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Merely being suspected of committing a crime, regardless of whether a defendant is charged, is an extremely nerve-racking experience. Initially, dealing with law enforcement, which is structured to be an intimidating situation, can tend to make even the toughest cringe in fear. In some cases, once this procedure is over, there may be a waiting period while the prosecutor reviews the evidence to determine whether to file charges. Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensure that the accused has an effective defense but also to ensure that the prosecutor does not violate the applicable statute of limitation.
A Texas man, arrested on a narcotics charge in 2012, was matched with DNA evidence linking him to multiple homicides nationwide and covering the years from 1970-2005. In the end, the man, who confessed to the Texas Rangers of committing nearly 90 murders, could very well be this country’s most prolific serial killer. A discussion of the statutes of limitation, generally, as well as the different time limits in California’s criminal code, will follow below.
What is the Process for a Prosecutor to Charge You With a Crime
You might worry or wonder about what happens next if you’re accused or suspected of a crime. Specifically, a lot of suspects wonder how long does it take to press charges on someone and how long does the DA have to file charges? In this guide, we’ll answer the key questions you need to know, including how long does the district attorney have to file charges? We’ll look through the various stages of the process for filing charges and see how and why a prosecutor might decide not to press or proceed with criminal charges.
Arrest and Police Report
Of course, the first stage in most criminal situations is an arrest. Not all crimes will involve an arrest – for example, getting a parking ticket doesn’t usually lead to any kind of arrest report – but many serious crimes will involve the arrest of a suspect by the police.
After arresting a suspect, law enforcement will move on to filing a police report. This report describes the cause of the arrest and the details surrounding it, like any witnesses, the nature of the crime, the location, and so on.
The police report is one of the main resources that the prosecutor will use to determine whether to file charges, not pursue any charges, or refer the case to a Grand Jury and ask for their guidance on the next steps.
Deciding to Prosecute
In the US justice system, simply being arrested does not automatically mean you’ll have charges filed against you. It’s all up to the prosecutor, or DA, and they have to take several factors into account, including:
Use of Resources – There are limited resources available to handle cases, and it’s simply not feasible to file charges against everyone. The prosecutor has to decide which cases are a good use of the resources they have.
Policies – Each prosecutor usually has a set of policies regarding which crimes they tend to file charges for and which ones they’re more lenient towards.
Beliefs – The prosecutor’s own beliefs and subjective opinions on the concepts of justice and order can also come into account. They might have very strongly-held beliefs about specific kinds of crime, for example.
So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they’ll make the decision within just a few days, well within the statute of limitations.
Grand Jury Indictment
We’ve looked at how long it takes to press charges on someone, but in some cases, the DA might decide not to press charges right away and instead go to a Grand Jury. The Grand Jury then decides if charges should be filed, based on the evidence presented by the prosecutor.
Preliminary Hearing
In some cases, a judge can organize a preliminary hearing in which they listen to evidence from the prosecutor and make the final call about whether or not there is sufficient evidence to proceed to a full trial. How long does the DA have to file charges for a preliminary hearing? Again, it’s usually just a matter of days.
Criminal Charges
If you’re facing criminal charges of any kind, you might have many other questions to ask, as well as wanting to know how long the district attorney has to file charges. A criminal defense attorney can help, and it’s recommended to contact a trusted attorney as soon as possible to get the best level of protection and support.
Statutes of Limitation
Although criminal cases follow a typical routine, there is a specific time period within which charges can be filed against an individual. This time period is set forth in a statute of limitation. Generally, statutes of limitations are laws that set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.
The purpose of statutes of limitations is to protect defendants. As time passes, defendants may lose evidence or not be able to support his/her defense. Additionally, as alluded to above, litigation of a long-dormant criminal charge may result in more cruelty than justice.
California’s Statutes of Limitations
Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically, the general limits on filing criminal charges are:
Felonies punishable by imprisonment for eight years or more – six years after commissioning of the crime;
Other felonies– three years; and
Misdemeanors – one year.
Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one-year statute of limitation, while one set as a felony would be either three or six years, as appropriate.
There are two exceptions to the above time periods. First, crimes punishable by death or life in prison (regardless of the possibility of parole), or the embezzlement of public funds, may be brought at any time. Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature (i.e., rape, sodomy, etc.), charges may be brought within one year of the establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed. Thus, in these instances, the statute of limitations begins after DNA testing has been completed and a suspect identified, and not when the crime occurred.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, or suspect that you may be charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys understand the situation you are facing and can help you navigate the criminal system. We will work to ensure your rights are not infringed, or, if so, to have the charges against you dismissed. Attorneys are available 24/7 to take your call. Contact our Los Angeles criminal defense firm today for an initial consultation.
Firearm laws vary from state to state, and the purchase of a gun can be more difficult in certain areas than in others. When it comes to buying a gun from someone or buying a firearm as a gift, things can get confusing. Can you legally buy a gun for someone else? Is it legal to buy a gun from someone?
For those of you in California, we have the answers. Whether it’s to transfer a firearm, purchase a firearm, or buy a gun for someone else, here’s what you need to know regarding both federal law and state law. Read on to find out if buying a gun for someone is legal in California.
Is it Legal to Buy a Gun From Someone?
Federal law states that you can buy a firearm as a gift, so long as you, the buyer, are registered as such. Even if you’re technically buying the gun for someone else, you will be treated as the “actual buyer” in the transaction. Furthermore, you’ll also need to make sure that the gun will be treated as a bona fide gift.
A “gift” in the legal sense is something that you give to someone without any form of compensation, whether that be money or something else of monetary value. The recipient of the said gift must also not be legally prohibited to own a firearm.
It’s also worth noting that background checks are not required by federal law when it comes to private gun sales, but firearms dealers will need to do so.
California Gun Purchasing Laws
Of course, federal law can be overridden by state law, and California has some rules regarding guns and gun laws. For example, open carrying is generally considered prohibited in California. When it comes to purchasing guns, you’ll have to do so through a dealer, even if the sale is private. All sales must be recorded by the state.
Can You Buy a Gun as a Gift for a Friend or Family Member in California?
Can you buy a gun as a gift? Can I buy a gun for someone else? The answer, simply put, is yes, but the method of doing so isn’t the same as in other states. Whether it’s for yourself or as a gift, you’ll need to transfer the firearm via a local retailer or dealer. This is a requirement, and you will need to do this for dealer sales and private sales. The same sort of requirement is followed in states such as New York, Oregon, Rhode Island, and Colorado, among others.
So if you’re wondering, “Can I buy a gun for someone else?” in California, you can – just through a licensed retailer or dealer.
Out-of-State Guns Must Come Into California Through a Dealer
California has laws pertaining to bringing firearms into the state. Can you legally buy a gun for someone else? Yes, but that doesn’t mean you can bring them to California as you, please. Residents of California must ship their firearms to a licensed dealer, after which the dealer will perform a background check.
It can take around 10 days before you can get your firearm back, but you can be exempt from this requirement in a few ways. If you are listed in a firearms registry and own the guns you plan on bringing, then you’re good. If you have a California license for a handgun, then you’re in the clear, too.
Penalties for Bringing Guns Into California Illegally
Most of the time, the penalty for bringing guns to California illegally is a misdemeanor. This means up to six months in county jail and/or a $1000 fine. However, if you were convicted of the same crime or are not legally allowed to own a gun, then you’ll be charged with a felony instead.
Contact Manshoory Law Group for Legal Help
If you have questions such as “Is it legal to buy a gun from someone?” or “Can you legally buy a gun for someone else?” then don’t worry. At Manshoory Law, we can provide legal assistance. If you’re not sure why are California gun laws the way they are, we’ve got you covered. Contact us if you’re looking for a reliable criminal defense attorney.
In the past, the state of California made a distinction in regard to rape within marriage and outside of marriage, with the terms “marital rape” or “spousal rape” applied in situations where a person was raped by their spouse. Marital rape statistics suggest that this occurs in 10-14% of marriages in the US, with 1/3 of women stating that they have felt pressured or coerced into forced sexual intercourse with their partners.
However, the situation regarding marital rape in California has since changed. In 2021, the state’s legislature enacted a new bill, known as Assembly Bill 1171, which repealed the spousal rape law in California. This means that, since the law was repealed, rape in marriage is subject to the same penalties as rape outside of marriage.
What Is Marital Rape or Spousal Rape?
Prior to the repealing of California’s spousal rape law, the definition of spousal or marital rape referred to any situation in which sexual intercourse or activity takes place without a spouse’s consent. The former statute, Penal Code 262, or PC 262, solidified this definition as part of California’s marital rape laws.
Specifically, PC 262 listed various examples in which the term marital rape could apply. For example, a situation in which a spouse has sex with their partner when the partner is sleeping or unconscious after drinking heavily, or if a spouse uses threats of domestic violence or harm to force their partner into sexual activities.
A Brief History of Spousal Rape Laws
In order to better understand why PC 262 was repealed, it’s important to understand the history of marital rape laws, both in California and elsewhere. For many years, up to the 20th century, it was generally believed that wives were regarded as the “property” of their husbands. This effectively created a culture in which husbands could do as they wished with their wives.
This extended to sexual acts, as well. It was generally understood that upon marriage, a wife forgave her right to consent or refuse sexual intercourse, and was expected to comply with her husband’s sexual demands. Because of this, husbands were granted “spousal rape exemptions” by every state, effectively protecting them against accusations of rape by their wives.
However, as times went by and attitudes evolved, the general consensus began to shift. In the latter stages of the 20th century, specifically in the 1970s, states started to repeal these exemptions. By 1993, all 50 states repealed the exemptions, but several states still treated marital rape as a different kind of crime to rape outside of marriage.
Why Was California Penal Code 262 PC Repealed?
Penal Code 262 was in place for a long time, but the law came under pressure in recent years as feminists and advocates for equal rights argued that spousal rape should not be considered any less serious than other forms of rape. They demanded that the marital rape laws be changed in order to reflect that viewpoint.
In California, for example, according to PC 261, it was possible for spousal rape defendants to use a plea bargain to reduce their sentence to probation, rather than time in prison. Judges in these cases were also able to keep defendants off the sex offender register, which is not the case for regular rape defendants.
Many people took offense at these exceptions and disliked the way that spousal rape was seemingly treated as a lesser crime. They argued that rape in all of its forms is a highly serious offense, and wife or husband rape should not be seen as any less grave than stranger rape. Many rape survivors and victims of sexual abuse also supported this argument.
Most Common Type of Marital Rape
There are various types of rape in marriage. Examples include force-only rape, in which one spouse uses power and control to force the victim into sexual intercourse, but does not proceed to make use of stronger levels of physical violence.
Battering rape is another variety, in which actual physical violence and sexual violence are used. This may involve a wife being beaten by her husband either prior to or during a rape, and this kind of rape is categorized by a spouse using a significant level of force to overpower and harm their victim. It is a severe form of sexual assault.
Finally, there is also obsessive or sadistic rape, which involves a spouse torturing their partner and committing repeated acts of sexual perversion, typically connected to their own sexual obsessions or perversions. This may involve painful sexual acts that the spouse is forced to commit. Marital rape statistics show that the most common variety reported to law enforcement is battering rape.
How Do Prosecutors Prove Marital Rape?
Prosecuting a marital rape case can be difficult. Often, spousal rape victims may suffer high levels of trauma associated with their situation of intimate partner violence, and they may feel under pressure about whether or not to testify due to things like children, other family members, and their relationship with their spouse.
Juries sometimes also have doubts about whether or not a case of rape actually occurred, but prosecutors can use various tools to help in their cases. They may try to find other witnesses to provide testimony aside from the victim, as well as build evidence to show domestic violence and unbalanced power dynamics in a relationship.
Marital Rape Statute of Limitations in California
The spousal rape statute of limitations in California is now the same as the statute of limitations for regular rape: indefinite. In other words, there is no spousal rape statute of limitations, and victims can take action against their abusers even several years after a rape has occurred. This is true for all crimes committed after Jan 1 of 2017. Rape statutes in other states can vary.
What Are the Penalties for Marital Rape?
Rape is charged as a felony in the state of California, rather than a misdemeanor or infraction. A convictedrapist can be sentenced to a prison term of up to eight years. Convicted rapists can also be registered as sex offenders for the rest of their lives.
What To Do if You Are Charged with Marital Rape
If you have been charged with marital rape, the best course of action is to get a lawyer as soon as possible. A legal professional will be able to argue your side of the story and potentially build up evidence to help you defend against a false accusation or reduce the possible sentence that you may receive.
What Are the Best Defenses For Rape Charges?
A criminal defense attorney can help those who have been accused of marital rape, and they may make use of various common defenses, including:
Consent – A defendant may try to show that their spouse consented to any sexual act or that they believed consent had been given.
False Claim – The defendant may also argue that the claim is entirely false and that no rape occurred.
Partially False – The defendant’s lawyer may also argue that the claim is not as severe as it seems and that other sexual acts took place, but not actual intercourse.
Contact a Marital Rape Lawyer Today
If you’re involved in a marital rape or non-marital rape case, it’s important to have proper legal representation and counsel to help you get the best possible result. A Los Angeles rape defense lawyer can help. Contact us today to discuss the details of your case and find out how we can help.
Due to the difficult circumstances and situations in which they often find themselves during their service, many veterans return to civilian life as changed people. They can feel isolated, alone, overwhelmed by their experiences, and even traumatized by their memories. This may lead to them becoming involved in criminal affairs or legal trouble.
In fact, statistics show that veterans who struggle with mental health issues or addictions upon their return home have a higher likelihood to get into legal trouble. The Veterans Court in California aims to provide some kind of solution to this problem, giving veterans another way out, rather than forcing them through the traditional path of the criminal justice system.
What Is Veterans Court in California?
In simple terms, Veterans Court in California is a special program that is available to certain former members of the military who find themselves facing criminal charges. The aim of the Veterans Court program is to give veterans a way to avoid jail time and a criminal record by providing the veterans with certain treatments and services, like court-ordered rehab and counseling.
Provided that the veteran in question meets the Veterans Court requirements, they can be accepted into the program and essentially placed on probation. They will then be required to complete four phases of the program. If they successfully complete the program, the veteran can withdraw their plea and the case can be dismissed by a judge.
In other words, the Veterans Court program represents a good opportunity for any veteran who might find themselves facing a prison sentence. Instead of having to go behind bars, the person can get their whole case dismissed, as well as get some help with rehabilitation, with the help of the Department of Veteran’s Affairs, as long as they meet the Veterans Court eligibility requirements.
How Does Veterans Treatment Court Operate?
The Veterans Court treatment program is quite complex, but structured. Participants are supported by their own team of specialists, including veteran mentors, a judge, a probation officer, and counselors. These professionals help and support the patient during the four phases of their treatment:
The first phase is usually regarded as the hardest. It involves a full evaluation of the veteran and a customized plan tailored to their needs, which lasts around four months. It involves weekly court meetings, progress reports, random drug testing, and more.
The second phase is a lot like the first, but a little lighter in terms of the number of meetings and reports. It lasts around three months.
Phase three of the program involves fewer tests and meetings, running for a total of five months.
Finally, the last phase is designed to help the veteran return to regular life. It still involves some meetings and treatments, but usually concludes with job training offers, education, and other services.
Am I Eligible for Veterans Court in California?
Veterans Court eligibility is something that any veteran will need to be clear on before taking part in the program. You have to meet certain Veterans Court requirements, and the requirements for Veterans Treatment Courts can actually vary from court to court.
In general, these criteria need to be met:
The individual needs to have served in the armed forces
(Army, Navy, etc.) They must have pleaded guilty in a criminal case
They must be suffering from some kind of injury or health problem, like traumatic brain injury, PTSD, MST, or something else
They must agree to participate in the program
The program exists to assist veteran people in need of help, but it does have some limitations. Those involved in sex or gang-related crimes may not qualify, for example. A criminal defense lawyer can help you find out more about eligibility.
Who Is Eligible for Military Diversion?
It’s important to note that the Veterans Court Diversion Program, or Military Diversion, is not the same as a regular Veterans Court. The Veterans Court Diversion Program is for veterans charged with a misdemeanor who has not been previously convicted of anything similar and have not had any diversion in the past.
How Do I Apply for Veterans Court in California?
If you want to apply for Veterans Court DUI or some other criminal charge, the process will vary depending on your local jurisdiction. The best thing to do is contact an attorney and find out about your eligibility. Your attorney will then be able to request the court to allow you onto the program.
Typically, the court will order some kind of mental health assessment or evaluation, and the judge will meet the applicant and their defense team to learn more about them before deciding whether to admit them to the program or not.
The process is usually quite quick and easy in some cases. For example, if a Veterans Court DUI claimant has a history of drinking problems, the case should be clear to see. But other cases can be more difficult to evaluate and take longer.
Does My Jurisdiction Offer a Veterans Court in California?
There are over 20 courts in California that authorize Veterans’ Treatment Programs, with more than 100 locations up and down the state. Contact our professionals today to find out if your jurisdiction provides this veterans service.
While any arrest would make most people worry, when the crime at issue is a violent crime, even the toughest may shudder. Unlike so-called minor or non-violent crimes, those crimes deemed to be violent typically carry with them substantial penalties, and, in most cases, substantial prison time which may include life in prison or capital punishment.
Being accused of any crime, let alone a violent crime should necessitate the retention of an experienced criminal defense attorney, especially one with experience in violent crimes, to ensure that the defendant can establish as aggressive and effective defense as possible.
But, just what is a violent crime? Unfortunately, violent crime definition is not as cut and dry as one would expect. Like the phrase assault weapon, a violent crime may mean different things to different legislatures in different States, as this article illustrates.
What Are The Different Types Of Violent Crimes In California?
Pursuant to California law, the following is the list of violent crimes in this state:
Murder or attempted murder, or voluntary or involuntary manslaughter;
Mayhem, or deliberately causing a permanent disfigurement of another;
Rape (including spousal rape), sodomy, oral copulation, or sexual penetration;
A lewd or lascivious act;
An act in which the defendant inflicts great bodily injury on another;
Violent crimes are treated with extreme seriousness by the California criminal justice system, and any individual convicted of this kind of crime should expect to be prosecuted to the fullest extent of the law. Since most violent crimes are felonies, it can be expected that any prison term will be greater than one year in a California State prison. Moreover, fines, probation, and other court-mandated actions may also be assessed against the convicted individual.
Additionally, although an individual convicted of a violent crime can be expected to spend substantial time in prison, there is an even greater and more devastating consequence that will await the individual upon release from prison. Repercussions of a conviction can extend beyond the penalties themselves. By way of example, convicted individuals may face limited opportunities in both the job and housing markets. Most professional licenses will be revoked, and the ability to obtain such a license after release will be severely curtailed. Most property owners will be hesitant to rent to individuals with a violent crime on his/her criminal record. Additionally, the ability to obtain credit will also be drastically reduced. Finally, in many cases, even if the convicted individual had financial stability prior to conviction, the sheer cost of the trial will most likely deplete this stability, in addition to any fines that are assessed.
It should also be noted that California has a “Three Strikes Law.” According to this law, the conviction of a violent crimemay result in an automatic 25-year sentence, with the possibility of extension to a life sentence, if the convicted individual has had prior convictions for other violent crimes.
Do you need a Criminal Defense Attorney for Violent Crimes in California?
If someone you love has been arrested on suspicion of committing a violent crime, it is essential that you contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have years of experience in criminal defense and can give you or your loved one truly effective counsel. The attorneys there are available 24/7 to take your call. Contact our lawyers today for an initial consultation.
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