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It is unlawful under California Penal Code 137 to give a witness anything as a bribe to influence what they say when they are on the witness stand. Likewise, a witness who accepts a bribe to affect what they say in their testimony in court can also be charged with a crime under Penal Code 138.
If you are charged with witness tampering and bribery, you could spend up to four years behind bars, the same is true for a witness that takes a bribe. Both the person who bribes a witness and a witness who agrees to a bribe will be charged with felony crimes. These laws were put in place to safeguard against false testimony by making both a person bribing as well as a person asking for or taking a bribe eligible for serious charges for these actions.
Whether it be financial compensation, tangible gifts, or promises if the prosecution in a Los Angeles criminal case can clearly show that there was intent on either side or both to offer a bribe or acquire one, then felony charges will ensue. Not only will charges come with years in prison, but there are also expensive fines a defendant must pay. Other consequences can include having to take anger management courses and the loss of the 2nd Amendment rights.
Possible Defenses to Charges of Witness Bribery in California
A defendant facing bribery charges in California has to have a strong, and convincing legal defense protecting their best interests. The Los Angeles criminal defense lawyers at the Manshoory Law Group fully understand how to counter California bribery charges.To determine the best explanation as to why your charges are illegitimate they will comprehensively review all details of your case.
Examples of effective bribery defense strategies include:
When the prosecution shows that you had the intent to bribe another party, the Los Angeles criminal defense attorneys at the Manshoory Law Group can artfully argue that the prosecution is incorrect and that the acts that happened were by chance. That the behaviors you engaged in were not connected to motivating a witness to change their story.
If you were under the influence at the time the bribe was made it can be said that you didn’t have your senses when the situation took place.
You were trying to protect someone you loved and felt compelled to engage in the acts because of the duress you were feeling.
The police entrapped you and undercover officers actively tried to get you to offer or take a bribe. In any other situation without the pressing by the undercover authorities, you would have never done such a thing.
Work with a Los Angeles Criminal Defense Attorney Today
Countering bribery charges in Los Angeles is complex and should only be done with the help of an experienced Los Angeles felony defense attorney. The talented Los Angeles white-collar crime attorneys at the Manshoory Law Group are committed to fighting on your behalf and obtaining the best possible results.
To learn more about how the attorneys at the Manshoory Law Group can help you beat your criminal charges, please call(877) 977-7750 to schedule a free case evaluation.
In its most basic terms, it’s a crime to annoy or harass someone with electronic communications and to make credible threats of harm to the recipient or the recipient’s family.
Penal Code section 646.9 states that “Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking[.]”
Harassing means engaging in a knowing and willful course of conduct directed at a specific person that seriously annoys, alarms, torments, or terrorizes the person and that serves no legitimate purpose.
A course of conduct means two or more acts occurring over a period of time, however short, demonstrating a continuous purpose
To give the law greater enforceability in the digital age, the California legislature stated a “credible threat,” as required for a stalking conviction, may be made by the use of an electronic communication device. (Penal Code section 646.9(g))
Electronic Communication Devices include but are not limited to, telephones, cellular phones, computers, video recorders, fax machines, or (oddly enough) pagers (Penal Code section 646.9(h)) Electronic Communications also borrow from the extremely broad federal definition meaning “any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system” (Penal Code section 646.9(h) and 18 U.S. Code section 2510.)
What’s the Worst that Could Happen?
Cyberstalking is a wobbler, meaning it can be prosecuted as a felony or misdemeanor. Prior convictions for domestic violence (Penal Code section 273.5), violations of domestic violence restraining orders (Penal Code section 273.6), or criminal threats (Penal Code section 422), increase the minimum and maximum punishments.
As a misdemeanor, no priors: 1-year county jail maximum, $1,000 fine maximum
As a misdemeanor, with priors: 1-year county jail maximum, $1,000 fine maximum
As a felony, no priors: 16 months or 2 or 3 years state prison, registration as a sex offender (in the discretion of the court)
As a felony, with priors: 2, 3, or 5 years state prison, registration as a sex offender (in the discretion of the court)
What Defenses can Los Angeles Cyberstalking Lawyers Provide?
To be convicted at a trial, the prosecutor must prove beyond a reasonable doubt that
The defendant willfully and maliciously harassed or followed another person AND;
The defendant made a credible threat (online or offline) with the intent to place the other person in reasonable fear for her safety or for the safety of her family;
Cyberstalking is a specific intent crime, so to convict someone of this offense, the prosecutor must prove beyond a reasonable doubt that at the time the communications were sent to the recipient, the intent of the sender was to place the recipient in reasonable fear for their safety or the safety of their family.
This presents a difficulty because only the accused generally knows what their intent was at the time they acted. However, a prosecutor is allowed to prove mental state and intent by circumstantial evidence. If the content of the messages is threatening, and the sender had no other reason to send threatening messages other than to terrorize the recipient, a jury can infer that it was the sender’s intent to do so.
Further, because the cyberstalking law criminalizes speech, an accused person might have some first amendment protections from prosecution. In fact, courts have held that “A person is not guilty of stalking if her conduct is constitutionally protected activity.”
(California Criminal Jury Instructions 1301; See Civ. Code, § 1708.7(f) [civil stalking statute].) So, it is more difficult to prove a cyberstalking case where the victim is a politician or government figure and the messages seem directed squarely at the political actions of the recipient (E.g. “You should be afraid of what God will do to you for supporting abortion! You’re going to rot in hell forever!” written to a state or local government official.)
It’s important to know your rights to react appropriately in encounters with the police. You have to know your rights when you get arrested, for example, to protect yourself. People who don’t know their rights can often make mistakes, saying things they later regret or agreeing to actions that they don’t need to agree with, simply because they weren’t aware that they had a right to refuse.
One of the most common situations in which this may happen is when you get stopped by police on the road. Many people aren’t sure about the specifics of this situation. Can police search your car without your consent?Can a cop search your car without a warrant? And what counts as an illegal search of the vehicle? This guide will answer all of the common questions on the subject.
Vehicle Search and Seizure Laws in California
Searches and seizures of cars and other vehicles may take place in a variety of situations, and it’s important to know that the specifics can vary from location to location. The California search and seizure laws, for instance, may be different from those in a different state.
In general, the police do have the power to pull over cars when they have a reasonable cause for doing so and may request to search the vehicle, obtain a warrant to search the car if the owner refuses, or carry out a warrantless search, depending on the circumstances.
They’ll often do this when they have probable cause to search a car, like if they believe that a weapon or criminal evidence may be found in the car, or if they can clearly see illegal substances or weapons in plain view. So if you’re wondering “Can police search your car if they see something illegal through the windows?”then the answer is a definitive yes.
Fourth Amendment Rights
The Fourth Amendment to the Constitution is what gives car owners protection against unreasonable searches. This essentially exists to protect people against random or arbitrary vehicle searches and invasions of their private spaces without any reason or cause.
The main reason why the Fourth Amendment was introduced was to prevent people from having to worry about unreasonable or unjustified searches. It is designed to act as a form of protection for the public and is an integral part of nationwide automobile search rules.
Vehicles as Private Spaces
Originally, the Fourth Amendment only covered homesas ‘private spaces’, but the specifics of the amendment were adjusted to incorporate a person’s car or personal vehicle too. In theory, this can offer protection against an illegal search of vehicles, but history has shown that cars aren’t as well protected as homes.
Can Police Search Car Without Warrant?
So can police search your car without having a warrant? Well, yes, as it’s not always necessary for police to have a warrant to conduct and carry out vehicle searches.
Automobile search rules on this subject have been a little vague over the years, but in 2009, the Supreme Court made a ruling that helped to clarify the situation regarding legal vehicle searches and illegal search and seizure in vehicles.
Police can search a car without any kind of warrant in these situations:
If the driver has provided consent for a warrantless search
If the officers have probable cause to indicate that illegal activity or criminal evidence could be found in the vehicle
If the officer feels that their safety is in jeopardy from a concealed weapon or other threat
If you are being arrested and the search is a relevant part of the arrest process
What Happens If Police Damage My Automobile During the Search?
This is something of a gray area, and there have been different cases in which people have made claims and gone to court after their possessions or property were damaged in vehicle searches.
In general, if the police have probable cause to search a car, search it, find illegal substances, and do some damage in the process, the owner of the car usually doesn’t have much legal leeway to get any kind of reimbursement.
However, if nothing is found and no law has been broken, the owner of the car can file a claim and potentially take the matter to court with the help of a Los Angeles criminal defense lawyer.
Judges are people and people have flaws, there is no such thing as a perfect human being. When it comes to making rulings, even judges can make errors or issue bad decisions. Prosecutors aren’t without their flaws either, and they can engage in unethical and questionable behavior. Potentially your own defense lawyer can misrepresent you and inadequately serve your interests. Juries, even when trying to get it right, may turn in an unfair and even incorrect verdict.
When you have had to endure any of these unfair circumstances and this caused you to be convicted of a crime, don’t give up hope. You are not out of options and you can take steps to undo the wrongs that took place in your case. Appealing your conviction, if successful, can help you preserve your freedoms and protect your legal justice. If even one of these circumstances above happened to you, you are entitled to appeal the conviction.
The Manshoory Law Group is a California criminal defense law firm that is dedicated to helping aggrieved individuals overcome their charges and get a second chance at life and a better future. The court where your case is seen for an appeal will depend on the type of crime you committed. Potentially, you can have your case seen at as high of a court as the United States Supreme Court. To ensure that you are properly represented and that your argument is artfully explained and litigated, count on the Los Angeles criminal appellate attorneys at the Manshoory Law Group.
Where Will You Appeal Your California Criminal Conviction?
If you are appealing a California misdemeanor conviction you would be seen at the Appellate Division of the Superior Court. When you are appealing a California felony conviction then you would be seen at the California Court of Appeal. If you were charged and convicted of a federal crime and wanted to make a federal appeal for that verdict you would go to the United States Court of Appeal for the Ninth Circuit. Should it be necessary, your appeal could go to the Supreme Court to be adjudicated.
It is valuable to mention that your appeal doesn’t mean that you are going to have a whole new trial. You are not. This is not what the appeals process is for or how it operates. The higher court where your appeal is seen will simply review your conviction decision.You will not have the opportunity to present new evidence, your case will not be retried, and no witnesses will be heard.
Speak with a California Criminal Defense Attorney Today
Typically, overturning a conviction verdict in California is an uphill battle and is a challenging proposition. However, you may have a valid case that is worth the appeal process and the best thing you can do is to ensure that you have the most experienced and highest-quality legal representation with the leading criminal defense professionals available. The Los Angeles appeals lawyers at the Manshoory Law Group will convincingly and forcefully fight on your behalf to detail the mistakes that occurred in your case which unjustifiably lead to your conviction. To speak about your unique situation during a free case evaluation, please call the Manshoory Law Group at 877-977-7750.
California’s bail system allows some defendants the ability to avoid having to stay in jail while they await their court date. Individuals who are charged with crimes punishable by death, individuals who have violated their parole conditions, and individuals that are believed to be a safety concern for the public will not have the right to bail, but other defendants do.
There are many ways to pay bail giving defendants flexibility. However, popular arguments against the California bail system include claiming it is unfairly helpful to the rich who can afford to post bail and avert time behind bars waiting for a trial. When compared to the poor, it is quite unjust because the poor have no means to pay and will have to sit in prison until their date comes.
For defendants that are not able to pay their bail, they could be stuck in a jail cell for weeks or even months until their case is heard. In some cases, a defendant may have a bail amount that is so high there is no way that they will ever be able to pay it. If you have been arrested and given a bail amount that you believe should be reduced, contact the Los Angeles criminal defense attorneys at the Manshoory Law Group for help.
There are a lot of arguments an attorney can make to help their client have their bail reduced. One of the Los Angeles criminal lawyers at the Manshoory Law Group will look over your situation and determine what angle is appropriate for establishing that you deserve a reduction in your bail amount.
What Can Help Facilitate a Bail Reduction?
A top-notch California criminal defense attorney is going to look at every aspect of their client’s case to see where they can reduce charges, get a not guilty verdict, see if their client can be let off on their own reconnaissance before their trial, or find a way to have bail lowered where applicable. A judge is going to thoroughly inspect several aspects of your case to make a decision on if you should have your bail lowered.
The judge will consider the following:
The severity and nature of your crime.
If you could pose a threat to the public should you not be detained.
How extensive your criminal history is.
How dependable and reliable you are and if you are likely to show up to your court date or not.
If you used a deadly weapon when you allegedly committed a crime.
How much pain and suffering you caused a victim.
If you were in possession of or on a controlled substance at the time of the crime.
Contact a Los Angeles Criminal Defense Attorney
Being assigned a bail amount gives defendants some wiggle room when it comes to staying out of jail until they have to appear in court. Given that it can be a lengthy amount of time after an arrest before a court date is scheduled, avoiding detention is important.
Not every defendant has the funds to just put up at any given time so they can avoid custody. When bail amounts are high, there is the possibility of having them reduced. Even when a bail amount is reduced it can still be out of reach of the defendant in terms of payment. In this situation, a bail bond company may be utilized and often is.
To learn more about how you can secure the best possible outcome for your case, and to have the most aggressive and established criminal legal counsel in Los Angeles, schedule a free case evaluation with the Manshoory Law Group. To do so, simply call (877) 977-7750 today.
Defendants in felony cases in California have the right to a preliminary hearing where a judge determines if there is probable cause to send the case to trial. If the judge at the preliminary hearing believes that probable cause exists, the defendant will be arraigned and a trial date will be scheduled.
When the defendant was denied specific rights during the preliminary hearing or when there wasn’t enough evidence to prove probable cause the defendant’s California criminal defense attorney can file a 995 motion to dismiss.
A 995 motion will be reviewed by the trial judge and has the potential to have a defendant’s charges partially dismissed or completely dismissed. An arrest and conviction of a crime can change a person’s life forever. When there exist legal ways to reduce charges or have charges dropped a good attorney will find these opportunities.
Working with a seasoned and experienced Los Angeles criminal defense attorney protects a defendant’s rights and liberties. The Southern California criminal defense attorneys at the Manshoory Law Group only work on criminal defense cases and will ensure you know all of the options you have to resolve your case.
In What Circumstances Can A 995 Motion Be Successful?
Several circumstances can result in a successful dismissal from a 995 motion including:
To prove probable cause there must be enough ironclad evidence to support it. When a preliminary judge allows a case to move forward to trial with insufficient or flimsy evidence this is unjust and a 995 motion can result in the case’s dismissal.
If during the preliminary hearing more evidence is found and produced that speaks to the defendant’s innocence, the defendant should have their charges dropped.
When the evidence used to prove probable cause was gathered by illegal means, a 995 motion can have that evidence removed from the case. Then there may no longer be enough proof to support the probable cause and the charges would be dropped.
The 14th Amendment says that it is a requirement to make available all information that the prosecution has that pertains to the defendant or is advantageous to the defendant in a reasonable amount of time. If this doesn’t happen, a case can be dismissed.
Procedural failures like missed deadlines can lead to filing a 995.
Unless a defendant approves a delay in their preliminary hearing, it is unlawful to interrupt the session, and doing so will lead to dropped charges.
Attorneys who successfully argue for a dismissal will be able to have some of the charges or all of the charges their client is facing dropped. When the attempt is unsuccessful and the trial judge determines there is no reason to drop charges against a defendant, that doesn’t mean the defendant is out of options.
A defendant’s California defense lawyer can file an appeal on their behalf. The window for appealing the decision is narrow; therefore if enough evidence warrants the petition it is critical that a defendant’s Southern California defense lawyer not delay.
Speak with a California Criminal Defense Attorney Today
The Los Angeles criminal defense lawyers at the Manshoory Law Group are dedicated to providing defendants with effective and meticulous criminal defense strategies custom-tailored to their specific needs. Call our attorneys at Manshoory Law Group to schedule a free case evaluation at 877-977-7750.
When the police come knocking it is natural for an individual to feel a rush of stress and anxiety as to why they want to talk. Potentially, a police officer isn’t interested in talking but rather to take an individual into custody for a crime. When police are involved, they have the power to detain an individual, arrest them, or detain them followed by an arrest. There is a difference between detainment and arrest, and it is critically important that a defendant who finds themselves in a potential criminal situation understand their rights.
Having the support of an experienced and skilled criminal defense attorney providing you with legal counsel when you are being questioned by the police is critical to protecting your civil liberties. Defendants who are arrested and convicted of crimes face far-reaching disadvantages in life and reduced opportunities.
When you are in police custody, connecting with the Los Angeles criminal defense attorneys at the Manshoory Law Group is essential to the success of your case. While providing officers with your identifying information is advisable, answering any other questions they have in relation to a crime should not be done without the support of your attorney.
How are Detainment and Arrest Different?
Detainment and arrest are connected but are different. A detainment may not result in criminal charges where an arrest will. You may be detained because an officer suspects that you know about a crime or that you were connected to a crime, and their suspicion is reasonable and valid.
The officer can hold you for a period of time while they determine if their suspicion is backed up by evidence. This may come by way of questioning you or by an investigation, or both. In situations where the offense isn’t too serious, detainment may not take too long. However, when detainment is in response to a major criminal event, detainment can be prolonged.
Regardless of the crime you are believed to be associated with, when you are detained, if there isn’t enough information that can sufficiently link you to it you will likely not be arrested and instead, let go. Should law enforcement learn more about your case and that leads to probable cause, you will be arrested? When you are outright arrested, by contrast, both an investigation and questioning will still take place.
In both detainment and arrest situations, officers will try to use their position to find out as much information as possible to use against you either so they can arrest you or so they can support your charges.
An arrest can happen without detainment, meaning, if you commit a crime that an officer witnesses, they can arrest you on the spot. If a judge issues an arrest warrant against you, an officer will use this legal document to find you and arrest you. Only in an arrest does an officer have to read you your Miranda Rights. Your Miranda Rights detail your right to remain silent. While you won’t be read your Miranda Rights during a detainment, you still have the right to remain silent and you should know this so you don’t feel pressured to answer questions that could ultimately hurt your case.
Contact an Experienced Criminal Defense Attorney
Whether you are just detained or are arrested, it is important that you don’t self-incriminate or jeopardize your case in any way. TheLos Angeles criminal defense lawyers at the Manshoory Law Group will preserve your legal rights and see to it that you are treated fairly. Contact our lawyers at Manshoory Law Group today to schedule a free case evaluation at 877-977-7750.
In this guide, we’re looking at the difference between crime control and due process, two different models of criminal justice. There are always crime control model pros and cons, whichever system is implemented, and a lot of arguments about which of the two main methods should be put in place.
Both of these crime control model examples generally “agree”. They both dictate that the defense counsel should be an advocate for them in the justice system. Both also believe that if someone breaks the law then they should be adequately punished.
What is the Crime Control Model of Criminal Justice?
The crime control model of criminal justice is a conservative system that assumes that the suspicions of the police when arresting someone are probably correct. This allows the police to hold that person and doesn’t afford them as many protections.
Crime control model examples show people getting arrested and charged without being released back to their own homes or to continue with their lives before a court case. The crime control model of justice sees a lot of the extra steps of investigating the crime as over the top. If the crime is deemed to be almost undeniable, and police find evidence at the scene, it is unlikely to cause any contention.
Crime control is seen as harsher and comes down hard on criminals. However, some non-criminals could potentially get caught up.
What is the Due Process Model of Criminal Justice?
Due process protects peoples’ safety and liberty when they are arrested or charged. Until they have been proven guilty, they are allowed to go about their lives in a relatively normal way, especially if the crime in question does not mean they are deemed to be a danger to society.
Due process is all about preserving people’s rights. If someone is arrested and it is assumed that they are guilty, it is not necessarily fair for them to be treated in this way.
Due process model examples would inevitably see some criminals allowed to continue with their lives for a while, or treated as free citizens, at least until they are proven guilty. However, it prevents the chance of someone innocent being locked up for something they did not do.
Which Model is More Beneficial Crime Control Model vs. Due Process Model?
There is a lot of debate on this subject. The crime control model vs due process model is bound to rumble on for many years. If you look at it through the eyes of financial savings then the crime control model may be more beneficial. Some would argue that it also acts as even more of a deterrent.
However, when you look at the crime control model’s pros and cons, you will see that it can lead to innocent people losing their quality of life. This isn’t always the case, but some people argue that liberty is worth protecting to the extent where the due process pros and cons are more favorable when compared to crime control.
What Type of Legislation is Intended to Both Prevent and Control Crime?
The due process model of criminal justice is certainly not designed to keep crime levels high, but it may not be as much of a control method. The crime control model may do an effective job of preventing some reoffending and means that guilty people are taken off the streets quicker. The problem is that there is a risk to those who have not committed any crime at all.
While the crime control method comes down much harder on people, it does not protect peoples’ rights. In the USA, even a defendant has rights that need to be protected. On top of that, some argue that crime control gives a lot of power to police, and in some high-profile cases, police officers have abused their power historically. Contact our highly experienced criminal defense attorneys to analyze your case.
Due process vs. crime control will always have arguments on both sides. The different criminal systems prioritize different aspects of safety and peoples’ rights. The due process system is a lot more liberal, but this can bring with it dangers, as criminals could commit more crimes before they are found fully guilty.
After you have been arrested in connection with an alleged crime, you will have to go to court for your arraignment. If you are unsure what an arraignment is and what to expect after you have been arrested, call the Los Angeles criminal defense attorneys at the Manshoory Law Group. The California criminal defense attorneys at the Manshoory Law Group’s sole focus is on criminal defense and helping defendants protect their legal rights and preserve their futures. The attorneys at the Manshoory Law Group can answer all of your questions regarding the criminal justice system in California as well as provide you with aggressive and tactical legal defense services.
What is an Arraignment?
If you have been arrested for a crime, you will have a court date set after your arrest where you will have your charges formally set forth. During this court proceeding, you will enter your plea which would either be not guilty, guilty or no contest. Not only will you learn more about your constitutional rights at your arraignment, but you will also learn about your bail amount or if you will be released before your next court appearance.
The length of time it takes to have your arraignment will depend on your circumstances. If you had to remain in custody after your arrest, then you must have your arraignment scheduled within 48 hours. However, if you are not in custody, you are going to have your arraignment in about a week’s time or longer. No matter what type of crime you committed, whether it be a felony or misdemeanor, how long it takes for you to have your arrangement will be based on if you are in custody or not. The United States Supreme Court’s ruling that scheduling a defendant’s arraignment is something that should be done as quickly as possible is the guideline that the state of California, like the rest of the country abides by.
The reason why it is helpful to have an arraignment in a reasonable and expedient amount of time is to preserve the legal justice of defendants. If an arraignment is drawn-out, then this would unfairly give the authorities time to search for as much evidence as possible so that it could be used against the defendant. For those individuals who have been detained after their arrest, this would all be happening while they are sitting behind bars waiting.
In instances where there is bail, if the bail is paid then the defendant will not be detained and will await their arraignment which will be longer than 48 hours.There are some cases where an argument can be made for a judge to dismiss the charges of a bailed-out defendant because the amount of time it took to schedule the arraignment was excessive. In this situation, the argument must be persuasive enough to show that the delay hurt the defendant’s ability to mount a substantial and competent defense.
Meet with an Experienced Los Angeles Criminal Defense Attorney Today
The Los Angeles criminal defense lawyers at the Manshoory Law Group have a proven track record of success representing defendants’ best interests and helping them see the most favorable outcome for their case. You can contact a top-rated Los Angeles criminal defense attorney at the Manshoory Law Group 24 hours a day and seven days a week. Consultations are always free, and flexible payment plans are available. Call the Manshoory Law Group today at 877-977-7750.
A public nuisance is defined as an activity or condition that is offensive to someone’s senses or can interfere with someone’s quality of life. This is quite a broad definition, so it is down to the courts to decide whether a criminal nuisance charge is to be upheld. It could be anything that impacts your senses, such as loud noise or even offensive smells.
The laws on public nuisance are similar in most states, so deciding on public nuisance in California or elsewhere in the USA.
What is a Criminal Nuisance?
When deciding on the law of nuisance and a specific private nuisance claim, courts will consider the area’s population, what land might have been used for, how long the nuisance has been going on, and whether it can reasonably be presented.
If an ongoing nuisance is being caused, the state chooses to file criminal charges if somebody is maintaining a public problem. If someone is causing a nuisance in California, then they will only face a public criminal nuisance charge brought about by the state. Not by an individual.
A public nuisance is sometimes confused with disturbing the peace, but claims for the latter typically come from people being in danger or reasonable fear of danger. Nuisance can be noise pollution or consistent unpleasant smells from a garbage dump. These are examples that don’t cause immediate danger.
What Are The Differences Between Public and Private Nuisance?
There are some key differences between public and private nuisance claims. In a public claim, the offense is deemed to be against the general public rather than privately.
Individuals can bring about private nuisance lawsuits. The claims come from people experiencing any sort of disturbance that could be deemed to impact the enjoyment of their own private property. For example, a neighbor loudly playing music might bring about a lawsuit.
A criminal defense attorney may argue against the charges by claiming that the music is inoffensive or that it was a one-off situation. It can be difficult to get the claims upheld.
What Relief Is Available against a Public Nuisance?
The law of nuisance can be complex, and there are many forms of relief after a claim. An injunction or abatement could be used to order the defendant to stop the nuisance they are causing. There could also be a fine or even a sentence imposed against the defendant.
Criminal charges can come about as a result of public nuisance, but this is often used in extreme cases or when there is damage or the threat of damage to property. There also needs to be proof of the hardship that has been caused.
This is different from a private case, where an individual may seek damages as part of the reparations.
What is the Statute of Limitations (SOL) for a Public Nuisance Claim?
The statute can vary greatly depending on which state you are in. Public nuisance in California may be defined differently from New York, for example. A statute of limitations can depend on whether the nuisance is permanent or not.
Statutes can provide three-year limitations for permanent nuisances. The time is measured from when the nuisance occurs. Some states allow legal action to be taken for up to six years from the original nuisance, especially if it is continuous or recurring.
If you are looking to bring about a private nuisance lawsuit, then you should check whether you can bring about a criminal nuisance charge in your state. It is crucial to seek counsel from a lawyer. It is also vital that you collect as much evidence as possible. According to the statute, there usually is a time limit, so you can’t always wait to take action.
Do I Need a Lawyer for Help with a Private Nuisance Lawsuit?
While it is possible to make public nuisance complaints, a public nuisance lawsuit is likely to be out of your hands. However, if someone is causing a nuisance to your personal property and disturbing your quality of life, you may have the right to make a private nuisance claim.
This allows you to claim for an injunction or even seek other reparations such as compensation.
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