Trusted Criminal Defense Attorneys In Southern California
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It can be tricky to find employment in California, yet this process is made profoundly more difficult for people that have a criminal record. As it turns out, there are a lot of employers out there who actively avoid hiring people who have a criminal record, however, this is not entirely legal, as we will highlight later on in this article.
Employers are supposed to make individual decisions based on each candidate’s merits, and whether or not they would be a good fit for the role based on their skills and relevant experience. The matter of race, gender, and criminal history should not come into it.
On top of this, it’s estimated that 1 in 3 Californians have a criminal record of some kind, which is a huge percentage of the hiring pool to discriminate against. In this article, we will take a look at the process of getting a job with a criminal record in California, and what does and does not show up during pre-employment checks. Let’s get into it.
What Shows Up in a Police Check
If you’re wondering how to get a job with a criminal record, you will probably want to know what comes up in a criminal background check. Well, a pre-employment check usually includes looking into the applicant’s criminal history, the information they provided regarding their education and previous employment, as well as any professional licenses they hold.
The criminal background check will reveal any felony and misdemeanor convictions, pending criminal cases, or any other history of incarceration, although, this is only for convictions that occurred as an adult. Juvenile convictions do not usually appear on standard pre-employment checks. Depending on the role that you are applying for, there may be some criminal background affect on credit score, especially if you’re applying for a role in finance.
It’s important to note that the disclosure of convictions more than seven years old is forbidden in California.
What Your Employer is Legally Allowed to Consider
California introduced it “ban the box” legislation back in January 2018. This clearly stipulates that employers are prohibited from inquiring, or discussing an applicant’s previous criminal history before they have made a formal conditional offer of employment.
Furthermore, even after the employer has made a conditional offer of employment, they are still not allowed to deny employment based on their previous conviction, as long as it has been spent.
However, the employer is legally allowed to consider the nature of the convictions, the requirements of the job, and the time that has passed since the conviction itself. If the nature of the conviction is in no way related to the job, does not impact the job requirements, and enough time has passed since the employer is not permitted to consider the conviction in the employment decision process.
Can You Get a Job With a Criminal Record?
If you’re wondering how to get a job with a criminal record, a criminal history should not deter you from going after the job of your dreams. It’s perfectly possible to attain gainful and respected jobs for felons and jobs for people with records.
The Society for Human Resource Management recently found that over 80% of hiring managers believe that workers with a criminal background bring just as much, or sometimes even more value than workers without records.
As of July 1, 2020, California has enacted a major licensing reform that will make it much easier to get a job with a criminal record as it allows people with records to obtain professional licenses from 37 licensing agencies. This increases the number of jobs for people with criminal records. This even makes it entirely possible for someone with a criminal background to gain employment as a criminal defense attorney.
Are There Any Jobs That Do Not Require a Background Check in California
Luckily, there are jobs for felons, and jobs for people with a criminal record out there. However, it’s worth noting that criminal record searches are used by around 83% of employers that conduct pre-employment screening. The only way to know if a job will entail a background check is to ask the employer upfront.
You can also check websites such as www.glassdoor.com to see if you can get an idea into the application process and reach out to current employees.
With that being said, getting a job with a criminal record is typically easier than most people expect, as long as they are open and honest about the history and disclose all relevant information to the employer.
As the novel coronavirus disease runs rampant, governments around the globe have imposed different levels of lockdowns, to try and curb the spread of the virus.
The ‘stay at home’ instructions are issued to try and keep people safe, but home can be a pretty dangerous place for certain people, particularly for victims of domestic violence during the quarantine.
How Pandemic Can Exacerbate The Risks Of Domestic Violence
Extensive data, involving multiple regions, indicates a sharp rise in domestic violence during the quarantine, showing a direct link between increasing domestic violence and COVID-19. This is particularly true of populations that have been marginalized.
North Africa and the Middle East, for example, have the weakest laws in terms of protection against domestic violence. An analysis performed by UN Women assessed the gender-related impacts of COVID-19 across Palestine and found that the impacts of the disease were likely to be more severe on females, worsening pre-existing gender vulnerabilities, increasing domestic violence during the coronavirus, and exacerbating inequalities.
Moreover, Latin American countries such as Brazil and Mexico have observed a sharp rise in hotline calls, over the past couple of months.
Even though formal complaints in countries like Bolivia and Chile seem to have dropped, it is likely due to the stringent restrictions on mobility, coupled with the hesitance that domestic violence victims often feel in seeking out assistance via official means.
In the USA, people the number of calls to domestic abuse hotline services has skyrocketed, with some domestic abuse websites seeing an increase in traffic of over 300%. This goes to show the significant domestic violence increase during COVID 19.
The truth is, a lot of people have become more volatile after spending time locked down in their own homes in close quarters to their family members. Where school and employment may have once provided a necessary respite for domestic violence sufferers, this has now evaporated.
On top of this, increased tensions in households and the high levels of societal stress are very likely to cause outbursts which could lead to episodes of domestic violence.
What Can Be Done To Address Domestic Violence During Coronavirus
Understanding the importance of addressing domestic violence during the coronavirus, several countries have taken a number of measures to try and mitigate the issue:
Funding for Support Services
France has dedicated a million Euros to providing support services to victims of domestic violence. Additionally, the Italian and French governments have proposed that the European Union include steps to mitigate domestic violence during COVID-19, as part of an emergency support package provided to all member countries.
Awareness Campaigns
These campaigns are intended to provide guidance to domestic violence victims and aware them regarding the available support and options. Portugal, for instance, has distributed informative flyers across the country, and run social media campaigns through multiple channels.
Frontline Workers’ Training
People employed in essential services, such as supermarkets or pharmacies, have learned how to help domestic violence victims seeking assistance. Across Greece and Spain, ‘Mask-19’ has been adopted as a codeword for domestic violence during coronavirus.
What To Do When Falsely Accused Of Domestic Violence During The Lockdown
It is true that the lockdown has led to a sharp spike in the number of domestic violence cases. However, certain women (and men) will try to manipulate the situation to falsely accuse their partner of domestic abuse.
A false accusation of domestic violence might come as a shock to you, but swift action is crucial to ensure the elimination of the accusation, as well as mitigation of any associated consequences.
As the wrongly accused party, it is crucial to hire a lawyer before you do anything else. Proving innocence in a domestic abuse case can be tricky and tough, and the earlier the lawyer starts developing a defense, the higher the probability of success.
Building up a sturdy defense could include bringing in an expert witness into the scene who could explain certain bits of incriminating evidence, or prove that the bruises or other damages were not the results of violence inflicted by the accused party.
The victim’s medical evidence is also important, as it would allow the legal team to dispute the location or timing of the evident damage. In order to have a real shot at victory, the lawyer needs to attack the case from multiple angles.
The second step would be to reduce the damage that the charges and the possible court case might inflict. Character witnesses come into play here, as they can vouch for the accused’s character.
They can also help establish how the alleged party could not have caused the violence he/she is being accused of, due to a variety of reasons.
All the defense needs to do is plant reasonable doubt within the judge/jury’s mind(s), and a domestic violence attorney can help you do that.
This article highlights the link between the lockdowns and an increase in domestic violence during coronavirus, possible steps that could be taken to reduce domestic violence under the circumstances, and how to proceed in case you have been incorrectly charged with domestic abuse.
A lot has changed since the country has been shut down and has been dealing with the coronavirus pandemic. In California, the courts acknowledged that individuals who are sentenced to prison or jail are at-high risk of being exposed to and then infected with the virus.
To minimize the number of people in the jail system who could get the virus and potentially die from it, a statewide rule was issued lowering the cost of California bail and even assigning no costly bail to those arrested for misdemeanor and low-level felonies. This effort is intended to keep people with lesser crimes safe from exposure by not having them sit in prison while they await their court date.
Some say that prosecutors are not complying with the bill or working around it which has led to many who were eligible for release, still waiting in jail. Those who are convicted of violent and serious felonies such as murder or assault with a deadly weapon and those charged with sexual assault crimes do not qualify for Zero Bail provisions.
Additionally, the following crimes will also not benefit from Zero Bail:
Resisting an executive officer
Protective or stay away order violation
Domestic violence
Restraining order violations for violent threats or harm against the protected party
Stalking
Driving under the influence
Driving under the influence and causing injury
Any offense requiring registering under Sexual Assault Type Offenses – 290(c)
Felon in possession of a firearm
What Is The Controversy Over Zero Bail?
Those that are proponents of Zero Bail believe that the intent of the rule is to protect the population from COVID-19, even those who have been arrested. However, there are cases where prosecutors are engaging in tricky tactics to either completely ignore the rule and simply not comply or are upping the charges to higher crimes that don’t qualify for Zero Bail.
For example, those who are arrested for minor stealing are seeing several California district attorneys elevating the charges to felony looting. Felony looting excludes the individual to obtain Zero Bail. Individuals that should be eligible for Zero Bail are not being fairly represented and even charged with much higher bail than necessary.
The opposition argues that arresting defendants who know they won’t go to jail, just go back out on the streets and continue to commit more crimes. Officers are continually in a cycle of arresting individuals and then after they are released, having to arrest them multiple times because they are not detained.
This is not only discouraging for law enforcement but also puts the public at an increased risk of being victimized. It also causes those who have already been victimized to feel like they have been forgotten by the police.
Where Can You Find A Criminal Defense Lawyer In Los Angeles?
If you have been convicted of a low-level crime and need legal representation that will fight to protect your rights, the aggressive and experienced Los Angeles criminal defense attorneys at the Manshoory Law Group, APC will help you see the most favorable outcome.
The California criminal defense attorneys at the Manshoory Law Group, APC have extensive experience helping our clients lower their charges or eliminate them.
Call the Manshoory Law Group, APC anytime day or night at 877-977-7750 to discuss your situation with one of our resourceful Southern California criminal defense attorneys.
The rules for legal immigration to the United States are strict. Because the United States has an abundance of law-abiding people waiting for approval to legally immigrate and they don’t want to import individuals who will cause problems, breaking the law has consequences.
While it would certainly be better to understand the DUI and immigration consequences before you decide to drink and drive, compounding the mistake by not seeking legal assistance isn’t wise. Understanding a DUI and immigration status implications of being charged is important to consider right away. Your defenses may dwindle if you delay.
If you are planning to apply for citizenship, you must provide details about your entire criminal history, including charges that are dropped or dismissed. Failure to disclose the full and complete information on your N-400 application can lead to dismissal or outright rejection of your application. So, being arrested for a DUI can affect your immigration status.
The N-400 application asks, “Have you EVER been arrested, detained, or cited by the police or any other law enforcement officer?” If the answer is yes, you will be required to bring documentation of the disposition of every instance to your interview for all arrests and detentions, even if the records were expunged or a plea bargain reduced the charges. The copies must be original certified copies to avoid delays.
Crimes of moral turpitude are significant when it comes to immigration matters. Recklessness has been deemed a “culpable mental state if it entails a conscious disregard of a substantial and unjustifiable risk posed by one’s conduct.”(26 I&N Dec. 464 (BIA 2015) Choosing to drive while the ability to drive is impaired by alcohol has been deemed reckless behavior in more than one case.
Can a DUI Effect on Green Card?
If you were planning to apply for naturalization, you’ll want to wait for five years after being charged with a DUI. Although your criminal history over the past five years is the primary consideration when you apply for naturalization, your entire criminal history must be disclosed.
If your green card renewal period is within the next few years, you should consult an immigration attorney for advice.
Also, if your DUI involves serious bodily injuries that result in your being sentenced to more than six months in jail or prison, the DUI effect on green card can be serious.
If this is not your first DUI, or you have other charges associated with the DUI or even unrelated charges, removal proceedings may begin as the result of the DUI.
Being charged with an “Under 21 DUI” has more serious DUI and immigration consequences than a DUI at older ages since California has a “Zero Tolerance” law for underage drinking. Because consuming alcohol when you are underage is illegal, your driving does not have to be impaired for you to be charged. Testing positive for any alcohol in your system is sufficient to be charged with an underage DUI.
Can You Get Deported for a DUI?
If you have a green card, driving while under the influence of alcohol or drugs can you get deported for a DUI if you panic and flee the scene of an accident where you caused serious bodily injury or death. If you aren’t involved in an accident associated with your DUI, the DUI effect on your green card will be non-existent unless you’re a habitual drunkard.
If you are not a permanent resident, the law can get you deported for a DUI not involving a felony conviction, or result in re-entry being denied, or refusal to renew a visa.
A conviction under Section 101(a)(48) of the Immigration and Nationality Act defines a “conviction” broadly. It is important to have experienced help. DUI and immigration consequences are complex topics that require knowledge of someone with experience in these matters.
Your plea and the charges you’re convicted of can affect your visa or lead to you being deported. Hiring a Los Angeles DUI attorney to assist you with the charges is important to the outcome of your case.
Definitions of Human Trafficking and Sexual Exploitation
Human trafficking can involve forced labor and involuntary servitude without sexual exploitation; however, this article focuses on aspects of technology and human trafficking that involve sexual exploitation. Sexual exploitation involves sex trafficking by force, fraud, deception, the force of threats, abduction, abuse of power, or coercion that involves a commercial sex act.
18 U.S.C. § 1591 calls for a life sentence for sexual exploitation crimes involving minors under age 14; 40 years for crimes involving minors over 14 and under 18 years old. Sexual exploitation of adults is charged under 18 U.S.C. § 1589 with punishment beginning at 20 years and increasing up to life sentences if death occurs, kidnapping is involved, or aggravated sexual abuse is attempted or occurs.
Sexual exploitation typically involves forced prostitution, pornography, or stripping. It is important to note that human trafficking does not require transporting someone across the county, state, or international borders.
What is Online Human Trafficking?
Just like honest businesses, human traffickers find online recruitment and marketing efforts more efficient than other methods of finding victims and customers.
Human trafficking online begins with a lie. Messages to vulnerable people quickly help traffickers identify those who are willing to engage in further conversations with strangers on the internet. Children who post about trouble with their parents can be easy prey.
How Do Human Traffickers Use Technology?
Technology and human trafficking are paired with each innovation. Illegal operators adopt new technology quickly from chat rooms and smart phones to video surveillance and money transfer and bitcoins. Human trafficking technology can be used to identify potential victims and facilitate connections between customers. Early adopters adopt human trafficking technology before lawmakers and enforcers understand how they fit together.
Criminals use human trafficking online technology for a variety of purposes including:
Maintaining anonymity while conducting criminal activities
Move cryptocurrency and other anonymous financial transactions
Recruit victims
Access information that facilitates in identifying and abducting victims
Sell victims for sex
To sell recordings or live streams of victims in sex acts
Monitor victims with video surveillance
Coerce victims with threats of exposing recordings
Advertise the availability of their victims for sexual exploitation
Not all technology used for human trafficking is done online. Tracking devices have been placed on automobiles that allow traffickers to follow unsuspecting victims to provide opportunities to kidnap them.
How to Protect Yourself From Human Traffickers
Being vigilant and aware, trusting your instincts, and being prepared to defend yourself are all important ways you can protect yourself. Manage your internet settings to restrict your posts from being seen by anyone other than your friends and set your location settings to private. Be mindful of how much information you give away. Data aggregation technology allows someone to find the location and other private details that feel safe to post on their own, but in combination with other posts, make you easy to find. For example, the date of your prom and homecoming game can be used to identify your school.
Trust your instincts. Lonely people and those with desperate financial needs can make easy targets. Don’t trust solutions that come too easily without independently verifying the information.
Some traffickers will learn about your troubles online and then meet you in person, seemingly by chance, dangling a solution that is a trap. Overseas jobs, farm labor and modeling jobs, and other “opportunities” are used to entice victims. Big profits can be earned from trafficking victims. Perpetrators can be male or female. They are motivated by money, not sex.
Use caution. Be prepared to defend yourself and call out for help if you feel threatened. While it is not always necessary or desirable to travel or shop with friends, not being alone is safer than being alone. Also let someone know where you’re going and when you expect to be home, even if you live alone.
Keep your faculties about you. Using mind-altering drugs and alcohol increases the risk of abduction.
If you plan to meet someone from the internet, to buy or sell something or to date, meet in a public place and send their photo to someone who is expecting it. Having their photograph can help law enforcement if the worst occurs.
How are Crime Trends Changing During the Pandemic?
Every day living in the world of coronavirus, the things that are happening are almost unreal. All aspects of life are affected, including crime. As millions are self-quarantining, ordered to stay home, and advised to practice social distancing, America’s largest cities are seeing a drop in the crime rate.
As stores and restaurants close down, public spaces are no longer crowded, and public transportation is being used less, there are fewer people out and about, vulnerable to crime. Three of the largest, most populated cities, New York, Los Angeles, and Chicago report that since the pandemic changed how we operate in society, they have seen a drop in crime.
According to Dermot F Shea, New York City’s police commissioner, most crime has lessened. Burglary and assault crimes have decreased in the city by 25%. Sex crimes were also on the decline by nearly 50%.
In Los Angeles, there was also a drop in crime by 5.6% from where the crime rate was the previous year. The Mayor of Los Angeles, Eric Garcetti told CNN that what is happening in LA is that crime is going down while peoples’ generosity is increasing.
Police captain Jiff Rinaldo echoed the same trend in Buffalo, New York. As businesses closed down the crime also followed with decreased occurrences. Rinaldo explains that one reason is that much crime takes place around commerce. In the absence of commerce, crime naturally falls. Daily arrests have dropped from a normal 20 each day to 2 per day under the new coronavirus circumstances.
In Chicago, it was the same story. There were 201 arrests made on Friday a couple of weeks before everything started to shut down. The following Friday there were only 60 arrests. According to Charlie Beck, the Interim Chicago Police Superintendent, the arrest numbers are at a historic low.
What Has Happened to California Crime Trends?
In 2017, the Public Policy Institute of California (PPIC) reported that there was a rise in violent crime by 1.5%. However, the statewide rate is fairly low when compared to the crime rates of the late 1960s. In 2017, though, the property crime rate decreased by 2.1% from 2016.
The state is not homogeneous, every region has its own unique crime rates. The South Coast, for instance including Imperial, Orange, San Diego, and Ventura Counties had the lowest violent crime and the lowest property crime in 2017. San Joaquin Valley had the highest violent crime rate that year.
There were many counties, approximately 33 out of 58 had an increase in violent crime in 2017. In 19 of those counties, the rise in violent crime was extreme at over 10%.
In 26 of the 58 counties property crime decreased in 2017. In nine communities including Kern, San Luis Obispo, and Santa Barbara, there were significant decreases in the property crime rate by over 10%.
Where Can You Find A Criminal Defense Lawyer In Los Angeles?
The aggressive Los Angeles criminal defense attorneys at the Manshoory Law Group, APC are here for you when you have been arrested. It is best you do not speak with the police before you consult with an experienced California criminal defense attorney from the Manshoory Law Group, APC. Our team will build a solid defense strategy for you.
Call the Manshoory Law Group, APC at 877-977-7750 to discuss your situation with one of our resourceful Southern California violent crime defense attorneys today.
Hit-and-run accidents occur when a driver causes property damage or personal injury to another person or their property. Property damage extends beyond hitting another vehicle.
Damaging your neighbor’s mailbox without stopping to let them know is a hit-and-run accident. Hitting a pedestrian or cyclist and fleeing the scene is also a hit-and-run accident. Running over a stray animal is also a hit-and-run accident if the driver doesn’t stop and attempt to notify the owner.
Now that we’ve answered, “What is a hit and run accident?” let’s look at the laws and penalties for hit and run accidents.
What are the Hit and Run Laws?
In California, Vehicle Codes 20001 – 20004 describe the requirement to report accidents and the penalties for failure to report accidents as prescribed by the Vehicle Code. The code differentiates between accidents involving property damage and those involving injury or death. Vehicle Code 20001 requires the driver to stop immediately and comply with the requirements of Vehicle Codes 20003 and 20004.
Failure to comply with the requirements of hit and run laws can result in imprisonment for up to one year unless the accident caused death or a serious and permanent injury in which case imprisonment of up to four years may be ordered upon conviction.
Vehicle Code 20001 also allows for fines between $1,000 and $10,000.
An additional sentence may be added if the person is convicted of violating Penal code §191.5 (Gross vehicular manslaughter while intoxicated) or Penal code §192(Vehicular manslaughter).
Permanent, serious injury is defined as an injury that causes permanent loss of function or the loss of an organ. For example, an accident that requires the removal of a kidney would be considered a serious injury.
A car hit and runs require the driver to provide the other driver and law enforcement officers with their current name, address, vehicle registration number, as well as the names and addresses of injured passengers under Vehicle code 20003 and 20004. Fleeing hit-and-run accidents is one of the top DUI mistakes made by drivers.
What is the Penalty for Hit and Run Car Accidents?
Two main factors determine if the hit and run driver is charged with a misdemeanor or a felony:
Whether the accident involves serious bodily injury or death, or
Whether the accident occurs during the commission of a crime
If a driver flees an accident that occurs during the commission of a crime or one that causes serious injury or death, it will be a felony.
If the accident only involves property damage, the hit-and-run charges will be a misdemeanor, and additional ways to resolve the situation may be available.
Penal Code 1377 allows the driver to make a compromise and pay restitution to the party who suffered property damage after their car hit and runs from the scene if the injured party agrees to the compromise and complies with Penal Code 1378 and acknowledges that satisfaction for the injury has been received.
A felony conviction for a hit-and-run accident is a crime of moral turpitude that can have a negative effect on your ability to work in industries requiring honest behavior and on immigration status and naturalization proceedings.
Does Car Insurance Cover Hit and Run Accidents?
The answer to this question can be complicated. If you don’t carry the right type of coverage, you may not be able to recover damages.
If a driver hits your car and flees, you can file a claim to pay for the property damage to your vehicle under your collision coverage and under MedPay and Uninsured/Underinsured for bodily injury. However, you cannot file under uninsured or underinsured for property damage or bodily injury if law enforcement doesn’t determine the identity of the hit and run driver who hit you or damaged your property.
Make note of as many details as possible about the accident. Details help law enforcement find the driver who fled the scene of the accident. If you are being charged with a hit-and-run accident, contact a Los Angeles DUI lawyer to assist with your defense and explore your options.
We are proud to be named one of the top 16 Best Criminal Defense Law Firms in Los Angeles by Expertise.com. During their review process to determine the best criminal defense lawyers in Los Angeles, Expertise.com reviewed almost 3,000 firms (2,780). They eliminated 1,106 from consideration before curating 1,674 firms and selecting the 16 best criminal defense attorneys in Los Angeles.
It means a lot for Manshoory Law Group to be included on this hand-picked list of just 16 law firms in Los Angeles. Expertise.com used twenty-five variables in their scoring process from five critical areas to determine the best law firms in Los Angeles.
Reputation
Reputation is evaluated based on the experiences of actual customers who engaged the firm’s services.
Credibility
Credibility requires a solid foundation including licensing, accreditations, and awards won by the attorney or firm.
Experience
Experienced attorneys have the upper hand when it comes to winning and settling cases and knowing when to pursue each course of action. Experience is rated on both the education, including continuing education, and actual experience.
Availability
There is nothing worse than an attorney who isn’t available when you need help. Availability also includes being approachable. Legal matters can be difficult to talk about. An attorney who makes it comfortable to disclose sensitive information with confidence can ease some of the stress of dealing with legal matters.
Professionalism
Professionalism should be a cornerstone of any law firm, but that’s not always the case so Expertise.com includes rating the firm based on the respect of clients, peers, and the bench. Attorneys must be honest and reliable to earn a reputation for professionalism.
Manshoory Law Group worked hard to earn the trust and respect of our clients that led to being named one of the top 16 law firms in Los Angeles. Our goal is to continue providing that level of service and satisfaction to every client.
Our practice areas include criminal defense for both state and federal crimes. We serve clients who speak English or Spanish. If you have been wrongly accused of a serious crime such as homicide, sex crimes, crimes against children, or drug crimes, we can help. We also handle contract fraud, theft, property damage, driving violations, and cyberstalking charges.
If you need assistance with a legal matter involving any of our areas of practice, contact us by (877) 977-7750. We will do our best for you.
If you are notified that you have violated probation and a hearing has been scheduled, you may be wondering, “What is a probation violation hearing?” In this article, you’ll learn what to expect and how to prepare for your hearing.
If someone who is on probation fails to adhere to the requirements of their probation, they are entitled to a hearing before their probation is officially revoked. The outcome of probation violation hearings depends on the specific circumstances of the violation, the reasons for the violation, and the probationer’s criminal history and attitude.
While on probation, almost any law you break, other than most traffic violations, can violate your probation. If you fail to keep your agreements, it is a violation of probation. Probation violations include the failure to do specific things including:
Attend, participate in, and complete court-ordered treatments or counseling. This can include:
Pleading nolo contendere to another criminal charge
Possession of a firearm (if you’re a prohibited person)
Being in an area where illegal drug sales occur (if drug-related offender)
Leaving the county or state without permission from your probation officer
What Happens at a Probation Violation Hearing?
There are two parts to a probation hearing. They may both occur at the same time or be separated by a period of time. During the first part, the judge considers the evidence and decides if there is probable cause to summarily revoke probation.
A summary revocation is not an official, permanent revocation. A summary revocation allows the court to take action to detain the probationer. If the probationer isn’t present, a bench warrant can be issued for their arrest.
If probation is temporarily revoked, the clock stops on the probation until the judge makes a final ruling. However, if the probationer is not detained, the restrictions attached to the conditions of their probation remain in effect.
The second part of the probation hearing process is a formal hearing and may be delayed for months if the courts’ calendar is crowded. Witnesses, who can be cross-examined just like witnesses at a trial, can be called to testify. When making the decision, the judge may also consider the probation officer’s report.
During probation hearings, the judge’s decision considers all relevant factors including past probation violations, criminal history, the type of violation, and whether the probationer is a danger to the public. Based on the evidence and the probationer’s attitude, the judge can order a variety of outcomes including:
Formal revocation of probation. This results in the probationer being remanded into custody to serve the remainder of the sentence.
Reinstate probation as it was
Reinstate probation with new terms and conditions that may include
Fines
Jail time
Community service requirements
Attending specific courses
A requirement to find employment
Extending the duration of probation
What do I Need to Prepare for PVH?
If there is evidence that the violation did not occur, gather evidence to support the claim. For example, if the claim is that you did not pay restitution, bring documentation from the bank showing it was paid. If there are reasonable explanations for your actions, gather and bring any evidence that could help your case.
Dress for the hearing the way you would dress for an actual trial, clean, well-groomed, and as calm as possible.
Do I Need an Attorney?
Now that you know what happens at a probation violation hearing, you know that hiring a Los Angeles criminal defense attorney to represent you gives you the best chance of obtaining the desired outcome. If evidence exists that justifies the violation, such as a convicted drug offender being in an area where drugs are sold looking for their runaway teenage child who had been seen in the area, an attorney may be able to present the evidence in the best light.
Your attorney may be able to present evidence that will lessen the negative impact of the probation violation.
Although Schedule III drug charges aren’t as serious as Schedule I and II crimes, the outcome of your case will have a significant effect on your future. A federal law, enacted in 1970, The Federal Controlled Substances Act classifies controlled substances (drugs) under a single law replacing an assortment of laws that had developed over time. Five separate categories were created by this law.
When classifying a drug, the first step is determining whether or not there are medical uses for the drug and the second is the drugs potential negative effect on mental or physical health including the potential for addiction. The Federal Drug Scheduling System classifies drugs according to how harmful they are and includes Schedule I, II, III, IV, and V. Schedule I is the most harmful and Schedule V has the lowest risk of abuse.
In this article, we’ll discuss the list of Schedule III drugs.
What are Schedule III Drugs?
California follows the Federal Schedule for listed drugs in California Health and Safety Code § 11056 although California refers to them as C-III drugs. Schedule III drugs include narcotics and non-narcotics. Drugs included in the list of Schedule III drugs include narcotics that contain no more than 90 milligrams of codeine per dose.
Examples of Schedule III drugs include:
Dronabinol
Suboxone
Tylenol with codeine
Vicodin
Non-narcotics on the list of Schedule III drugs include:
Anabolic steroids
Ketamine
Benzphetamine
Marinol – a synthetic version of THC
Phendimetrazine
When determining which drugs will be Schedule III drugs, the risk of dependence is considered. Drugs with a moderate or low risk of physical dependence that have a high risk of psychological dependence may be classified as Schedule 3 drugs. They also have a potential for abuse, but that potential is less than drugs classified as Schedule I or II drugs.
The penalties for a Schedule III drug charge depend on whether the charge relates to simple possession or trafficking.
Civil Penalties
Possession can be charged in two ways. The Anti-Drug Abuse Act of 1988, Public Law. 100-690, contains “User Accountability” requirements for the possession of personal use quantities of illegal drugs. The law is codified at 21 U.S.C. § 844a.
In addition to potential criminal penalties, the “User Accountability” law holds users personally accountable by imposing civil penalties. Individuals convicted of possession can also be denied public housing assistance and student loans. In some cases, prosecutors will use this law to punish minor drug offenders but don’t leave them with the stain of a criminal record that can impede their ability to support themselves or their families.
The fine can be up to $10,000 but considers the individual’s income and assets so it doesn’t burden poor people with impossible fines.
The public record can be destroyed for first offenders who meet the requirements of paying their fine, not being convicted of a crime during the following three years, and passing a drug test.
Individuals with prior drug convictions and those who have taken advantage of this provision twice before are not eligible.
Criminal Penalties
Possession is also subject to criminal penalties that vary based on the quantity of drugs the person is found in possession of and their criminal history.
First offenders are usually looking at a maximum of 1-year and a fine of up to $1,000.
A second offense requires a minimum sentence of 15 days with a 2-year maximum and a fine of up to $2,500.
The third offense requires a minimum sentence of not less than 90 days and not more than 3-years and up the fine to a minimum of $5,000.
Any offense involving Flunitrazepam has a fine of up to $250,000 and up to 3 years in prison.
Minimum sentences may not be suspended or deferred.
Trafficking
Offenders guilty of trafficking illegal drugs are subject to stiffer penalties outlined in the DEA Enforcement Guide.
First offenders may not be sentenced to more than 10 years unless their crime caused serious injury or death, in which case the maximum is 15 years. The individual fine can’t be more than half a million, but if a company is involved, it increases to $2.5 million.
The potential penalties and fines double for second offenses.
What to Do If You Have Been Charged with Possession of a Schedule III Drug?
If you are charged with any crime involving Class III drugs, you need a drug crime attorney to represent you and help you fight the accusations. Your personal freedom, finances, and your future depend on the outcome of the case.
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