How Long After Being Charged Does it Take to Go to Court?

Dec 11, 2021

If you have been charged with a felony or misdemeanor, you will have to go to court for arraignment. Depending on what happens during and after your arraignment, you may not need to go to court for trial if the case is dismissed.

What Happens if You Fail to Attend Court?

If you fail to attend a required court date, you can be charged with Failure to Appear (CA Penal Code 1320 & 1320.5). The judge will issue a bench warrant, and you will be arrested and brought to court. Failure to Appear can be a misdemeanor or felony, depending on what you were originally charged with.

As a misdemeanor, failing to show up at court can add six months in county jail and $1,000 in fines to the penalties you are already facing. As a felony, it can result in up to three years in prison and fines of up to $10,000, in addition to any penalties you receive in connection with the existing charges.

You cannot be taken to trial in court without first being charged with a crime and having an arraignment where you hear the charges against you and enter your plea.

How Long After Being Charged Does it Take to Go to Court?

Although you may (or may not) have been told the charges against you beforehand, technically you have not been charged with anything until your arraignment. From this point, you have a right to a speedy trial under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. You also have the ability to waive this right.

What is considered a speedy trial depends on whether you are being charged with a misdemeanor or felony, and whether you are held in custody between your arrest and arraignment.

How Long Does it Take to Get a Court Date For a Misdemeanor?

In the case of misdemeanor charges, you have a right to go to trial within 30 to 45 days of being formally charged. If you were held in custody after your arrest, your arraignment has to happen within 48 hours of the arrest. If you were released after the arrest, your trial must take place within about 10 days.

How Long Does it Take to Get a Court Date For a Felony?

For felony cases, you have the right to go to trial within 60 days of being charged. If you were released or bailed out after your arrest, it can take weeks or in some cases months to be formally charged at an arraignment. If you were held in custody, the arraignment must still happen within 48 hours.

What Happens at an Arraignment?

The arraignment is your first court appearance after getting arrested. At your arraignment, a judge will tell you what the charges against you are and what your constitutional rights are.

You will also respond to the charges by entering a plea, such as guilty or not guilty, although these are not the only pleas you can enter. After you have entered your plea, the judge will decide whether you should be held in jail until your trial.

At this stage, you can be released on your own recognizance until the date of the trial, or the judge can set a bail amount that must be posted for you to be released from jail, or they can refuse to set bail. This decision will be based on the nature of your charges and whether you are deemed a risk to the community, and whether you are deemed likely to run away.

The advice of an expert criminal defense attorney can help you reduce the amount of time you spend in jail while you are waiting for your arraignment and trial, as well as improve the outcomes of these court dates. If you have been charged, or are about to be charged, with an offense, contact us today for a free case analysis.

Yes, You Can Get a DUI After Drinking Just One Glass of Wine

Dec 10, 2021

In California, as in most other states, you can get charged with driving under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher.  If your BAC is well above that limit, the penalties will probably be more serious than if your BAC is just slightly above 0.08, even if you do not cause an accident.  If you are drunk enough to make a driving mistake egregious enough for the police to notice it, then you are drunk enough to get a DUI. 

In some cases, drinking just one alcoholic beverage is enough to put your BAC over the legal limit.  It depends on how strong the drink was, your body weight, whether you consumed it with food or on an empty stomach, and how much time passed between the time you finished drinking and the time you started driving.  If you drink vodka and cranberry juice that resembles the color of a California sunrise more than the color of a ruby, you are plenty drunk to get a DUI.  If you are facing criminal charges for drunk driving, contact a Los Angeles DUI defense lawyer.

PK Kemsley Gets Arrested for Driving With BAC Just Above the Legal Limit

Paul “PK” Kemsley is a household name in Britain because of his association with the Tottenham Hotspurs football club and with the British version of the reality show The Apprentice, but American audiences know him best because of another reality show; his wife Dorit Kemsley is a main cast member on The Real Housewives of Beverly Hills.

One evening in November 2021, Kemsley ate dinner at a restaurant with a business colleague, where he drank a glass of wine with dinner.  After he left the restaurant, he was driving home on the 101, and a police officer pulled him over; the Page Six celebrity news website did not specify why the officer decided to conduct the traffic stop. 

Kemsley took a breathalyzer test, which recorded his BAC as 0.081, just slightly above the legal limit.  The officer arrested him for DUI and took him to the police station.  Authorities administered another breathalyzer test once Kemsley arrived at the station; this time, his BAC was 0.073, which is below the legal limit. A member of the California Highway Patrol then drove him home.

Kemsley, 54, had never been arrested for DUI or for any other offense prior to this incident.  He is a prime candidate for pretrial diversion, where he can get his charges dropped if he complies with the requirements.  He may not even get criminal charges at all.

Contact the Manshoory Law Group About DUI Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of DUI after a traffic stop where a breathalyzer test showed your BAC as above 0.08, or where you refused a breathalyzer test.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Youtuber Shadman Arrested for Assault with a Deadly Weapon in Los Angeles

Nov 30, 2021

Since the days of America Online in the 1990s or even its predecessors the text-only bulletin board systems that tied up the phone lines of fun-loving nerds for hours on end in the 1980s, conventional wisdom has always dictated that you should not reveal your true identity online.  This has led both to people saying and doing horrible things online behind the veil of pseudonymity as well as to friendships, or at least to friendly fan relationships, among people who do not know each other’s real names. 

When an influencer or other social media star gets accused of a crime, though, the speculation about it often involves connecting a real name, present on the arrest record or arrest warrant, to the online pseudonym.  Whether you have thousands of followers on social media or zero, you have the right to representation by a Los Angeles violent crimes defense lawyer if you get charged with assault or another violent crime.

The Rise and Fall of Shadman

A graphic artist who goes by the name Shadman has been posting his drawings online since 2009, and the consensus is that he is Shaddai Prejean, who was born in Switzerland and is now 31 years old.  Shadman, who always wears a face-covering in his videos, is no stranger to controversy.  He has attracted criticism for his sexually suggestive drawings of popular animated characters and public figures, so much so that he removed the most controversial content from his site in 2019.

Today, Prejean is facing legal trouble.  In late October 2021, he was arrested in Los Angeles County after an altercation.  He is now facing criminal charges for assault with a deadly weapon, but few other details about the incident are available on news sites.

Assault With a Deadly Weapon Charges in California

You can get criminal charges for assault with a deadly weapon if you injure or attempt to injure someone with a weapon such as a firearm or a knife.  The charge applies whether or not the victim actually suffers bodily injury.  Assault with a deadly weapon is a felony, punishable by up to four years in state prison, or else by a year in jail and a $1,000 fine.

Any of several defenses might apply.  You might argue that you assaulted someone but did not have a weapon.  In other cases, you might argue that you used the weapon by accident or that you acted in self-defense.  Your criminal defense lawyer can help you decide which defense to use or whether you should seek a plea deal.

Contact the Manshoory Law Group About Accusations of Assault With a Deadly Weapon

A Los Angeles criminal defense lawyer can help you if you are being accused of assault with a deadly weapon or another kind of criminal offense that involves violence or bodily injury.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

How Long Does A DUI Stay on Your Record in California?

Nov 18, 2021

How Long Does a DUI Stay on Your Criminal and Driving Record?

If you are convicted of a DUI in California, the conviction will go on both your driving record and your criminal record. In California, a DUI will stay on your driving record for 10 years. This period starts from the date of your arrest, rather than the date of your conviction.

This can affect decisions that the DMV makes about whether to suspend, revoke or reinstate your driving license. Insurance companies will also be able to see a DUI on your driving record and can increase your rates as a result.

A California DUI conviction will stay on your criminal record permanently. However, in some cases, you can get a DUI expunged from your record once you have paid any fines, served your custodial sentence, or completed your probation period.

Passing a background check with a DUI on your record can be difficult. If you get convicted of a DUI in California, the conviction can show up on a background check for up to ten years. A background check can also reveal any charges related to a DUI, such as convictions for refusing a BAC test after a DUI arrest or other impaired driving offenses.

However, whether you already have a DUI on your record or you are facing a possible conviction, a Los Angeles DUI attorney may be able to help you.

How to Remove DUI From a Driving Record?

You cannot remove a DUI from your driving record in California. After 10 years, it will be removed from your record. Until then, it could appear in background checks if your employer decides to check your driving record as well as your criminal record.

You can request public record sites to take down information about you, but it will still be available in public data archives.

How to Remove DUI From a Criminal Record?

A DUI conviction can be removed from your criminal record under certain conditions. This is called an expungement.

The conviction can be expunged from your record if you meet the following criteria:

• You have completed all penalties given for your DUI conviction, such as completing probation and paying fines
• You did not have to spend time in state prison for the conviction
• You are not currently facing the possibility of any other criminal convictions

While an expunged DUI conviction usually does not show up on a criminal background check, some will report that a conviction has been expunged from your record.

Expunging your DUI conviction can help you get a job or an apartment. If you have a DUI conviction on your record or are facing a DUI charge in California, contact our attorneys for expert legal advice to get you the best outcome.

Halloween Driving Safety Tips

Oct 13, 2021

Halloween Safety Statistics

Halloween is one of the most popular holidays for both kids and adults, and for adults, it can often involve drinking. Sadly, this leads to some sobering statistics:

• 44% of national fatal crashes during Halloween weekend involved a driver or motorcyclist who was above the legal blood alcohol level.
• 38% of fatal crashes that occurred on Halloween night involved a driver or motorcyclist under the influence of alcohol.
• 23% of pedestrian fatalities on Halloween night were killed by a drunk driver.

What are 6 Halloween Driving Safety Tips

The most obvious road safety tip for Halloween, and every other night of the year, is to never get behind the wheel if you have been drinking, or get in a vehicle driven by someone who may have been drinking. Here are a few other tips to stay safe on the roads this Halloween:

Keep an Eye Out

The streets are going to be full of people dressed in dark costumes, so drivers should be extra aware of pedestrians on the sidewalk. This is especially important in residential areas, where there might be excited kids running around and potentially out onto the road without warning.

Watch the other vehicles on the road as well as the pedestrians. Halloween sees a significant increase in the number of intoxicated drivers on the roads at night, so give yourself the space to react safely to an erratic driver.

Drive Slowly

In any area where there are partygoers heading between bars and clubs, or kids running from door to door, keep your speed to a minimum. You can’t always rely on pedestrians to be aware of the road, and you need to be ready to react if someone suddenly dashes out in front of you.

In particular, be extra careful around junctions and blind corners, where the impaired reactions of a drunk driver could put you in danger if they don’t see you in time.

Use Mirrors and Hazard Lights

Pay extra attention to your mirrors on Halloween, for both pedestrians and other drivers. A drunk driver is more likely to misjudge the distance between them and the vehicle ahead and is also more likely to make a mistake while attempting to pass you. Drunk drivers are also less likely to notice that you have kids on board and give you extra space, making it even more important to be aware of what is going on behind you.

While it may be tempting to turn your hazard lights on to make your vehicle more noticeable, in California it is illegal to drive with your hazard lights on without a valid reason such as a road accident or breakdown. Driving with your hazard lights on can make the roads more dangerous, as you are unable to use your turn signals to tell other drivers where you are going.

Turn on Your Headlights

Thanks to all of the darkly colored costumes people tend to wear on Halloween, they will be harder to see than usual. Turning your headlights on, even in areas well-lit by street lights, does not just make it easier for you to see. It also makes it easier for pedestrians and oncoming traffic to see you.

Avoid Passing Other Cars

If you don’t need to pass someone then don’t do it, especially if they are showing any signs of impaired driving. An intoxicated driver may swerve unpredictably as you pass, especially if they lack the awareness to notice you coming. They are also more prone to road rage and irrational decisions such as deciding to block you from re-entering the lane or race ahead of you, or other behaviors that could lead to an accident.

Eliminate Distractions at All Costs

Stay ready to react to any problem that appears on the road by avoiding distractions in your vehicles, such as loud passengers or music. Using a cell phone while driving is already illegal due to it being a dangerous distraction, but even conversation with a passenger or on a hands-free set can reduce your awareness and reaction time.

If you are involved in a drunk driving incident this Halloween and want to make sure you get the outcome you deserve, contact our lawyers immediately. Our criminal defense lawyers are well-versed in the law surrounding DUI cases and can help you fight the allegations made against you.