also a corresponding petition filed asking for a restraining order. A restraining order essentially limits the ability of a person to interact with a specific individual and is granted if the petitioner can show there is a threat of or previous abuse.
Further, in the context of domestic violence, in order to be eligible to ask for this restraint, the individual filing the petition must be married, living together, divorced, separated, dating, share a child, or be related as an in-law through a current marriage to the person named in the petition. Abuse can cover a wide range of behaviors and includes written and spoken communications as well as physical altercations.
The primary actions a restraining order will address include:
- requiring the accused to move out of the shared home;
- imposing child and spousal support;
- setting out who gets possession of the certain property, such as the family home and car;
- prohibiting contact between the accused and accuser, and any family members that reside with the accuser; and
- blocking the accused from possessing guns or ammunition.
These orders are issued on a temporary basis within one business day of filing a petition and remain in effect until a hearing to determine if the order will continue.
The court can extend the order up to five years, and if the order is violated, the restrained person can be arrested and charged with additional crimes. No matter the details of the accusations against you our restraining order attorney can help protect your rights.
The Damage of False Accusations of Domestic Violence
Domestic violence is a physical act against a person with whom an individual has a special and often intimate relationship, such as a spouse or former spouse, a cohabitant, the other parent of an individual’s child, a fiancée or former fiancée, or anyone with whom the individual has or had a dating or engagement relationship.
The primary problem of false accusations, generally, and especially false accusations of domestic violence, has to do with perception. In other words, when one is initially accused of domestic violence, there is an initial perception by everyone involved that the accuser is speaking the truth. As a result, there can be a severe backlash against the accused.
While not everyone is as well-known as a professional athlete, the backlash can nevertheless be just as severe if against one who is not well-known. Friends, co-workers, and family will reflexively reduce communication and contact with the accused, making him/her feel overwhelmed and insulated, when, in reality, he/she is the victim.
How to Beat a False Domestic Violence Charge?
As stated above, if presented with a false allegation of domestic violence, do not try to go it alone. The feeling of insulation may lead to frustration, which may lead to other potential issues that could be more difficult to combat.
Rather, it is best to act proactively. Thus, if the relationship begins to sour, and one person believes the other may file a false claim of domestic violence, the first thing that should be done is to contact a criminal defense attorney experienced in domestic violence.
These attorneys will be able to help the person in this situation understand what options he/she may have at his/her disposal. Additionally, the attorney will help the potentially accused individual gather evidence in case the accusations, in fact, are made.
In addition to practical steps a person can take to defend against domestic violence accusations, one’s attorney has several avenues to fight this charge in court, including:
- proving the injury was the result of an accident;
- showing the accuser’s injuries were not caused by the defendant;
- establishing the defendant acted in self-defense or defense of others; or
- prove the accusations were false and motivated by issues such as anger, jealousy, or to gain the upper hand in other legal proceedings.
Further, depending on the circumstances, it may be prudent to plea to a lesser offense to avoid the serious consequences of a domestic violence conviction. One final option that may be available is to obtain a pretrial diversion, which requires the defendant to enter a batterers’ program.
Successful completion will result in a dismissal of charges, and effectively erases the criminal case for most purposes.
Protecting Yourself Against False Domestic Violence Accusations
Being accused of a crime is a serious situation that requires swift and forceful defense by a seasoned criminal defense attorney who knows how to protect your rights.
The Manshoory Law Group, APC, located in Los Angeles, works to bring the best possible results for their clients and can help you with your legal problems. Contact us for a free consultation.
Jun 16, 2016
An image capable of striking fear into almost every driver on the road is the ubiquitous red and blue flashing lights in the rearview mirror signaling that the police are pulling someone over. Most drivers have some idea why the police might be stopping them, but there are certainly times when a driver may have no clue. This confusion could, perhaps, allow a driver to let his/her guard down, and unthinking, follow directions given by the police the law does not require a driver to follow. This situation is particularly likely to occur when the police are stopping someone for a suspected DUI.
Police tend to be aggressive and demanding in stops of this type, so it is important for drivers to know and exercise their rights to do or not do certain things. This need to protect your rights is especially important in light of a bill currently under consideration by California legislators that would require anyone convicted of a DUI to install an ignition interlock device in their vehicle for a minimum of six months as part of their sentence. This device acts as a Breathalyzer by measuring blood alcohol levels to prevent an intoxicated person from starting a car.
This is an onerous and expensive mechanism of punishment that is best avoided if at all possible. Consequently, an overview of what constitutes a DUI under California law and the rights you may exercise when stopped on suspicion of this offense will follow below to help drivers limit the likelihood of arrest and/or conviction.
What is Driving Under the Influence (DUI)?
Under California law, is it illegal to drive a car while under the influence of a drug or alcohol? This provision does not place a limit on the amount of alcohol consumed, but instead prohibits driving a car after drinking any amount.
Further, there is also a legal limit for alcohol consumption of 0.08, and anyone measuring a blood alcohol level of this amount or higher within hours of operating a vehicle is considered legally intoxicated, and in violation of the law. Prosecutors usually charge a person with both offenses even though only one act of drinking and driving occurred.
However, a person can only be punished for one crime even if convicted of both. The possible sentence for a first offense is up to six months in jail and three to five years of probation. If probation is not prescribed, the minimum jail sentence is 96 hours and can go up to 6 months.
There is also a fine that ranges from $1600 to $2000, and a license suspension for 6 months by the DMV, which has its own administrative process entirely separate from the criminal case. What all of the foregoing means is anyone stopped for suspected DUI must do what they can to limit their contribution to any case the police are trying to build against them.
What to Do if You Get Stopped for a Suspected DUI?
First, it is important to know that a driver is not required to participate in field sobriety or portable field breath testing at the scene of the stop. A field sobriety test is a series of exercises intended to test a person’s balance, coordination, and attention.
The police officer uses his/her own interpretation to determine the results, making this test highly subjective and unreliable. Further, portable breath testing devices also have reliability issues because they do not distinguish the chemical compounds detected, and this can lead to false results.
Second, once arrested, the officer must advise the driver of his/her constitutional rights, including the right to remain silent and to speak with a DUI defense lawyer.
Finally, once at the police station, the individual must be given a choice between breath and blood testing to determine the alcohol content. But, know that if both tests are refused, the person’s driver’s license is automatically suspended for one year.
Talk to a DUI Attorney
If you were arrested for DUI, obtaining competent legal counsel is one of the biggest concerns you will have. An experienced criminal defense lawyer will know how to attack the prosecution’s case and help to get your sentence, or even the case, dismissed.
The attorneys at the Manshoory Law Group, APC in Los Angeles understand how overwhelming this process can be, and will work to get you the best possible outcome. Contact us for a free consultation.
