​​Understanding DNA Evidence in Criminal Cases

Sep 15, 2022

DNA evidence is a powerful tool that can be used in criminal cases to help determine the guilt or innocence of an accused individual. The problem is, that there are many factors that can influence the reliability of DNA evidence and, as a result, the outcome of a case. In this post, we’re going to discuss some of these factors, including what DNA is, how it works, and how it can be used to help determine whether or not someone is guilty.

What is DNA Evidence?

DNA evidence is the most powerful forensic tool available to law enforcement. It can be used to identify people, determine the source of biological material, and even provide information about the health of an individual.

Your DNA profile, just like your fingerprints, is unique and cannot be replicated by anyone else. This makes DNA evidence incredibly valuable when it comes to determining the identity of an individual and proving their involvement in a crime.

When was DNA Evidence in Criminal Cases First Used?

Forensic DNA analysis and DNA profiling were first used in 1986 when the UK police requested suspect verification for two rape-murder cases. Dr. Alec J. Jeffreys of the University of Leicester found out, through forensic DNA evidence, that the suspect did not commit the crime. This was a game-changer in the DNA testing field, and it led to the development of using DNA evidence in criminal cases.

What Type of Evidence is DNA?

DNA is biological evidence, which is a type of physical evidence that can be used to help prove or disprove a person’s involvement in a crime. The following types of DNA evidence include:

• Fingerprints
• Bloodstains
• Blood
• Bodily fluids
• Saliva
• Blood
• Urine
• Skin cells

Gathering DNA Evidence

In order to collect DNA evidence, law enforcement must first obtain a sample of biological material from an individual. The sample is then analyzed to determine the presence of DNA. Once the DNA sample is collected, it is sent to a lab where it is analyzed and compared to DNA samples of known individuals.

Identifying DNA Evidence

The process of identifying DNA evidence is called DNA amplification. It’s accomplished by extracting the DNA from the biological sample and then amplifying it to make it easier to detect. In just a few hours, millions of copies of a specific sequence of DNA are made from the original sample, and then they are analyzed to determine if they match any of the DNA profiles in the suspect database.

Is DNA Class or Individual Evidence?

Class Evidence – When a piece of evidence is collected from a group of people, such as a family or a group of suspects, it is called class evidence. It helps to narrow down the pool of possible suspects, but it doesn’t prove that any one person committed the crime.

Individual Evidence – This is a type of evidence that can exactly pinpoint the identity of a suspect. Examples of individual evidence that can directly incriminate someone includes fingerprints, blood, semen, saliva, hair, skin cells, or bodily fluids.

Is DNA class or individual evidence? DNA is individual evidence because it can identify a suspect and prove that they committed a crime.

How is DNA Evidence Collected and Packaged?

When a crime is committed, the police will collect evidence from the scene of the crime. If the crime involved bodily fluids, then the police will also collect saliva, blood, urine, and other bodily fluids from the scene. They will then package the evidence in a sealed container to avoid any contamination.

The next step is to take the evidence to a laboratory. The lab will extract the DNA from the biological sample, amplify it, and then compare it to the DNA profiles of known individuals. The DNA profile of the individual whose DNA is being tested is compared to the DNA profile of the biological sample. If the DNA profile of the biological sample matches the DNA profile of the suspect, then the suspect is identified.

What are the Different Methods of DNA Testing?

Generally speaking, there are four types of DNA test analysis: Polymerase Chain Reaction (PCR), Short Tandem Repeats (STR), Y-Chromosome, and Mitochondrial DNA.

• Polymerase Chain Reaction (PRC) – PCR is a method that is used to amplify the DNA sample. This is done to increase the number of copies of DNA that are available for analysis. PCR is a highly reliable method for DNA analysis because it is accurate and reproducible.
• Short Tandem Repeats (STR) – STR is commonly used in forensic laboratories, paternity tests, and missing persons cases. Extracted DNA is added to chemical agents and then heated, which causes the DNA to separate into two strands. The number of repeats in each strand is unique, which makes it possible to determine the identity of the person whose DNA was extracted.
• Y-Chromosome – A Y-Chromosome DNA test is used to identify males. This is the only type of DNA test that can be used to determine the sex of a person. Y-chromosome is inherited from the father.
• Mitochondrial DNA – Mitochondrial DNA is inherited from the mother. It is present in all human cells and is found in the mitochondria, the energy-producing parts of the cell.

What are the Limitations of DNA Evidence?

While DNA evidence is extremely reliable, there are some limitations to consider. In some cases, DNA evidence may not be conclusive. For example, if a suspect has been in a car accident and his DNA is on the steering wheel, then the DNA evidence may not be enough to identify him as the driver. This is particularly true if the car in question is being rented out or used by more than one person.

DNA evidence can also be unreliable if the biological sample is contaminated with other people’s DNA. This is especially true if the sample is taken from an area where many people are gathered, such as a crime scene.

Can DNA be Used to Prove Someone Guilty?

The criminal justice system has come a long way since the days when fingerprints were the only form of identification. Today, DNA evidence is considered the legal standard for proving someone’s guilt. It is used in almost every case where a suspect is accused of committing a crime.

DNA test results also help innocent victims of wrongful convictions and exonerate them. Not to mention that the use of DNA has led to the conviction of thousands of criminals and helped solve hundreds of cold cases.

How is DNA Used as Evidence for Crimes?

DNA evidence is used in criminal investigations to identify suspects, link suspects to crimes, and exonerate innocent suspects. DNA profiling is one of the most important tools in the criminal justice system and is used in almost every criminal investigation.

What is DNA Profiling?

DNA profiling is the process of comparing DNA evidence with known DNA profiles. This allows law enforcement to identify the suspect and determine whether or not they committed the crime. When a DNA profile is obtained, it is compared to a DNA database of individuals who have been convicted of crimes.

DNA profiling is also used to match DNA samples from crime scenes. This is especially useful in cases where the victim has been killed and the perpetrator has left behind a sample of his or her DNA. If there are a group of suspects, then DNA profiling can be used to link them to the crime.

In order to use DNA evidence, investigators must obtain a DNA sample from the suspect. This can be done through a voluntary search of the suspect’s body, such as a blood sample or hair sample. If the suspect refuses to provide a DNA sample, then investigators will obtain a court order to force the suspect to give a DNA sample.

Is DNA a Reliable Source of Evidence?

Yes, DNA evidence is very reliable. In fact, it is often referred to as the “gold standard” of forensic science. It is considered the most reliable form of evidence because it is virtually impossible to fake or alters.

DNA evidence is also highly accurate. The accuracy of DNA evidence is based on the fact that DNA is a unique identifier. The DNA molecule contains a specific sequence of nucleotides that are inherited from the parents. Each individual has their own unique set of these nucleotides, and no two people have the same set. This means that DNA evidence can be used to, without a doubt, identify individuals who have been involved in a crime.

While the accuracy of DNA evidence is unquestionably accurate, it is not infallible. There are times when DNA cannot be used to prove someone’s guilt or innocence. For example, if it is contaminated with another person’s DNA, then the sample will not be able to accurately identify the suspect. This is very common when a person is being framed up for a crime, or when the crime scene has been tampered with.

“DNA planting” is a strong defense against a criminal charge, and is often used in murder trials. If you have been accused of a crime, you should contact an experienced criminal defense attorney who can review your case and advise you about your legal options.

What Is Carjacking in California?

Aug 1, 2022

Arrests and criminal charges are serious situations that need immediate attention. In fact, with the sheer multitude of crimes written into statute, not everyone can truly know whether they have done something illegal. Further, in some cases, the crime charged may be a lot more severe than the individual himself/herself even expected.

Retaining the services of an experienced criminal defense attorney is essential to having a viable chance at defending criminal charges and mitigating the damage to his/her life. One such crime that many people do not truly understand is a carjacking, and, especially the distinction between a carjacking and automobile theft.

How Does California Law Define The Crime of Carjacking?

So, what is carjacking? Pursuant to California law, carjacking is defined as the taking of an automobile in the possession of another individual, from his/her person or immediate presence, against his/her will, with the intent to either permanently or temporarily deprive that individual of the use of the automobile, accomplished by means of force or fear. Additionally, even though the automobile may not be in an individual’s possession, if that individual is a passenger, and the aggressor does the same things in the sentence above, the aggressor may also be charged with carjacking.

Is Carjacking a Felony in CA?

According to California Penal Code 215 PC, carjacking is a federal crime. Further, the law can impose severe penalties on an individual convicted of carjacking, including a “strike,” which falls under California’s “Three Strikes” law which can be enhanced depending on how the felon went about the carjacking. For instance, using a deadly weapon or causing injury to the victim can increase the severity of the penalties imposed.

What’s the Difference Between a Carjacking and Grand Theft Auto?

For the law to consider a crime to be a carjacking, an individual must take the vehicle using force or fear. However, if an individual steals a car that is unoccupied or when the owner is not in the immediate vicinity, the law considers the crime as grand theft auto or car theft.

How Does The Prosecutor Prove Carjacking?

To prove the accused is guilty of carjacking the prosecutor must show he/she took the vehicle against the will of the possessor of the car. Thus, to successfully prosecute the crime of carjacking, the prosecutor must provide evidence of the following:

• The defendant took an automobile that was not his/hers;
• The automobile was taken from the immediate presence of an individual in possession of the automobile or a passenger;
• The automobile was taken against that individual’s will;
• The defendant used force or fear to take the automobile, or to prevent the individual from resisting; and
• The defendant intended to deprive the individual of possession of the vehicle, either temporarily or permanently

It is important to note that there is a distinction between possession and ownership in the crime of carjacking. As such, even if an individual is the legal owner of the automobile, he/she is not allowed to use force or fear in order to regain it from someone else in possession of the automobile.

What is the Sentencing And Punishment For A Carjacking Conviction In California

Carjacking is charged as a felony under California Penal Code 215 and comes with up to nine years in prison. However, this sentence may increase if the carjacker used a weapon to acquire the stolen car:

• Armed with a Firearm

Under California PC 12022.53, aggressors who brandish firearms while committing a carjacking will get ten years in prison. However, should they fire a gun during the carjacking, the sentence increases to 20 years.

• Armed with an Assault Weapon

Irrespective of the firearm an aggressor holds during armed carjackings, the penalty equates to a minimum of ten years of prison time.

• Actually Using a Deadly or Dangerous Weapon

Finally, if the aggressor fires their weapon during the carjacking and, as a result, inflicts significant bodily injury or kills an individual, committing a violent crime, the sentence imposed falls anywhere between 25 years to life imprisonment.

What Offenses Often Charged Alongside Carjacking

Often, carjacking cases entail more than just forcibly removing the vehicle from an individual’s possession. As a result, a host of additional charges often accompany the carjacking conviction. Below, we discuss the most common ones.

• Robbery – Although carjacking is considered auto theft, an individual may be charged with robbery and carjacking, California law stipulates the law may only charge individuals for one of these offenses.

• Grand Theft Auto “GTA” – Depending on an individual’s criminal history and the circumstances of the carjacking, a prosecutor may choose to file the GTA charge as a felony or a misdemeanor. Should it become a misdemeanor, the aggressor may face an additional year in county jail.

• Joyriding /Auto Theft – Joyriding refers to unlawfully driving a motor vehicle that does not belong to you. Again this can be charged as a misdemeanor which involves a year served in county jail.

• Auto Burglary – If an individual carjacks a locked vehicle, prosecutors can file for an additional auto burglary charge, which is punishable by three years in state prison or one year in county jail.

• Kidnapping – If an individual commits a carjacking, detains the driver/passenger in the vehicle, and drives off with them, they have committed a kidnapping. However, a person cannot be charged with kidnapping and carjacking. As a result, the carjacking charge will be dropped, and the individual will be prosecuted for kidnapping, which carries a life sentence with the possibility of parole.

• Battery – If an individual uses force or violence against a passenger in dealing with them, this is considered battery. Prosecutors can file battery as a misdemeanor, carrying a six-month jail sentence.

What are the Legal Defenses of Carjacking?

Although carjacking is a crime, a criminal defense lawyer can use several legal defenses on their client’s behalf, which is why you should always contact an LA attorney. These defenses include:

• No Force/Fear: If an individual did not use fear or force to take the vehicle, they have not violated Penal Code 215 PC, the carjacking law in California.

• Consent: A carjacking only occurs when an individual takes a vehicle against the driver or passenger’s will. As a result, if the individual taking the car has consented, no carjacking has occurred.

• Mistaken Identity: Carjackings are stressful. As a result, the victim may incorrectly identify the aggressor, leading to a wrongful conviction and carjacking victimization.

• No Claim of Right: If an individual carjacks your vehicle, you are not allowed to use fear or force to claim it back or in preventing a carjacking, even though you are the rightful owner of the car. This is because California considers carjacking a crime against possession.

Can I Get Probation for Carjacking?

In some cases, the court may grant the convicted individual probation for carjacking. Typically this is usually for a period of three to five years. Further, the court may deem the probation as felony probation, in which case the defendant must have a probation officer.

What are California Criminal Statutes of Limitations?

Jul 7, 2022

If you have been a victim of a crime, and you are having second doubts about filing a claim against the person who committed the crime, you should know that the law requires that you file a claim within a certain time limit. If you fail to file a claim within the limitations period, the law will consider the case to be barred.

What is the Statute of Limitations?

The statute of limitations is a rule of law that governs the time in which a person can file criminal charges or civil cases against another person. This is an important rule because it protects people from having to defend themselves against lawsuits that are brought against them after years or decades have passed.

California Civil Statute of Limitations Laws

There are two types of statutes of limitations in California – the criminal statute of limitation and the civil statute of limitation. The first type of California statute of limitations is for civil cases. This type of statute of limitations applies to civil cases that are filed in a court of law. These cases include personal injury, property damage, and other types of claims.

Criminal Statute of Limitations in California

The other type of California statute of limitations is for criminal offenses. This type of statute of limitations applies to criminal cases that are filed in a court of law. These cases include murder, manslaughter, and other types of crimes.

• No Limitation – There is no time limit for offenses punishable by death or a life sentence, such as first-degree murder and treason.
• Six-Year Limitation – There’s a six-year limit for offenses such as first-degree robbery, arson, and kidnapping.
• Three-Year Limitation – Cases like theft of a firearm, grand theft, burglary, and assault with a deadly weapon have three-year statutes of limitations.
• One-Year Limitation – Code section 802(a) of the California Penal Codes state that aside from “as provided in subdivision (b), (c), (d), or (e),” if an offense isn’t ​​punishable by death or imprisonment, the statute of limitation would be one year.

Criminal Offenses and Their Statutes of Limitations?

While the most common statutes of limitations are one, three, and six years, there are also some other criminal offenses that have different statutes of limitations.

Below is a quick overview of the statute of limitations criminal for other offenses:

• 10 years – Charges of child pornography or failure to register as a sex offender after being convicted come with 10-year statutes of limitations.
• 5 years – Offenses related to elder abuse or crimes against dependent adults come with 5-year statutes of limitations.
• 4 years – Crimes including, but not limited to theft from an elder, fraud, breach of fiduciary obligation, and public official misconduct come with 4-year statutes of limitations.
• 3 years – Crimes like theft of a firearm, burglary, and assault come with 3-year statutes of limitations.
• 2 years – Sexual misconduct by a therapist or a physician comes with a 2-year statute of limitation.

What Crimes Have No Statute of Limitations in CA?

There are certain crimes that have no statute of limitations in California. This means that even though the crime was committed years or decades ago, the victim can still bring a lawsuit against the perpetrator.

Capital crimes, including murder, manslaughter, and other violent crimes have no statute of limitations in California. A capital crime is defined as a crime that carries a penalty of death or life imprisonment without the possibility of parole.

What is an Exception to the Statute of Limitations?

Tolling refers to the reinstatement of the statute of limitations after it has expired. It is a method used to extend the period of limitations, in the event the victim is incapable of bringing a case within the time limits.

In order to toll the statute of limitations, the following conditions must be met:

• The victim is a minor or below 18 years of age.
• The victim was declared mentally incompetent.
• The victim is in prison.
• The victim is currently in military service.
• The victim is incapacitated or in a coma.

Tolling is not automatic. You can only get the benefit of tolling if you meet the conditions listed above. The court evaluates each case on its own merit, so it’s best to consult an experienced criminal defense attorney if you’ve been charged with a crime. A criminal law expert can help protect your rights and better understand your legal options.

When Does Statute of Limitations Start?

When the victim of a crime becomes aware of the injury and the identity of the person who caused the injury, the statute of limitations starts to run. This is known as the discovery rule. The discovery rule allows the victim to bring a lawsuit even if the crime occurred years or decades ago.

This is particularly beneficial for those who have been a victim of crime during their childhood. The same concept applies to elderly people who are no longer capable of speaking for themselves.

Can I Still Sue After the Statute of Limitations Passes?

Generally speaking, when the statute of limitations has passed, you can no longer sue the person who committed the crime. Unless you are eligible for tolling, you cannot sue someone after the statute of limitations has passed.

When you are a victim of a crime, you should report it to the police as soon as possible. You don’t want to wait too long. Once the statute of limitations expires, you will no longer be able to file a lawsuit. That’s why it’s important to know what your rights are and to take action immediately.

If you have been accused of a crime that has happened years or decades ago, one of the strongest possible defenses that you can use is to claim that the statute of limitations has expired. In order to prove your innocence, you need to hire a professional law group or firm that specializes in criminal law to help you prepare a strong defense and make sure that you don’t get a conviction.

What Is a Hate Crime in California?

May 27, 2022

The federal legislation recognizes the term hate crime as a “traditional offense with an added bias element.” That indicates anything from vandalism to arson and murder, with the difference that the victim was chosen because of its ethnicity, race, disability, religion, or other specific elements.

Each state can have a different hate crime law, so what about the statutes in California? Here is what you should know about how hate crimes are regulated in this state!

What Is a Hate Crime?

A hate crime has many offenses as the underlying crime. That varies from physical assault, bullying, and harassment to mail crime, property damage, offensive letters, and graffiti.

The critical component of a hate crime is that the victim belongs to a particular social group. Actually, it’s enough for the offender to believe that they are a member of that group. It could be a specific nationality, race, religion, sexual orientation, or gender identity. Some even have a bias toward a physical appearance, and that prejudice can lead to a hate crime.

You can report hate crimes to authorities. According to reports, there were 1,530 hate crimes in California in 2020. The motivation for over 1,000 offenses was racial bias. Most hate crimes were violent crimes, ranging from intimidation to aggravated assault.

Unfortunately, hate crime statistics don’t show the deterioration of bias-motivated violence after implementing this law.

Does Los Angeles Have a High Crime Rate?

According to the 2018 Los Angeles County Commission on Human Relations hate crime report, there was an increase in these crimes by 2.6% in 2018.
That year, the number of reported hate crimes was 521 which was the largest amount the city has seen since 2009.

Racially-motivated hate crimes made up the majority of hate-related crimes that year at 52%. While religious crimes were on the decline in 2018, anti-Jewish crimes were rising by 14%. Hate crimes where there was anti-Jewish sentiment made up an overwhelming amount of the religion-motivated crimes at 83%.

African-Americans were the most victimized in racial-hate crimes in the county and a highly victimized group in both anti-transgender crimes and sexual orientation crimes. African Americans make up 9% of those living in Los Angeles Count, but they are targeted by racial hate crimes 49% of the time.

The Metro SPA Region had the most hate crimes reported. San Fernando Valley was next for most reported hate crimes. There were 92 hate crimes that went to the District Attorney and charges were filed in 81 of those cases. There were 77 adults and four juveniles charged for hate crimes in L.A. County. Of those that were charged 64 adults received felonies while 13 received misdemeanors.

The state defines hate crimes as those which produce evidence that offenses were committed with bias, hatred, or prejudice against other’s race, religion, ancestry, national origin, disability, gender, or sexual orientation. The most prevalent factor behind hate crimes in the county was race. Sexual orientation and religion followed closely behind as motivating factors for hate crimes in 2018.

What Is the Difference Between a Violent Crime and a Hate Crime?

A violent crime involves using violence, but it isn’t necessarily motivated by hate. Here is an example – a robbery that went wrong and resulted in a great bodily injury to the worker at the gas station is a violent crime. You could even consider it attempted murder, but it’s not a hate crime. The robber didn’t shoot the worker because they hated him on a racial on any other basis.

Different types of violent crimes also include forced sex acts, arson, assault and battery, kidnapping, extortion, first-degree burglary, etc. The main difference is that violent crimes can be hate crimes, but that’s not mandatory.

What Are the Different Types of a Hate Crime?

There’s an actual and perceived characteristic of hate crimes. The actual characteristic is when the offender acts toward a person that really belongs to a specific social group.

On the other hand, the perceived characteristic is when the offender only thinks the victim belongs to that group. They could commit the act thinking the victim belongs to a specific religion. But if they don’t get confirmation, it could turn out the victim wasn’t a member of that religion.

The types of hate crimes vary but could include:

• Assault – It occurs when the victim fears imminent harm.
• Battery – It happens when the offender actually commits or attempts a physical strike or offensive touch.
• Disturbing the peace – For example, this could be stopping a religious meeting on bias motivation.

If you’ve been accused of a hate crime, it’s necessary to contact a professional lawyer immediately. Our experts offer everything from assault and battery to disturbing the peace attorney services. You can count on our skills and decades of experience to help you define the best defense strategy for your case.

When Is a Hate Incident Also a Hate Crime?

A hate incident is a behavior or action led by biased motivation. While hate is the reason behind the incident, the law doesn’t qualify it as a crime.

Hate incidents include, but aren’t limited to:

• Name-calling and insulting someone
• Posting hate material on personal property, but also in a way that doesn’t cause other property damage
• Distributing materials with hate messages

The freedom of speech given by the US Constitution allows hate incidents as long as they don’t break someone’s civil rights. According to the California Ralph Act, every person has a civil right to be free of the threat of violence or actual violence. That includes violence to the individual and their property based on biased motivation for belonging to a specific group.

What Are the Penalties for Hate Crimes in California?

California law says it is a crime in and of itself if someone acts, based on prohibited bias, too:

• intentionally injure, intimidate or threaten someone that prevents the exercise of a person’s civil rights; or
• intentionally damage or destroy a person’s property in order to interfere with the exercise of his/her legal and constitutional rights.

Violation of this law is enough to receive criminal penalties, and the prosecutor does not have to prove any other California criminal law was violated. However, speech, without a physical act, is not enough to be convicted under this statute, unless:

• the speech threatened violence; and
• the accused had an evident ability to carry out the threat.

A conviction for this offense is a misdemeanor and subject to sentences of up to one year in jail, $5,000 in fines, and 400 hours of community service.

California has an enhanced penalty for hate crimes. Depending on what the offender committed, the offense could be upgraded, which leads to harsher sentences. California also has civil remedies for hate crimes, and they vary on the case.

Criminal Penalties

The potential criminal penalty depends on the act committed. A hate crime can be used to get an enhanced penalty for the offender. For example, you commit a felony punishable with three years in prison. The court determined it was not only a felony but also a hate crime. The additional sentence for that is up to three more years in prison.

Some hate crimes are a misdemeanor, which means they are punishable by less than a year in prison. The Penal Code 422.7 PC states that committing a hate crime could upgrade a misdemeanor into a felony. You can avoid that with a reliable criminal defense lawyer in your corner, so make sure to contact our experts as soon as possible!

Civil Remedies

As for civil remedies in California, hate crime victims have the right to ask:

• Equitable or injunctive relief
• Restraining order
• Actual and punitive damages
• Penalty assessments

The maximum civil penalty can be $25K plus attorney’s fees. If you were accused of a hate crime, don’t hesitate to contact our lawyers. We have a professional team that will build the best case possible to help you get through the process with the lowest possible consequences.

What Are the Consequences and Defenses?

If the criminal act committed is also a hate crime, it could increase the penalty to three years in prison. It’s the court’s discretion to determine if it will be 12, 24, or 36 months. And if the offender voluntarily acted with others, the maximum enhanced penalty for a hate crime is 48 months.

Unfortunately, people often get wrongly accused of hate crimes. It’s because the victims frequently belong to sensitive social groups that are actually common victims of these crimes. Court has a hard task to determine whether there was a biased motivation for the crime. That’s why your lawyer could create a defense that would respond to accusations and reject them.

The defenses include the following:

• The hate crime didn’t happen. You can argue that there was biased motivation, but a wrongful act toward the victim never occurred.
• There was no biased motivation. Another approach is to admit the criminal act but deny that the offender was biased. While this could remove the hate crime charge, the offender would usually end up guilty for the underlying crime.
• Free speech. The US Constitution allows free speech. Depending on the case, you could argue that the offender believes they spoke freely and didn’t commit a criminal act. This defense is only applicable if the hate crime was only verbal.

What to Do If You Have Been Charged with a Hate Crime?

Hate crimes are particularly sensitive, especially if the public is involved. If you hear that someone was arrested and accused of a hate crime, the public will rush to convict the individual. It’s hard to change the public’s perception later, but you need to fight for your innocence.

The first thing you need is a competent and experienced attorney. An assault and battery lawyer specializes in those cases, but you also need an expert in hate crimes. Our team has massive experience and a wide range of skills necessary for penalty acquittal or mitigation. Working with our skilled lawyers gives you the best possible chance at a successful outcome.

If you’ve been charged with a hate crime, contact our office and schedule an appointment to discuss potential defense options!

Speak to a Criminal Defense Attorney

If you have either been suspected or charged with a hate crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Immediate action is needed to preserve evidence and witness testimony. Call our Los Angeles criminal defense firm today for an initial case analysis.

What is a Probable Cause and How Does it Affect Police Action

Apr 8, 2022

Probable cause is a legal requirement that the police need to have to conduct a search or arrest someone. The Fourth Amendment contains this term, and its purpose is to protect you from unlawful searches and arrests. Probable cause often causes confusion, but this guide should help clarify all details regarding this term!

What Is a Probable Cause?

According to the probable cause law definition, it’s a situation where any reasonable person would suspect criminal activity. The crime could be in progress now, or it might have been done in the past. It can even refer to a criminal activity that could happen in the foreseeable future. The legal requirement is that there is enough evidence or circumstances to indicate a potential crime.

Probable cause gives the police power to make an arrest or search a person or property. However, it’s the judge that gives the last word regarding the validity of probable cause. If the judge doesn’t confirm the probable cause, citizens have the right to file a lawsuit for unreasonable searches and seizures. Don’t hesitate to contact our lawyers if you’ve been in a similar situation. Probable cause was added to the Constitution to protect the citizens, so with a judge’s decision, you have good odds of winning the lawsuit.

Probable Cause to Arrests

According to the Fourth Amendment, police officers always need probable cause to make an arrest. The vital thing to underline is that the concept of “probable cause” is abstract. It refers to the entire set of circumstances surrounding the event. The crucial consideration is that the circumstances should be objective and not based on “hunch” or speculation.

There’s no firm definition of probable cause for an arrest. Check out these examples:

• There was a gas station robbery, and a police officer received a robber’s description. A few miles from that location, an officer stops a car for speeding. The driver matches a description, and there’s a pile of cash on the passenger’s seat. That can be probable cause to arrest the driver. But if the driver doesn’t fit the description and there are no additional indicators of a crime, there wouldn’t be probable cause.
• An officer stops a car for speeding. Four persons are inside, but he gets the driver’s consent to search the vehicle. He finds drugs in the passenger compartment. No one admits ownership, and the officer can arrest all four persons based on probable cause.

In some situations, the police won’t conduct an arrest without getting a warrant first. This means a judge will check if there’s probable cause and issue an arrest warrant after confirming the request. But if a police officer arrests without the judge’s approval, the defendant can challenge that action. It helps to have an experienced criminal defense lawyer when challenging this decision. If the arrest was invalid, any evidence collected after that arrest would be inadmissible in court.

Probable Cause to Search

Police don’t need the warrant to conduct a search of your vehicle or property. It’s enough to believe there was probable cause. However, most officers decide to wait for a warrant. That way, they left the judge to decide which secures the evidence would be admissible in trial.

Probable cause to search indicates that the police will find evidence at the location they want to search. The police need to convince the judge that they will happen to receive a warrant. Police don’t need to have court-level evidence but must present reliable information.

Here’s what the police usually needs to get a search warrant from a judge:

• Police informant with a history of providing reliable info
• An informant ready to incriminate themselves to bring other people to justice
• A police officer who was at the scene or has reliable information
• An informant who provided info that the police partially confirmed as accurate
• A victim that reported the crime
• Witness that was there during the criminal activity

Police officers can search your vehicle or property if they get your consent. However, you have the right to refuse the search. If the officer continues the search, you can challenge their action in court. The police can also search someone’s house if an emergency affects someone’s life.

Can You Be Detained without a Probable Cause?

Yes, it’s possible for an officer to briefly detain you even if they don’t have probable cause. All they need is reasonable suspicion. The most common example of these detentions includes traffic stops. If you get detained, it helps to be polite. You should identify yourself to the police since that could shorten the detention time.

The detention duration is only described as “briefly.” It can take less than a minute and extend to over an hour. The law indicates that the detention shouldn’t last longer than necessary to establish whether the officer’s suspicions of a crime were legit.

If the police officer detains you, you can’t leave the spot. Depending on the situation assessment, the officer might put you in handcuffs or frisk you (search for weapons).

What Happens When There’s Failure to Demonstrate?

The officer won’t always get an arrest or search warrant but act on believing they had probable cause. If that happens, they will need to demonstrate probable cause in court. The judge will hold a probable cause hearing to determine if the actions were legit. The first option is to confirm, which means the police officer didn’t violate your rights when arresting you.

But if the police fail to demonstrate probable cause, the case gets rejected. So your arrest becomes unlawful, and any evidence gathered during the action isn’t admissible in court.

What’s the Difference Between Probable Cause and Reasonable Suspicion?

Reasonable suspicion doesn’t require actual evidence of a crime. It comes before probable cause and gives the police the right to detain you. An officer establishes reasonable suspicion based on their experience and training, as well as circumstances pointing to criminal activity. For example, if they see a car changing lanes quickly and not being able to keep a straight line, it’s reasonable suspicion for DUI.

Officers act on reasonable suspicion to determine if there’s probable cause. That involves evidence or “objective” circumstances pointing to criminal activity. For example, a drug bag on the passenger seat is probable cause for search and seizure during a traffic stop.

What Are the Legal Repercussions?

The probable cause should be enough to get different types of warrants. That includes those for searching and seizing property. If a police officer is present during criminal activity, they have the right to make an arrest.

Even if you believe the arrest is unlawful, don’t resist it. You can challenge the probable cause in court later. There’s a legal way to challenge the action if the judge didn’t approve it. However, it helps your case if you collaborated during the process. If the judge determines there was no probable cause, the police officer can be held accountable for illegal detention, false arrest, and even evidence planting. It’s vital to have an experienced defense attorney on your side during the process!

Get Help from a Los Angeles Criminal Defense Lawyer

If you were arrested and/or searched by police for suspicion of a crime, you need an experienced criminal defense to protect your rights. An attorney will know how to assess the circumstances of your interaction with the police to determine if the police acted in violation of the law. Attorneys at the Manshoory Law Group, APC represent clients throughout Los Angeles and will work to ensure you receive justice. Lawyers are available 24/7. Contact us for a free consultation.