Sep 20, 2021
What does it mean to press charges against someone?
Pressing charges against someone means prosecuting a criminal case against a suspect of a crime. This is done by a prosecutor, not the victim of the crime. While the victim of a crime is not responsible for pressing charges, you usually need to file a police report about a crime someone committed against you to enable the prosecutor to press charges, and your report will provide key testimony for the case.
Unlike when you sue someone, you are not responsible for organizing or paying for the prosecution of the case. Also unlike when you sue someone, you will not benefit financially from the outcome of the case if it is decided in court; however, you can agree to accept financial compensation as part of a plea bargain, often in exchange for you pressing a charge that carries less severe punishment.
How Does Police Decide Whether to Press Charges?
The police also do not press charges against you, but they do file a report of their own which factors into the prosecutor’s decision of whether to press charges or not.
How Does a Prosecutor Decide to Press Charges?
The prosecutor starts the decision-making process by reviewing all of the evidence of the case, the complaint itself, and police reports of the alleged crime.
Next, the prosecutor must review the strength of the case, and whether prosecuting it is a good use of public resources. In other words, if the prosecutor believes that pressing charges is unlikely to result in a conviction, they may decide not to do it. This decision will consider the relevant local laws and legal precedents, the suspect’s prior criminal history, and the expected level of cooperation from victims and witnesses.
They also need to consider whether it is worth allocating some of the prosecution office’s limited resources to pressing charges in this case. For example, if the prosecution office is focusing its resources on serious crimes such as violent felonies and homicides, they may decide not to spend their resources on pressing minor fraud charges.
In some states, the prosecutor will present the evidence of the case to a grand jury. The grand jury will hear the prosecutor’s case against the defendant and decide whether the evidence of the case supports the criminal charges being proposed or not. This decision does not decide whether or not the defendant is guilty. If the grand jury decides that the available evidence justifies pressing charges against the defendant, they will issue an indictment, allowing the prosecutor to proceed with the case.
What Happens If the Prosecutor Refuses to Press Charges?
If the prosecutor concludes that there is not enough evidence to put forward a case, or that they want to focus their resources elsewhere, they can decide not to press charges against the defendant.
As a general rule, the prosecutor cannot be forced to press charges if they decide against it. Their decision is not necessarily final, however. If they are put under political or public pressure to press charges, they may choose to re-review the case or put it in front of a grand jury to be sure that they made the right decision. This can happen at any time after their decision not to press charges until the statute of limitations on those charges expires.
The statute of limitations means that depending on the charge, there is a time limit on the prosecutor’s ability to press charges. Once that amount of time has passed after the alleged crime took place, the defendant can file a motion to dismiss the case outright, and judges have to accept that motion. Unless the defendant feels a need to clear their name in the public eye, they have no real reason to defend themselves against a case they can dismiss in this way.
How Do You Know if Someone Presses Charges Against You?
There are a few ways you find out if someone has pressed charges against you.
It is a common myth that police have to tell you what you are being charged with when they arrest you. If you are arrested, there is no legal requirement to inform you of your charges until a hearing called an arraignment. At the arraignment, you will hear the charges being pressed against you, and say whether you are going to plead guilty or not guilty. A Los Angeles criminal defense lawyer can help you find out a lot of the information you need when you are in custody and not getting any answers from the police.
There are ways to find out about charges that have been pressed against you before your arrest or arraignment, however. Police reports are public documents, and you have a right to read police reports about incidents you are alleged to have been involved in. If you are having charges pressed against you, they will be in the police report.
If you have not been arrested but you think there may be charges filed against you that you want to prepare for, you can contact the local criminal court and ask if there are any court dates, bench warrants, or pending cases filed against you. The sooner you find out about charges against you, the sooner you can contact an investigations lawyer to improve your hand at the pre-trial negotiations.
You can also ask the police to perform a check for charges against you. If they are investigating your involvement in a crime but have not pressed charges yet, they do not have to tell you that they are investigating you.
How long can someone press charges against you?
The statute of limitations on the charges determines how long after the incident they can be pressed. This could be as short as a year or two for minor offenses, while serious crimes can have a time limit measured in decades or no time limit at all.
If you have been taken into police custody, there is a much shorter time limit on how long you can be held before hearing your charges. Depending on local law, your arraignment usually has to happen within 2 or 3 days of your arrest. After that, the prosecutor can still decide to press charges against you, but you cannot be held in jail longer than that without charges.
Can you go to jail if someone presses Charges?
The police do not always arrest you and take you to jail if someone files a report against you, or if the prosecutor decides to press charges. Whether or not you will go to jail before your court decision depends on how much you are considered a risk, either in terms of your likelihood of going on the run, of committing further crimes, or of influencing the victims and witnesses of your case (which also falls under the category of committing further crimes). This decision is also determined by your charges and criminal history.
How Can I Fight Charges Pressed Against Me in California?
If someone is pressing charges against you in California, Manshoory Law Group can help you organize an independent investigation of the incident, prepare a stronger defense, or get a better deal in a plea bargain. Before your trial, we can also help get you out of jail by fighting to reduce your bail amount and helping you secure bail bonds. Contact the best lawyer in LA for a free consultation of your case.
Sep 13, 2021
Is Stealthing Illegal?
The law makes very few restrictions on sexual acts that take place between consenting adults. People are free to engage in sexual activity as long as it does not harm anyone; harm occurs when one of the people involved in the activity does not or cannot consent to the act. Consent is what separates sexuality from sex crimes.
Non-consensual sex acts do not always involve physical coercion or threats of violence; sometimes they are non-consensual because the victim’s age or state of health made them unable to provide meaningful consent. Likewise, a sexual act is non-consensual if the aggressor verbally deceives the victim about what is happening or will happen. If you are facing charges for engaging in a sex act without the victim’s consent, contact a Los Angeles sexual assault and battery lawyer.
What the Proposed Anti-Stealthing Law Does and Does Not Say?
California Penal Code 243.4 currently defines the crime of sexual battery as touching intimate parts of a victim’s body without the victim’s consent.
It includes all of the following in the definition of lack of consent:
- The perpetrator or an accomplice physically restrained the victim
- The victim was asleep or unconscious
- The victim has a severe disability that precludes them from the ability to consent
- The victim verbally expresses their lack of consent
What if the victim consents to penetrative sexual contact but not to unprotected sex? In other words, what if the victim consents to sex while the perpetrator is wearing a condom, but the perpetrator then removes the condom without the victim’s knowledge? Does that mean that the sexual act became non-consensual once it became unprotected?
The practice of “stealthing,” that is, removing a condom during sex without one’s partner’s knowledge, is disturbingly common, but until now, it has existed in a legal gray area.
The discovery of the HIV virus has changed the conversation around consent. Even with the widespread availability of HIV testing, antiretroviral medications that make the virus much less transmissible, and pre-exposure prophylaxis (PrEP), unprotected sex carries a greater risk of HIV transmission than using condoms. In other words, someone who consents to protected sex is accepting a different level of HIV exposure risk than someone who consents to unprotected sex.
California Governor Gavin Newsom is currently imposing a bill that would include stealthing in the civil definition of sexual battery but not the criminal definition. Therefore, victims of stealthing could sue their assailants in civil court, but the court could not send you to jail for stealthing. Likewise, getting sued for stealthing would not mean that you would have to register as a sex offender.
Contact the Manshoory Law Group About Allegations of Sexual Battery
A criminal defense lawyer can help you if you are being accused of sexual battery, but you believe that the act was consensual. Your initial consultation is always Free, so contact our attorneys at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.
Aug 17, 2021
It is essential that you have the ability to keep yourself and your family safe. When a self-defense situation comes about, the means by which you are legally able to protect yourself or your loved ones can vary by state.
In the state of California, you are within your right to “Stand Your Ground” and use force instead of retreating when you are in a perilous situation. While no formal state statutes exist where this is written, courts have referred to case law to acknowledge a person’s right to engage in the use of force inside and outside their home.
It is critically important that if you are facing criminally violent charges in California that you don’t brush them off, but rather, take them very seriously. Calling the Manshoory Law Group is a good start. Shaheen F. Manshoory is an aggressive and competent trial attorney in Los Angeles who specializes in criminal defense law in the state of California.
The skilled legal team at the Manshoory Law Group is dedicated to fighting to protect the rights and freedoms of individuals facing criminal charges in Orange County, California, and other surrounding areas.
What are California’s Stand Your Ground Laws?
If you are in a situation where you reasonably feel threatened or if you believe that another person is in serious danger you have the right to respond with force against an assailant. When the perils you or another party faces are imminent and you believe your life or the life of another party is at risk, you may use deadly force.
Even if you had the purest of intentions simply wanting to defend yourself or your loved one against another party’s aggression, it is still possible to be convicted of a violent crime in California and sent to jail.
If you are arrested for violent actions you took against another party in self-defense you will go to court. There will be an aggressive prosecutor trying to secure your guilt. To do so, that prosecutor will have to clearly show that the actions you took were not in self-defense.
It is lawful to engage in self-defense actions when the following is true:
- There is a reasonable belief that a situation poses an imminent danger of harming a person. In a position where your life was in jeopardy, you could sustain physical bodily harm, or be touched in an unlawful way.
- There is a reasonable belief that quick action of force must be taken to defend against the imminent danger. Your thoughts about your position were rational and reasonable as to why you acted forcefully to avoid death, physical harm, or unwarranted touching.
- The amount of force used against the imminent danger was a reasonable amount. You didn’t use an excessive amount of force to stop the danger you reasonably believed was coming your way. Instead, you used an understandable amount of force only to prevent another party from hurting you.
Self Defense and “Stand Your Ground”
California’s self-defense case law explains that the use of force can happen when a person’s fear of harm was reasonable and that the details of their situation call for instant action in response. The actions that a person takes to defend themselves must be aligned with what any other reasonable person would do in the same situation. When a case goes to court over the use of force one party inflicts on another, every detail of the situation is scrutinized.
The facts will be examined to determine if the situation was dangerous and if the response to the danger was appropriate.
You are lawfully allowed in California to use deadly force if it was reasonably necessary to protect yourself or another party. When you are in a situation where the danger you are facing is imminent and you reasonably believe that you risk significant harm and physical bodily injuries you may react appropriately to stay safe. You are also allowed to use a reasonable amount of force to protect property or possessions that are believed to be in harm’s way. If you are defending your home or a piece of property where an assailant is intent on committing a felony deadly force may be used. The other time when deadly force may be utilized is when you are defending your home or property against a person that is trying to enter and hurt someone inside.
California “Stand Your Ground” Laws mean that you do not have to retreat in the face of danger. You can though, defend yourself physically if necessary until you can get the threat to leave if the threat faced is believed to be something that you think will cause you physical bodily harm.
Even in cases where retreating could have been a practical reaction, people in the state of California are not required to run away from a threat. Confronting a perceived threat could fall under “Stand Your Ground” Laws.
Speak to a Los Angeles Criminal Defense Attorney Today
If you are making the case for self-defense, you need to have the jury believe that the way you acted was reasonable for anyone to respond in the same situation. The jury needs to believe that another party in the same circumstances would also feel immediate danger and would counter that situation with similar actions.
Having a persuasive and knowledgeable Los Angeles criminal defense attorney is a good way to improve your chances of making this happen. Call the Los Angeles criminal defense lawyers today to discuss your case at (877) 977-7750.
Harvey Weinstein Gets One Count of Sexual Battery Against Him Dismissed
The case against Harvey Weinstein for sexual assault and battery that several women have made against him has made prime-time news. It has also remained in the news as his trial lingers on. With more prominent men being called out for improper or even criminal behavior, the question remains, does a woman’s claim always lead to a guilty verdict for a man she is accusing?
Sexual assault cases can be highly tense and emotional. There are many who have very passionate feelings about how men have used their influence over women to take advantage of them and harm them sexually. Overcoming a sexual assault charge in Los Angeles or anywhere else is not easy. Once a claim has been made, even if it can be proven illegitimate, these assertions can still weigh heavy on a person’s life for the long term.
Today, it is commonly said to “always believe the woman”. While many women are brave for coming forward and telling their stories, not every accuser is credible or honest. Specifically, when it comes to famous and powerful people, the craving for money and notoriety could be the outcome some accusers are seeking.
This is something that is seen often, where reasonable and trustworthy accusers are lumped in with those that are trying to take advantage of the situation and deceive for their own personal gain. It is important to carefully approach these cases with care and detail so that the best outcome can result for defendants facing such egregious and life-altering allegations.
How Did Harvey Weinstein Get an Accuser’s Sexual Assault Claims Dismissed?
Weinstein is a famous movie producer, who was indicted on 11 counts of rape and forcible oral copulation. Harvey Weinstein’s criminal defense team claimed that there were at least three of these criminal complaints that were filed after the statute of limitations had expired. The statute of limitations is the period of time that a person has to file a claim against another party.
There is a defined timeframe that both civil and criminal suits can be legally filed against someone else. If a claim is filed outside of that specific time frame, then it is likely that the court will throw the case out, and plaintiffs will not have the ability to recover financial compensation or punitive repercussions.
Each state has its own laws with regard to what the statute of limitations is for specific actions. For example, a personal injury claim in California has a statute of limitation that typically is two years from the date that the injury accident took place. The California statute of limitations for the charges in question for Harvey Weinstein is 10 years.
Harvey Weinstein’s criminal defense attorneys argued to have three charges thrown out because filings were made outside of the statute of limitations. However, Lisa Lench, the judge in the case, did not permit two charges to be dismissed under these arguments that took place between 2004 and 2005. The judge did though, permit one claim that alleged sexual battery took place in 2010 to be dropped.
While the job that Harvey Weinstein’s attorneys have to clear his name is going to be challenging, the one thing the movie mogul has on his side is his talented and experienced legal defense team fighting for him.
Contact a Los Angeles Sex Crime Attorney
If you have been charged with sex crimes in California, you could face very serious legal repercussions not to mention social disgrace and implications if you are convicted. The Los Angeles sex crime defense attorneys at the Manshoory Law Group can help.
Due to the significant damage that can happen to your life if you are convicted of sex crimes in California, it is imperative that you have the most effective and qualified Los Angeles criminal defense attorneys protecting your interests. Contact our attorneys today to schedule your Free Consultation at (877) 977-7750.
Aug 12, 2021
Robert Durst, the New York real estate beneficiary is going to, in a rare twist of events, actually testify in his own criminal murder case in a Los Angeles County Court. Robert Durst will become a critical component of his own defense strategy. Many murder trials avoid having the defendant testify, yet Durst’s team has suggested they want him to speak before the court.
While having a defendant being charged with murder testify as a part of their own defense strategy is extremely risky, it has been successful for some defendants. This is specifically true with respect to Durst’s questionable past. Durst isn’t just going on the stand to defend himself for one murder, he has done this before. The real estate heir was previously charged with killing his neighbor in the early 2000s. Even though Durst did say that he dismembered the man and threw his body parts away, Rober Durst was still found not guilty of murder.
Whether it is the decision to testify as a defendant or to stay quiet, a qualified and skilled Los Angeles criminal defense attorney will be best positioned to determine the right strategy for success. Rober Durst’s attorneys made the bet before and it worked out. Potentially, they believe that the same circumstances make sense for his current murder trial. Only time will tell, but what Durst knows is what many criminal defendants must understand. This is that the quality of your legal defense is what sits between your freedoms and liberties and your incarceration.
Why Would Your Attorney Keep You From Testifying in Your California Criminal Case?
Typically, if you declare you are not guilty of doing something you are accused of, you shouldn’t go around yelling about how innocent you are. Most of the time in criminal trials, criminal defense attorneys will keep their clients from testifying in court. Defendants are not legally required to testify so if there is no reason for this to happen it doesn’t have to. There are no real grounds for a person to get on a stand and potentially harm their case if they do not have to be there in the first place.
Some situations warrant a defendant to testify. This would be when there is the case of a reasonable, emotional, and bond-worthy story that a defendant has to tell which could make their case to the jury. Even still, a moving defendant can face serious risks when it comes to the outcome of their case.
Because the burden of proof to find guilt is on the prosecution, once the person accused of a crime goes on the stand, now they are taking some heat off of the prosecution. Even if the story a defendant is giving is truthful, if a jury cannot connect with the defendant or doesn’t like them, then it is highly likely a guilty verdict will result.
In the absence of a defendant testifying, it is all upon their attorney to deconstruct the prosecution’s case. When this happens no personal feelings of a juror to the defendant will be present. When a defendant has a competent defense, breaking down the prosecution’s case without having a defendant testify, is much more viable and more likely to result in a favorable outcome.
Speak with a Los Angeles Criminal Defense Attorney Today
The Manshoory Law Group is strictly focused on only working on criminal defense cases in Los Angeles. The skilled Los Angeles criminal defense attorneys at the Manshoory Law Group know how to handle tough and aggressive prosecution against you if you have been charged with a crime. To schedule a free consultation with the Manshoory Law Group to discuss your Los Angeles criminal charges, please call (877) 977-7750.
Jul 28, 2021
What is California Self Defense Law?
Self-defense is the act of using force to defend yourself or someone else. Using force against people is normally a crime. When you claim self-defense as a legal defense for your actions, you are admitting that you committed the crime, but did so only to defend yourself. This is a form of affirmative defense.
California self-defense laws allow you to use force, up to and including lethal force, to defend yourself or other people. This means that if you have a reasonable belief that someone presents an imminent danger, you may use proportionate force to stop the threat.
Is California a ‘Stand Your Ground’ State?
Self-defense laws explicitly state that if you are in immediate danger, you do not have any obligation to retreat (Penal Code 198.5). Even if retreat is available and appears to be a safer option, you have the right of self-defense and are legally entitled to stand your ground against an attacker. This is the opposite of ‘Duty to Retreat’ self-defense rules. In states with a ‘Duty to Retreat’ doctrine, victims of violent crimes are obliged to attempt any available escapes before defending themselves with force.
For example, if you are walking on the street and someone threatens you with a weapon, assaults you, or otherwise illegally uses force against you, California laws of self-defense do not require you to run away or leave the area. If you are somewhere you are entitled to be, like a public area, then you can use the necessary force to remain in that place without becoming the victim of a violent crime.
In some circumstances, you may even pursue an attacker if it can reasonably be deemed necessary to prevent their attempted crime.
Is California a “Castle Doctrine” State?
In California, like many other states, your right to stand your ground applies within your own home with additional protections. Most significantly, there is a legal presumption that you feared imminent serious injury or death. This legal principle is known as the Castle Doctrine.
The specifics of this California self-defense gun law differ from state to state. In California, the Castle Doctrine only applies within your home itself, not all of your property. In other words, it does not apply in your yard, driveway, and other outdoor areas.
This means that if an intruder breaks into your home, the court must assume that it was reasonable for you to believe you were in imminent danger. As a result, if an intruder forces their way into your home, your use of force, up to and including the use of deadly force in self-defense, will be given the benefit of the doubt unless contradictory evidence can be produced.
When is Self Defense Justified?
When you act in self-defense, you have committed a violent crime, and you could be punished for it if you did so in a situation where you cannot claim self-defense. Some valid self-defense uses are obvious. If someone physically assaults you or someone else around you, you may use force to dissuade them from further violence or render them incapable of further violence, as necessary. Under the Castle Doctrine, uses of force against a home intruder are usually considered valid self-defense.
Outside of your home, you can generally only claim self-defense when you are acting to prevent use or threat of violence. This means that you cannot use force to prevent larceny-theft, such as someone stealing a package from your porch. However, if someone commits robbery, this involves the use of force.
For example, when someone brandishes a weapon at you or threatens to assault you if you do not hand over your possessions or vacate your vehicle. In these scenarios, the threat of violence creates a reason for you to believe that force is necessary to protect yourself from harm, which can justify your claim of self-defense.
What are the Elements of Self-Defense in California?
To successfully claim self-defense after using force against someone, you must prove that:
- You reasonably believed yourself or someone else to be in imminent danger
- You reasonably believed that using force was necessary to prevent harm
- You did not use more force than was necessary to prevent harm
Proving these is not always straightforward, but violent crimes lawyers can help you make the best argument for your case.
Imminent danger means that there is a possibility of you or someone else being harmed, and it is happening right now. You cannot claim self-defense for an action you take pre-emptively.
For example, if someone brandishes a weapon and approaches you with it, there is an immediate threat. However, if someone threatens you with violence that will happen at a later point, such as by making a threatening phone call, you cannot use force in response to that threat alone.
You also cannot claim self-defense for an action you take in response to harm that has already occurred and is no longer happening. For example, if someone assaults you then you can defend yourself at the time, but you cannot seek them out later to attack them.
-
Reasonable Belief a Threat Exists
Your belief that there is a real threat can be reasonable even if the threat does not really exist. A jury will decide whether a reasonable person would have believed the danger was real if they had been in your position, with the information you had.
For example, if someone points a fake or unloaded gun at you, most people would assume that the gun is real and loaded. As a result, you had a reasonable belief that you were in imminent danger and needed to use force, even though your assumption was incorrect.
On the other hand, your belief that you are in danger can also be unreasonable. For example, if you are experiencing paranoid delusions or hallucinations you may feel that someone intends you harm, and respond with force. A reasonable person would not have believed that they were in any danger, so you cannot argue that you had a reasonable belief of the threat.
You cannot use a level of force that exceeds what is needed to stop a threat. For example, if someone shoves you, you may be justified in shoving them back to get them away from you. Responding to this assault by shooting or stabbing someone would likely be seen as an excessive force that was not needed to end the threat.
This is more complex than the initial level of violence or the type of weapon involved, however. There are many factors that can affect whether your use of force was justified.
If you are outnumbered or physically outmatched, this can justify a reasonable belief that greater use of force was needed to prevent the threat. There can also be situations where a reasonable person might deem less force to be necessary, such as if you use self-defense against a minor.
What are the Limits of Self Defense?
You can only claim self-defense when you have used force to protect human life or protect a person from bodily harm such as assault, kidnapping, or sexual assault. In California, your use of force must be proportionate to the threat.
The legal right of self-defense ends when there is no longer an imminent danger. You must stop using force as soon as the threat has passed. For example, you cannot continue to hurt someone once they are restrained or unconscious, because they are not a danger to you anymore, regardless of what they did or attempted to do to you previously.
What is Imperfect Self Defense?
Imperfect self-defense means that your case does not have all three elements of a self-defense action; however, it has enough elements that you are partially excused for your crime. This can result in receiving a lesser charge, such as turning a murder charge into a voluntary manslaughter charge, which carries a lighter sentence.
Can I Claim Self-Defense If I Hit Someone First?
You can claim self-defense even if you attacked first, but this places even more emphasis on the grey areas of whether your belief of danger was reasonable, and the use of force justified. For example, you could argue that someone bunched their fist and tensed as though they were going to punch you, so you acted to restrain them before they could do it.
If you have previously assaulted someone before leaving the scene and they later attack you, you can claim self-defense for using force to prevent their attack, even if you are found guilty of the initial assault.
Can you go to Jail for Self Defense in California?
If the jury finds that your actions were not self-defense, or were a case of imperfect self-defense, you can be convicted of a crime that carries a prison sentence. The highest charge you can be convicted of for imperfect self-defense is voluntary manslaughter (Penal Code 192), which can have a sentence of up to eleven years and a fine of up to $10,000.
Have you been involved in a self-defense incident and need a Los Angeles criminal defense lawyer? Contact the best attorney in LA to ensure the best outcome for your case.
