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.

What is the Bar Exam? How to Become a Member of Bar Association

Mar 22, 2022

Have you ever wondered what does bar stands for law industry professionals? The term bar refers to the entire legal profession. It could be a lawyers’ institution on a national level or in a particular state, such as the California Bar Association.

The experts agree that the term originates from England. That’s where it was coined in the 16th century. Today, the bar is a word that commonly describes the line that separates the courtroom. The spectators remain in a separate area while those who “passed the bar,” such as lawyers, can be in the other part.

In this guide, we’ll talk more about the bar associations but also exams required to practice law in California and the US. Keep reading to discover the specifics of different exams and associations!

What Is the State Bar of California?

The State Bar of California is a vital component of the legal system. The Legislature established this authority in 1927, and it serves as a body that regulates and licenses lawyers.

What is the Bar Association’s mission? The primary focus is on protecting the public and serving the people of California. They do that by overseeing the legal profession. At this point, more than 250,000 lawyers have acquired their licenses from the State Bar.

Who Governs the State Bar?

The Board of Trustees is the governing body of the State Bar. They usually have six meetings annually, although the number varies on different factors. These meetings occur in Los Angeles or San Francisco, which is where the State Bar has its offices. Urgent conferences might also occur over the internet.

There are 13 members in the Board, and those include:

• Two attorneys, one appointed by the Speaker of the Assembly and the other by the Senate Committee.
• Five attorneys instated by the California Supreme Court.
• Six members of the public who don’t have to be attorneys.

The Board designs any guiding principles and policies to meet the body’s primary goals.

What Does It Do?

The official website of the State Bar of California mentions their main objectives:

• Regulate the practice of law and the legal profession in California.
• Licensing new attorneys and administering the California Bar Exam.
• Suggesting and enforcing the Rules of Professional Conduct for lawyers.
• Monitoring to ensure all individuals who practice law follow the rules and laws.
• Administering sanctions and disciplinary actions against those who violate laws or rules.
• Improving overall access to justice for citizens.
• Promoting inclusion and diversity in the legal system.

If you contact attorney offices for a legal matter, make sure your case gets handled by a licensed lawyer. That will ensure you can file a complaint with the California Bar Association if you don’t feel the representation was adequate.

How Does It Work?

The State Bar regulates the legal profession. They license lawyers and oversee the practice of law in California. This association is in charge of handling complaints that clients have about attorney misconduct. The info on their website suggests that they have about 16,000 complaints every year. Based on the investigation, the bar can suggest suspension or disbarment. The State Bar Court makes that decision, but the Supreme Court needs to confirm it.

This authority also serves to improve access to justice, and the quality of service lawyers provide to citizens. You can use the State Bar to find free legal help, lawyer referral service, etc. Each lawyer has a public profile on the bar’s website. It helps potential clients to see their previous misconducts and other relevant details.

The bar distributes grants to legal aid organizations. You can apply for a grant if you are a legal service organization providing services on the territory of California. The estimation is that around $78 million is available annually for this purpose.

What Is the Bar Association?

The bar association is a professional lawyer organization on a specific territory. It can be a national entity, such as the American Bar Association. That’s the biggest voluntary lawyer association in the world. It serves as the legal profession’s national voice. You also have state bar associations, which are official lawyer associations in those jurisdictions.

What Is the Role of the Bar Association?

We know “what does bar stand for,” but what’s the role of the bar association? It should regulate the entire legal profession on its territory. The bar designs and implements Rules of Professional Conduct for existing attorneys and also issues licenses for those who want to become lawyers.

The role of the bar association is to ensure all who practice law follow the rules and guidelines of this organization and profession overall. They deal with complaints and ensure that anyone who violates the law gets disciplined.

Does California Have a Mandatory Bar Association?

Yes, California has a mandatory bar association. The word mandatory means that it runs an integrated bar, which works together with the system of courts. That means you need to be an active member of this association to practice law in the State of California.

What Is the Bar Exam?

So, what’s a bar exam? That’s an examination that’s a vital part of what you need to become a lawyer. It’s a series of tests that anyone who wants to be an attorney must pass before getting their license. The bar exam is necessary for all areas, so it doesn’t matter whether you want to become a criminal defense lawyer or specialize in another field.

There are two approaches that states across the US take for validating lawyer licenses. More than 20 states (the number keeps increasing) accept the Uniform Bar Exam. This is a standardized bar examination whose aim is to check the skills and knowledge of those who want to be licensed attorneys.

The National Conference of Bar Examiners designs the tests for this examination. The major advantage is that the test is valid in over 20 jurisdictions. Some states might require additional tests and checks, but they will admit your UBE score.

UBE and MBE: Components of the Bar Exam

The first question to ask is, “what is the bar association in charge in my jurisdiction?” In California, The State Bar has a specific exam you need to pass to practice law on its territory. A portion of this testing is the Multistate Bar Examination.

That exam is part of the UBE, which is a Uniform Bar Examination acknowledged in over 20 states. However, other components included in requirements vary depending on the process you choose.

UBE (Uniform Bar Exam)

Have you ever wondered why it is called the bar exam? The bar refers to the zone in front of the magistrate, and you need to pass the exam to access it. In other words, you need to pass the bar to practice law.

If you choose the UBE form, you’ll have the following three components:

• Multistate Bar Examination
• Multistate Essay Examination
• Multistate Performance Test

You can take UBE twice per year, and the entire exam lasts two days.

MBE (Multistate Bar Exam)

This is the crucial component of the UBE format since it takes 50% of the entire score. You’ll also find the State Bar of California uses this test as a part of their exam.

The Multistate Bar Examination consists of 200 questions. You have multiple choices and a total of six hours to work on the test. Its main purpose is for the relevant industry experts to see if you are ready to practice law. The questions might be from constitutional law or any other relevant area. The applicant proves that they can implement legal reasoning and principles bypassing the Multistate Bar Exam.

MEE (Multistate Essay Exam)

This is not a classic test but rather a set of essay questions. You’ll get six questions and 30 minutes to answer each. The examiners look for the candidate’s capability to discuss factual scenarios and real-life legal situations. The Multistate Essay Exam also shows you can set aside important information that’s not relevant for a legal issue. Finally, the answer in writing will ensure you can analyze and present your reasoning in a clear way. The UBE system considers MEE to carry 30% of the total worth.

MPT (Multistate Performance Test)

The last UBE component takes 20% of the entire UBE scoring. You’ll have two different exams, and they last 90 minutes each. The test will put you in realistic scenarios that you should be able to handle as a beginner. It serves for beginners to see if you can apply fundamental lawyer skills. The Multistate Performance Test is worth a fifth of your total UBE scoring.

What are the Requirements to Practice Law in California

The important thing to emphasize is that California isn’t among the states that recognize the Uniform Bar Exam. If you want to practice law in this state, you’ll need to acquire the State Bar’s license.

Here are the steps to follow to become an attorney in California:

1. Register as an attorney applicant or a law student. Unless you qualify for an exemption, you’ll need to provide a Social Security number.
2. Meet the legal education requirements. The most common method is spending three or four years at a law school or accredited by the ABA or the State Bar of California. You can also apply after they study for four years under a state attorney or judge or spend at least 864 hours preparing at a registered distance-learning facility.
3. The testing process. You’ll need a passing score at the California Bar Examination and the Multistate Professional Responsibility Examination (MPRE). First-year law students might need to pass another exam, too.
4. Moral character determination. It involves a background check, which can last up to six months.

How Hard is the Bar Exam?

The California Bar Exam is necessary for anyone who dreams about the legal profession in this state. This exam is quite hard, which is why you need serious preparation. The biggest problem is that the State Bar only holds this aspiring lawyers exam twice per year. That doesn’t give you many attempts to try and pass the test.

According to statistics, about 16,000 individuals apply for the bar exam each year. In 2021, there was a 39.6% passage rate in February and a 52.6% passage rate in July. It’s notable that, on most occasions, more than 50% of first-timers pass the test. The rate is often under 30% for repeaters.

What is the Format?

All applicants will go through multiple tests over the course of two days. The tests include:

• 90-minute Performance Test
• Five 60-minute essay questions
• The Multistate Bar Examination (MBE)

Now you know what’s a bar exam, as well as all the details about it. If you are in California and want to practice law, you need to acquire a license from the State Bar. Passing the State Bar exam is among the crucial requirements to get your license!

What Is Court-Ordered Rehab, and How Does It Work? 

Feb 22, 2022

Addiction and substance abuse are huge problems worldwide. Unfortunately, abusing substances can often lead to social misconduct and unacceptable behaviors, including committing a crime. We can see a large number of DUIs and crimes committed under the influence.

That’s when addiction doesn’t only harm the individual, but other people, too. It’s also where court-ordered rehab comes into play.

Here are all details about this treatment that could inspire a positive change!

What Is a Court-Ordered Rehab?

This treatment serves as an alternative to incarceration. The judge can issue court-ordered rehab when they believe this approach is more beneficial than jail time. The idea behind these treatment programs is to help the individual deal with addiction and prevent future problems.

The statistics indicate that persons under the influence of alcohol or drugs often commit crimes. DUIs, domestic violence, and property crimes are the most common categories.

Substance abuse can lead to criminal incidents, but it’s also a public health matter. It’s why the experts suggest involuntary rehab can be a successful alternative sentence for these offenders.

What Are the Different Types of This Rehab?

The law recognizes two different paths to receiving court-mandated rehab. The first one features criminal cases, which is when the offender faces potential jail time. It’s up to the judge to decide and recommend rehab instead of incarceration.

California is among the states that implemented involuntary commitment laws. That opens another path to rehab in this territory. It gives a family member an option to file a petition to see if their loved one meets the criteria required to get this treatment.

Orders for Rehab in Criminal Cases

Substances like alcohol or drugs play with our minds. Many offenders would never commit a crime if they were sober. But if they are under the influence, that increases the chances of illegal action. For example, if someone is a drug addict, they might have an extreme craving. It could lead them to steal money or attack someone to get money for drugs.

After the person gets caught, the judge will assess the case. Many judges are open to issuing a court-ordered drug treatment instead of incarceration. If it’s the first crime that person committed or they get a trustworthy criminal defense lawyer, it increases the odds of getting this alternative sentence.

Emergency Orders for Drug Rehab

Who’s the first one to recognize that an individual has a problem? It’s family members, close friends, or a loved one. The option to push for an emergency order for involuntary rehab gives an option to the family to act before an addict commits a crime.

It’s possible to get an emergency order for rehab in California. Here is how the process works:

1. You submit a petition to the relevant court. Make sure that you actually believe the person really requires a court-ordered treatment.
2. The person will be assessed. Any evidence and testimonies will be presented to the judge. They look for proof that the person’s mental health is poor, they lack self-control, or they pose a danger to themselves or others.
3. The court decided to hold the individual for involuntary assessment. The addiction treatment the judge orders can last up to 60 days.

Who Is Eligible for Rehab in California?

If we are talking about criminal cases, first-time offenders have a high chance of getting rehab instead of jail time. Therefore, the judge will analyze all relevant factors before recommending drug rehab California treatments.

These include:

• Type and severity of the crime. Non-violent crimes often motivate judges to consider recommending a rehab program.
• Violation frequency. First-time offenders have higher chances of qualifying for court-mandated rehab. If it’s a repetitive crime, you could be facing incarceration or prosecution.
• Substance abuse led to the crime. If abusing drugs or alcohol led to the criminal act, it could serve as a ground for alternative sentencing.
• Qualification for probation. If a probation sentence is possible, it could include drug rehab.

The court needs to be convinced that the offender could benefit from rehab. That’s why it can help to have a skilled drug lawyer with years of experience by your side.

How Long Is Court-Ordered Rehab?

The judge will decide the length of court-ordered treatment. However, the rehab cannot be longer than 60 days. Some offenders find that enough time to start thinking rationally. They could even decide to continue the rehabilitation to achieve complete sobriety.

Doctors and professional counselors might recommend earlier rehab releases. However, the court also has the right to prolong their initial order. They usually do that if they get negative testimony from relevant experts for that case.

Can You Refuse Court-Ordered Treatment?

It’s theoretically possible that your specific treatment breaches your constitutional rights. For example, that happens if the court orders you to attend a drug addiction program based on religion. If you believe that’s your situation, don’t hesitate to contact attorney experts in that area.

But if that’s not the case, you can only refuse involuntary rehab to switch it for other legal penalties. The only possible alternative might involve prosecution or jail time. That makes these treatments the best legal option and not only a potentially wise choice for your long-term health.

Who Pays for Court-Ordered Rehab?

The person who received the order is the one that needs to pay for the treatment. Some insurance plans might cover a portion of expenses or the whole program. You also keep the right to pick the facility where the rehab will occur. Some national institutes might offer subsidized, or reduced payments that ensure the offender can cover the costs.

It’s vital noting that a team of professionals will monitor you during the treatment. That includes healthcare providers and legal professionals. The idea is to ensure you comply with the order but also to provide a useful therapeutic experience.

Is Involuntary Rehab Effective?

A study published in 2006 revealed that involuntary rehab is every bit as effective as voluntary treatments. That’s encouraging, as well as the fact that these programs have a higher attendance percentage overall.

The motivation for rehab might be lower, especially in the beginning. However, the long-term success results are encouraging. Involuntary treatments have similar abstinence and employment rates to voluntary programs.

How to Choose a Court-Ordered Treatment Program

Your selection of available facilities will depend on the court order. The system aims to identify the best treatment for every individual.

That could include:

• Accelerated pretrial rehab program. These are for non-violent crimes and first-time attendees of these treatments. The offender can get charges dropped if they finish the rehab successfully.
• Educational programs. It’s the most common program found in court orders. It’s because it’s affordable, but also because it’s a frequent choice for DUIs and similar alcohol-caused crimes. You might qualify for sealing court files after completing this program.
• Group counseling. You’ll often find this rehab works on the famous 12-step model to fight addiction.
• Residential counseling. This is a demanding program for alcohol and drug offenders. You might find this program in large prison systems.
• Detox and inpatient rehab programs. If the court issues, you’ll need to stay in a detox center under medical supervision. Another option is an inpatient facility that replaces a harsh sentence or incarceration. You might get community service hours as part of your punishment.

Apart from this, you can consider the location and cost of the facility. You can even look for other features offered by a particular treatment facility to ensure they meet your needs.

Should You Hire a Criminal Defense Lawyer If You Have Not Been Charged With a Crime?

Feb 22, 2022

All defendants in criminal cases have the right to representation by a lawyer.  Criminal cases are the only instance where a court will appoint a lawyer to help you exercise your rights; defendants in civil lawsuits are not guaranteed professional legal representation. 

In the case of financial misconduct, civil and criminal wrongdoings overlap substantially.  For example, victims of fraud have the right to sue their scammers for damages in the amount that the scammers stole from them, whether or not any criminal charges are filed in connection to the matter. 

If there are allegations floating around about shady dealings on your part or on the part of businesses you control, it is a good idea to consult a lawyer to find out the best way to protect yourself even if no civil or criminal cases have officially begun and the accusations are still only on the level of social media rumors.  If, however, you have formally been charged with wire fraud or tax evasion, you need a Los Angeles federal criminal defense attorney.

More Trouble Ahead for Fatburger Bigwig?

FAT Brands is a Beverly Hills-based company that franchises several popular restaurant chains, including Fatburger, Round Table Pizza, and Johnny Rockets.  Its CEO Andrew Wiederhorn is no stranger to Hollywood glitz, being related by marriage to several reality TV personalities and Internet-famous folks.  He is also no stranger to fuzzy financial records and run-ins with the law.  In the mid-2000s, he served a 16-month prison sentence in Oregon after pleading guilty to filing a false tax return.  After his release from prison, he moved to California for a new start.

While he has not been charged with any crimes in California, the FBI is conducting an investigation into alleged securities and wire fraud, money laundering, and attempted tax evasion on Wiederhorn’s part.  The FBI is investigating allegations that Wiederhorn and his family members took out millions of dollars in loans from his companies in order to reduce the companies’ tax obligations.  Several credit card charges in the hundreds of thousands of dollars, for luxury items and legal fees for Wiederhorn and members of his family also raised red flags. 

In December, the FBI raided the home of Wiederhorn’s son Thayer and daughter-in-law Brooke, whose mother Kim Richards appeared on the Real Housewives of Beverly Hills television show.  The purpose of this investigation is to determine whether there is enough evidence to charge Wiederhorn with a federal crime such as wire fraud or tax evasion.  Even if Wiederhorn gets criminal charges, he will have the presumption of innocence until he enters a guilty plea or is convicted at a jury trial.

Contact the Manshoory Law Group About Federal Financial Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are facing charges for tax evasion, wire fraud, money laundering, or another financial crime.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.