Trusted Criminal Defense Attorneys In Southern California
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California is one of the leaders in shifting from the criminalizing of drug use to treating it as a substance abuse problem in many situations. California has legalized adult use of marijuana and reduced the penalty for cocaine possession to a misdemeanor in some situations.
Penalties for selling cocaine are larger than those for mere cocaine possession in California. Looking at the drug schedule, we see that cocaine in California is a Schedule 2 drug on the California Uniform Controlled Substances Actand the California Health and Safety Code 11350 prohibits cocaine possession in California.
What is Cocaine Possession in California?
The penalty for cocaine possession in California depends on the type of possession you’re convicted of. When you were in control of the cocaine, such as drugs found in your pocket, purse, or body cavity, you are charged with actual possession.
If you’re not in direct control of the drugs, such as cocaine found in your vehicle, locker, or home, it is constructive possession.
If cocaine is found in a shared space and you were aware of its presence, it is joint possession.
If your roommate has cocaine stored in a cabinet and you’re aware of it, that’s joint possession.
Is Cocaine Possession a Felony in California?
In 2014, California voters passed a ballot initiative, Proposition 47, that changed simple possession for personal use to a misdemeanor instead of a felony. The goal was to save money prosecuting and housing drug users in prison.
The monies saved are used to prevent future drug abuse by reducing truancy and dropouts and providing drug abuse treatment options, mental health support, and other programs that focus on prevention and recovery instead of punishment.
Possession with intent to sell by certain individuals or in certain locations continues to be a felony.
What is Simple Possession and its Penalties?
Simple cocaine possession in California is possession of a small amount of cocaine for personal use. Individuals charged with simple possession are often given a variety of options as far as the penalties.
An individual with no prior record may be offered drug rehabilitation in a drug diversion program and have the arrest removed from their record if they successfully complete the rehabilitation program.
Depending on the circumstances, individuals who plead guilty may be given probation instead of jail time. Even those who have prior records for drug possession may receive short jail terms as low as a month and not more than six months. If you have your case handled in drug court, it can help you avoid incarceration. Others may be sentenced to up to three years if they have prior convictions.
A drug crime attorney can skillfully navigate the situation in an effort to reduce your risk of a harsh sentence.
Individuals with felony convictions who have prior convictions for serious felonies or those required to register on California’s sex offender registry will face more serious penalties.
Which are the Penalties for Possession of Cocaine for Sale?
Actual possession can be a possession for personal use or possession with the intent to sell. If you’re charged with possession with the intent to sell, the penalties are much harsher. California would rather crackdown on suppliers than users.
The penalty for cocaine powder with the intent to sell can result in prison sentences of 2, 3, or 4 years. Crack cocaine convictions are a year longer. The sentence may be served by combining a year in jail with two or three years in prison.
If the person being convicted has priors, the prison time may increase by three years. Egregious actions such as selling in a school zone, selling cocaine to a minor, and selling large quantities will receive harsher penalties.
If you’re charged with possession with the intent to sell, you’re not entitled to attend drug rehabilitation instead of serving time. Probation might be an option, depending on the specifics of your case and your attorney’s ability to negotiate on your behalf.
Possession with the intent to sell includes possession with the intent to give away the drug. If you buy cocaine for your spouse or friend, you’re exposing yourself to the possibility of being charged with a more serious crime.
A conviction can result in jail or prison time and quite a few professional licensing boards, from insurance to medical, may deny you a license to engage in your occupation as the result of a conviction.
How Can I Defend Against a Cocaine Possession Charge?
Skilled defense attorneys can build a case leading to the best possible outcome based on the specific charges and facts surrounding the case. If a search was involved, challenging the lawfulness of the search is one way to approach the case.
Consult with a drug crime attorney so you’ll know your options.
The Los Angeles Police Department has confirmed that a “serial robber” is preying on Los Angeles-area banks. Incidents have been occurring since November of this year. The perpetrator has been entering the banks and violently threatening to shoot everyone until cash is rendered.
Banks in Los Angeles and West Hollywood have been targeted by both robberies and attempted robberies from November 22 through December 16, according to authorities.
The pattern taking place is that the robber goes into a bank, approaches a teller, and begins making violent threats. These are the only details released by the police at this time.
What Are The Laws Relating To Bank Robbery In California?
When we think of bank robbers, visions of bandits running into a bank and coming out with bags of cash come to mind. It seems as if this isn’t a problem in modern times, but in fact, it is an issue plaguing authorities. According to reports from the FBI, in 2014 approximately 4,000 banks were robbed in the United States.
Bank robbery is a federal crime under Title 18 section 2113 of the United States Code. Under this code, any type of intimidation or force that one participates in towards taking anything of value from banks, credit unions, and savings and loan associations is federal robbery. It also specifies that a robbery of an armored truck or bank messenger, night depository, or automatic teller machine (ATM) will garner the same fines and punishments that are associated with robbing a bank.
Every crime is different and depending on the details of the crime there are a number of additional charges that can be associated with bank robbery including:
Federal burglary or larceny (18 USC § 2113(a));
Federal receipt of stolen bank property (18 USC § 2113 (c));
Federal assault with a deadly weapon (18 USC § 2113 (d));
Assault with deadly weapon or force likely to produce great bodily injury (California Pen. Code, § 245); or
Extortion (California Pen. Code, § 245)
What Are Punishments for Federal Bank Robbery?
Federal bank robbery comes with serving time in federal prison for up to 20 years or a fine that can be as high as $250,000. In some cases, the bank robber will receive both a prison sentence as well as a fine. These penalties are just the minimums.
The details of how the robbery crime took place can also increase the harshness of penalties.
Increased fines and prison time up to 25 years come with a robbery where an assault of any person occurs.
The murder or abduction of a person during a robbery or in an attempt to flee the scene will result in life in prison or the death penalty.
How to Defend Against Bank Robbery Charges
If you committed a federal crime you need a highly credentialed and experienced lawyer to handle your case effectively. The Southern California criminal defense attorney Shaheen Manshoorty at the Manshoory Law Group, APC has been admitted to all four of California’s United States District Courts.
He has extensive experience defending highly complex cases and will guide you through the entire process so you are not in the dark. You deserve to be treated with dignity and it is vitally important that after a crime you have your best interests represented.
Crime increases significantly during the holiday season. Harried shoppers are easy targets when they focus on finishing their list and forget to be cautious. Homes filled with brand new electronics and other goodies also temp thieves.
General Holiday Safety and Crime Prevention Tips
If you will be away during the holidays, protect your home with these holiday safety tips. If you have a trusted friend or family member who can house sit while you’re away, so your home isn’t empty, it’s a good idea to ask them to stay. But be sure it is someone trustworthy because they’ll have unrestricted access to your home.
Holiday crime prevention is easier today because there are more ways than ever to protect your home while you are away. Several reasonably priced systems are available that record anyone who approaches the house and allows you to interact with them over your smartphone and a speaker system. If you respond when they come to the door, they won’t think your home is unoccupied unless you’ve advertised your trip on social.
Don’tpost pictures from your trip until you return. Putting lights on timers that mimic your use when you are home is another good way to make your home seem occupied while you’re away.
Of course, putting a pile of presents under the tree isn’t a smart idea either. If you’ll be away, put wrapped packages away in storage bins or in an attic or basement storage space to make it harder for thieves to run off with your presents. Make arrangements to prevent mail, holiday flyers, packages, and newspapers from piling up and alerting people who are passing by that you’re away.
Safety Tips for Holiday Shopping
The best holiday safety tips for holiday crime prevention require you to think about crime prevention before you leave home and avoid risky situations.
Instead of carrying a purse or a wallet, wear a vest or jacket with pockets that zip and keep your credit card and ID in the zipped pocket. Only carry the cards and cash you expect to use. If you have a wireless credit card, a thief can pick your pocket without touching your card unless you protect the card.
If you have multiple RFID cards, stacking them together can confuse the scanner but encasing them in heavy-duty tin foil wrapped around cardstock provides added protection. You can also buy an RFID shield sleeve for your cards. Keep your card in the protector and only remove it when you are actually using it. Don’t lay your card on the table at a restaurant to signal to a waitress that you’re ready for your check.
Another holiday safety tip is that thieves can be friendly before they victimize you. Anyone who approaches you, especially if you are alone in a parking lot, may have criminal intentions.
Try to shop during daylight hours and bring a friend. There’s safety in numbers.
If you must shop after dark, be prepared and aware before you walk to your car. Have your keys in your hand as well as any safety gear. Be alert to your surroundings. Remember where you parked. There are Apps you can use that will help you remember where you left your car. You can also make a note on your cell phone to help you remember where you parked before you leave your car.
If you feel uncomfortable, don’t hesitate to ask mall security to walk you to your car. It’s not silly. It’s crime prevention.
If you make a trip to your car to drop off your purchases, relocate your car – even if finding a parking spot isn’t easy.
Don’t flash money or expensive jewelry. If you’re buying something at a store that screams expensive, like jewelry or a high-end electronics store, bring another bag to put the purchase into before you walk into the mall.
Don’t leave valuables in your car. If you must lock them in the trunk before you park.
Set up alerts when your credit or debit cards are used so you’ll know immediately if unauthorized access occurs.
What to Do If You’ve Become a Victim
Hopefully, you’ve prepared for this eventuality by making a list of your credit cards and the phone numbers to call to report the theft. Call as soon as you are safely able to do so.
If you come home to discover your home has been robbed, contact a burglary attorney in California who can help you deal with the aftermath. If you are wrongfully accused of theft, you need a criminal defense attorney for a free case evaluation and consultation.
We hope these holiday safety tips keep your holidays merry.
A credit score is a numerical representation of your credit worthiness. There are three main credit reporting bureaus that calculate and report your credit score. Potential lenders, employers, landlords, and others who you authorized to obtain a credit check use your credit score to make decisions about whether to lend you money, rent an apartment to you, or offer you a job.
Score
Quality of Score
800 – 850
Exceptional
740 – 799
Very Good
670 – 739
Good
580 – 669
Fair
300 – 579
Very Poor
Your credit background check represents your borrowing and repayment history, debt to loan ratio, income, and net worth. The number of open accounts you have and their borrowing limits also play a role it also will determine whether you will be able to get an auto loan. Even if you have not used the available credit, lenders will factor in your ability to use open lines of credit.
How long you’ve had credit accounts, whether you pay on time or pay late, or miss payments affect your score. If you have a bankruptcy, lien, repossession, or eviction it will impact your score.
At its essence, the credit score from your credit background check is a shortcut used to determine your creditworthiness.
When Will You Get a Criminal Background Check?
A credit score and a criminal background check provide different information. Criminal background checks can be done without your permission by almost anyone who is interested except employers, potential employers, creditors or landlords, and insurance companies. Someone you’ve asked on a date can run a background check on you if they have your name and date of birth.
When an employer or other party with restricted access wants to run a background check, they must obtain your permission and disclose to you how it will be used. A credit score and background check are different reports. An employer cannot discriminate against you by running your background if they don’t run background checks on other employees.
Some states have implemented “ban-the-box” laws that prohibit potential employers from asking if you’ve been committed of a crime on the application. These laws do not prohibit background checks after you have been interviewed.
If an employer or other restricted party makes an adverse decision based on your background check, they must advise you of what was in the report. Or if an insurance company orders an investigative background check, which is one where they interview neighbors and acquaintances to learn about you, your habits, and your character, you have a right to a description of the report.
If you attempt to get a job in financial services or other occupations where you are placed in a position of trust, expect that a background check will be done. Many companies run background checks on employees who would go into customers’ homes because they can be held liable for crimes employees commit when their job gave them access to homes, businesses, and occupants who were victimized.
Insurance companies are prohibited from hiring felons unless an exception is made, which sometimes requires the state’s Commissioner of Insurance to grant an exception. Some states with this law do not have a procedure for obtaining an exception.
Together, your credit and background check provide information that determines the types of opportunities you’ll be offered.
Your criminal history, education, and other information that relates to your behavior or character, including the results of pre-employment drug tests, can be included in a background check.
Criminal cases are public records. Unlike your credit report, you do not have an expectation of privacy. However, there are restrictions on how the information in your background check can be used by potential employers, current employers, and lenders.
Will Criminal Background Affect Your Credit Score?
While your incarceration will affect your credit score if you have bills you are unable to pay while you are in jail or prison, if you are able to pay your bills while you are incarcerated, the credit score will not hint at what they’d find in your background check. When you hire the best criminal defense attorney in Los Angeles has to offer, your chances of a criminal conviction decline.
The word “warrant” has been around for more than 600 years. It is included in the Fourth Amendment to the U.S. Constitution where the requirement for probable cause is set forth to protect citizens from unwarranted searches and seizures. As early as the 14th Century, a warrant referred to being granted permission from a superior that gave the person executing the warrant protection from blame or responsibility for the authorized actions. This definition adequately describes what a warrant means today.
The various types of warrants are written documentation that a law enforcement officer has the authority to do something that is a protected act. For example, in the United States, random searches of our homes and bodies are not allowed without probable cause. Law enforcement officers can only act without a warrant when someone is caught in the act of committing a crime or when evidence of a crime is in full view.
Different Types of Warrants
Three types of warrants are issued in California including a search warrant, arrest warrant, and bench warrant. All types of warrants require probable cause before they can be issued. Probable cause is a reasonable belief that the circumstances are as they are being presented to the judge by the DA, law enforcement, or other officials who are requesting the warrant.
Different types of warrants are used based on what is being authorized. The purpose of having a judge sign off on different kinds of warrants is to insert someone who is neutral into the decision-making process and to ensure that the search or arrest is lawful.
If the warrant authorizes a search, it is generally executed quickly. If an arrest warrant is issued for a serious crime, law enforcement will actively search for the person.
What is a Search Warrant?
Law enforcement can’t search you, your car, your home, or your business without a warrant unless you grant permission, or the search is incidental to your arrest. Only two types of warrants put you at risk of immediate arrest although a search warrant can lead to an arrest, the outcome depends on what is found during the search.
A search warrant can be issued for a variety of reasons that involve looking for evidence of a crime including possession of child pornography, stolen property, property that was used while committing a felony, and property that is evidence of a crime, or of who committed the crime, including the weapon, getaway vehicle, mask or wig, and other evidence.
They may also search for a property that is intended to be used to commit a crime. Special rules apply to property held by special classes of people including clergy, psychotherapists, attorneys, doctors to protect confidentiality and privacy requirements applicable to those occupations.
The prosecutor’s office or law enforcement requests the search warrant, but a judge or judicial officer must issue it.
Even with a valid search warrant, there are some complexities to the law that a Los Angeles warrant attorney could use to have a search that violates the rules thrown out.
What Does an Arrest Warrant Mean?
An arrest warrant authorizes law enforcement to place you under arrest because you are suspected of committing a crime. A grand jury may have reviewed the evidence and decided there is probable cause to arrest you.
It is uncommon for the person to know an arrest warrant has been issued before they are arrested. When the arrest warrant is issued, law enforcement will look for you and arrest you when they find you, whether that is at home, work, or another place. If you have minor children in your custody and no other adults are present to take care of the children, your children will be taken to Child Protective Services.
If the crime is rather minor, a letter demanding you to appear at a certain date and time may be sent instead of using law enforcement resources to hunt you down and arrest you.
What Is a Bench Warrant?
Although being the subject of all types of warrants is not desirable, a bench warrant is the best of the bunch. Generally, bench warrants are issued when someone fails to pay parking fines or appears in traffic court, commits a misdemeanor, or misses a court date including when you are subpoenaed to testify.
Once arrested, bail will be set and if you can’t come up with the bail, you’ll be held in custody until your court date. Bench warrants can be issued in civil and criminal cases.
How an Attorney Can Help?
An attorney may be able to help you with all types of warrants. There are specific rules that must be followed when the warrant is issued and others that relate to how the warrant is executed. Flaws in any step of the process can cause the warrant to fail.
If the search is deemed unlawful, the fruits of the search including evidence of your guilt can be ruled inadmissible. If statements that led to the issuance of the warrant were false, the warrant can be questioned and potentially quashed.
If you are arrested or a search warrant is issued for your property, you should immediately contact an experienced attorney to assist you.
Are you wondering how to erase old cannabis convictions? Now that recreational marijuana use is legal in California, individuals who were convicted in the past who want to clear marijuana charges are in luck if they don’t have convictions for serious crimes. Keep reading to learn more about the requirements to expunge records for marijuana and some other minor convictions.
Did California Expunge Marijuana Convictions?
A ballot initiative, Proposition 64, that was voted on in the November presidential election in 2016 legalized the adult recreational use of marijuana throughout California and established taxes on the billion-dollar industry.
What Does Marijuana Legalization Change?
Proposition 64 made marijuana use legal in California which ended adult arrests for legal marijuana use. But what about those who were previously convicted of a crime involving marijuana that would be legal today?
Prop. 64 allowed District Attorney to dismiss, seal, or redesignate past marijuana convictions and provide relief to hundreds of thousands of people convicted of a misdemeanor or felony for something that is now legal in California. Despite this positive change in the law, the future didn’t look that rosy for those whose past convictions have impaired their life because some prosecutors didn’t plan to devote resources to the task of going through past convictions to identify individuals who were eligible.
With up to 40,000 eligible convictions in a single county, that’s understandable because the process would have required more labor than they have available.Requesting the charges be expunged was an expensive proposition for many who are shackled with past marijuana convictions.
California County Prosecutors Erase Old Marijuana Convictions
The latest California cannabis news is more positive. A nonprofit organization out of San Francisco, Code for America, developed a program called Clear my Record that can search up to 10,000 records a minute to locate eligible marijuana convictions and is making the program available at no cost to all 58 counties to ease the labor-intensive task of identifying the appropriate records.
In addition, Assembly Bill 1793 provides greater uniformity in the way each county’s District Attorney will deal with retroactively clearing marijuana convictions. Although a prosecutor can choose to fight against overturning specific convictions, AB 1793 requires them to notify the public defender’s office and the court of any convictions for which they plan to fight against sentence reductions or expungements by July 1, 2020.
This is good news for hundreds of thousands of Californians whose lives have been hampered by marijuana convictions. Those past convictions, especially felonies, made it difficult or impossible to work in some industries, for companies with Federal contracts and for the Federal government. A criminal conviction can make it difficult to rent a home and impossible to obtain a student loan. Some people have been convicted for life without parole due to California’s 3 strikes law as the result of marijuana-related crimes.
The war on drugs had a disparate effect on people of color and those with low incomes who tended to receive harsher charges and sentences than white people and those who had the resources to fight the charges. Although the past disruption to their lives from this treatment can’t be erased, reducing the conviction or sealing the record can help them build a better future.
Each conviction can be handled differently. They can be reduced from a felony to a misdemeanor, dismissed, or sealed. Possession with the intent to sell was a felony that is eligible to be reduced to a misdemeanor under the new law. Automation is speeding up the process and reducing the cost for most people with a prior conviction related to marijuana.
What is the Clear My Records Program?
The Clear My Records Program helps expunge records for eligible individuals so they don’t miss out on the opportunity to clear marijuana charges that may be interfering with their quality of life.
There are important benefits to individuals who qualify. If the only convictions they have been expunged, the ability to qualify for a variety of benefits will open up for them. These benefits can include student loan eligibility, the ability to cross the border into Canada or get visas for travel to many countries, and the possibility to restore their gun rights.
How Can I Have My Old Marijuana Convictions Erased?
One of four things can happen to old marijuana convictions:
If the offense is no longer a crime, the case can be dismissed with all arrest and court records sealed.
If the offense is now a misdemeanor instead of a felony, the conviction can be reduced to a misdemeanor.
If the offense was a misdemeanor, it will be reduced to an infraction.
Nothing, if one of the exceptions applies to you. The exceptions include prior convictions of serious and violent crimes such as rape, child molestation, identity theft, or a crime that makes you a registered sex offender.
Additional outcomes may include:
If you are currently incarcerated, a sentence reduction may result in your release.
If you are on probation, it may be terminated.
The process can be simple or complicated depending upon whether there was more than one conviction, what the conviction was, and where the conviction occurred.
The process requires you to provide a reclassification packet with copies of your criminal record to the DA’s office and the Superior Court in each county where you were convicted. Counties may impose additional requirements such as requiring you to appear in person when you file the reclassification packet, additional paperwork, or a hearing.
Prop. 47 also provides relief for some other crimes by reclassifying the financial cut-off for felonies to over $950 for crimes including shoplifting, forgery, and receiving stolen property which makes such crimes eligible for reclassification to misdemeanors.
Which Convictions Can Be Dismissed and Sealed?
Health and safety code violations §11361.1(a)(1), § 11362.1(a)(2), 11362.1(a)(3), 11362.1(a)(4), 11357(b)(2), and 11362.1(a)(5).
These involve:
28.5 grams or less of marijuana for personal use and gifts
Transfer to other adults of 4 grams or less of concentrated cannabis
Smoking cannabis
Crimes involving the use of, gifting of, or sale of accessories
Growing and the harvest of six or fewer living marijuana plants
What Felonies Cannot be Expunged in California?
Health and Safety Codes §11357(b)(2), §11358(c), § 11359(b), and §11360(a)(2) are eligible unless the exceptions noted above apply, or the offense involved a minor or violated specified environmental laws during the commission of the crime that makes it punishable under Penal Code, §1170(h).
Eligible convictions include:
Possession, giving away, or transport of more than 28.5 grams of marijuana or 4 grams of concentrated cannabis
Planting, cultivating, harvesting, drying, or processing of more than six marijuana plants
Possession with the intent to sell
Do You Need an Attorney?
While it is possible to handle it yourself, preparing the reclassification packet can be complicated, especially if there is more than one clear-cut conviction in more than one county or there are other convictions. An attorney can also speed up the process as local DAs don’t have to decide which petitions to challenge until July of 2020.
If problems occur or your petition is denied, an attorney can help with the hearing.
04% BAC if operating a vehicle for hires such as a Lyft or Uber driver
05% BAC
Adult DUI, .08% BAC
It doesn’t matter if alcohol is the result of drinking alcohol or from cold medicines that contain alcohol. In addition to a DUI charge for blood alcohol content (BAC) above the limits noted above, legal and illegal drugs that impair a driver’s ability to operate a vehicle safely including cold medicines, pain killers, marijuana, and street drugs can result in DUI penalties.
What is a “Zero Tolerance” DUI law?
Anyone under the age of 21 who is discovered driving while intoxicated is subject to California’s zero-tolerance law for underage drinkers. This law says that a blood alcohol reading of 0.01% or higher is treated as a traffic infraction and punished with a suspension of a person’s driver’s license for one year.
The blood alcohol level is typically measured at the time of the stop using a breathalyzer or other similar device. Note that alcohol from any source, including medication like cough syrup, is subject to this law, and if the driver refuses to submit to this testing, he/she is subject to an extension of driver’s license suspension of up to three years.
However, just like adult DUI license suspensions, the driver has the right to challenge the license suspension in front of the DMV, or seek restricted driving privileges if the challenge is unsuccessful.
Underage Drinking with a BAC of 0.05% or Higher
In addition to the zero-tolerance law for underage intoxicated driving, California has another law that elevates the penalties for underage drivers with a blood alcohol level of 0.05% or higher. This reading is usually confirmed by an additional test at the police station.
This violation is still not considered a misdemeanor but does punish the driver with a one-year license suspension, a $100 fine, and a mandatory alcohol education program of three months or more. It is important to mention that any driver under the age of 21 that registers a blood alcohol level of 0.08% or more is considered legally impaired, and will be charged under the standard adult DUI offense laws.
Possessing Alcohol While Under the Age of 21
Finally, if an underage driver knowingly operates a vehicle that contains alcohol he/she could face charges for a misdemeanor offense unless the driver is accompanied by a parent, adult relative, or adult designated by the parent.
In addition, if the driver is not accompanied by an adult there is still a defense to this crime if the driver was in the process of following a parent’s instructions on transporting/delivering the alcohol.
Because this is a criminal offense, the possible penalties include impoundment of the vehicle for up to 30 days if it is registered in the name of the underage driver, a $1,000 fine, and a one-year suspension of the driver’s license.
What are the Penalties for an Underage DUI?
The penalties for underage DUI vary by the blood alcohol level, whether you submit to a chemical test when you are stopped, prior convictions, whether there are minors under age 14 in the vehicle being operated by an impaired underage driver, whether or not there is an accident, and if there is an accident, the extent of the injuries.
If the underage driver refuses to submit to a chemical BAC test, there is an automatic 1-year suspension of the driver’s license whether or not the arrest results in an under 21 DUI conviction. If the driver is an adult (age 18 – 20) and has a BAC of .05%, they will generally be required to attend a mandatory alcohol education program.
When injuries are involved, the driver may be charged with a misdemeanor or felony, at the prosecutor’s discretion. Injuries can lead to prison time that is tied to the extent of the injuries. In other words, the more severe the injuries caused by the impaired driver are, the longer the prison sentence is likely to be.
Getting an underage DUI in California when you have a prior conviction will lead to a 2-year revocation of your driver’s license.
An under 21 DUI that exceeds the legal limit for an adult DUI (.08% BAC) has stiffer penalties which can include 3 – 5 years of misdemeanor probation, fines, mandatory drug or alcohol education programs, and may include jail time.
When you refuse a lawful request for a chemical test to determine your blood alcohol level, the DMV can suspend or revoke your license regardless of the outcome of your DUI charge and you may be given enhanced penalties if you are convicted.
How Many People are Killed by Drunk Drivers?
According to the Center for Disease Control (CDC), a government agency that tracks statistics related to death and injury:
The risk that an underage driver between the ages of 16 – 20 will die in a car accident is 17 times higher when their BAC is .08% than it is when they are sober. That’s a sobering statistic, especially when added to the three times greater risk a teen driver has of dying in an automobile accident even when they are sober.
One out of five teenagers who are involved in a fatal accident drank alcohol before the crash.
Every day, six teenagers’ lives are cut short because they die from injuries sustained during a motor vehicle accident. Many of these deaths were preventable. Not drinking and driving reduce the risk of premature death.
What Happens if You Get a DUI in California under 21?
If you are arrested, you should use your best manners. Be polite. Do your best to remain calm. Use deep breathing exercises to help yourself calm down. Follow all the officer’s instructions. Refusing to follow instructions makes things worse for you and may increase the charges against you.
Do not admit to anything. In fact, say as little as possible. Don’t volunteer information. Provide the officer with your license, proof of insurance, and vehicle registration. If they ask you questions, tell them you need to talk to your lawyer before you answer.
However, as an underage driver, refusing to submit to a BAC test will result in automatic penalties. You can, however, refuse field sobriety tests without penalties. Pay attention to what is said, the order it is said, and specific words. For example, if the officer tells you that you may lose your license for a year if you refuse to take the BAC instead of you will lose your license, it can make a difference in court.
If you are arrested, you’ll want the best criminal defense attorney in Los Angeles to represent you so contact us as soon as possible. You have a very limited time to request a hearing (10 days).
Finally, when it is all over if you qualify, you should look into having your DUI expunged from your record as a DUI in California will show up on background checks employers and landlords conduct in the future if it is not expunged.
On July 1, the new budget was active and allowed for $5 million towards funding a new program that allows victims of crimes to confront their offenders. The money was used to fund the program for 5 yearsand it will allow offenders of any age to participate, not just those who are juvenile which has traditionally been the case with this type of program.
The program pairs victims and offenders before the conviction occurs. The benefit for offenders is that if they go through the program they can avoid a criminal record which impacts the rest of their lives outside of prison.
How does Diversion Work in California?
Those who are proponents of the plan believe that it is going to be beneficial for both survivors as well as criminals. Survivors get closure and a piece that is needed for them to help heal more thoroughly. Offenders may be deterred from continuing to repeat criminal offenses once out of prison because they have had the opportunity to leave their sentence with a clean slate, thus giving them a second chance at life without the blot of crimes on their records.
It is a program that allows for a more personal look at crimes for both parties and participates in forgiveness which may have a strong and valuable impact in the long term. It is a means to make a bad situation into a good one for both sides of the equation.
Who is Eligible for Diversion Program in California?
This is a state-funded program and only those offenders who do not exhibit an extensive criminal record are eligible. Additionally, those who have been convicted of sex crimes and murder will not be eligible. Crimes that are highly associated with violence such as robbery, assault, burglary, and criminal threats would be eligible.
Working together with community groups, law enforcement, defense attorneys, the offenders, and victims a plan will be developed that will meet the needs of the survivors while also promoting a strategy to help the offender avoid engaging in more crimes in the future. In order to accomplish this, substance abuse treatment, counseling, education, and job training may all play a role. Victims can have the ability to obtain restitution or even a letter of apology.
There will be tracking done on those who successfully complete the totality of the program to determine its effectiveness. Looking at factors like victim satisfaction as well as new crimes committed or lack of crimes committed by offenders will be evaluated.
Get the Best Outcome Possible with Proper Defense
Individuals who have been charged with criminal offenses have the right to a solid defense. The use of a Southern California criminal defense attorney at the Manshoory Law Group, APC can help you when you are facing a criminal trial. We specialize in criminal defense and we are experts in criminal law.
We know about all the opportunities that are available to you to help you with your case, such as new programs including this diversion program opportunity. You don’t have to go through this process alone, our team of Los Angeles criminal defense attorneys can help.
Call us at 877-977-7750 and speak to one of our resourceful Southern California criminal defense attorneys today.
The Federal Controlled Substances Act (The Act) was passed in 1970 in response to growing public concern about drug abuse. The Act condensed a mishmash of prior laws under one law and created a classification system for controlled substances.
Congress expressed concern about the detrimental effect on the health and welfare of Americans when the drugs were used improperly.
How Does Drug Classification Work?
The Act created five categories of drugs and created a schedule based on two main factors:
Whether there were legitimate medical uses for the drug that is necessary to provide for health and wellbeing
The potential of the drug to have a detrimental effect on mental or physical health, including the potential for physical or psychological addiction
Other factors that are considered when a drug is classified include the history of the substance, including whether it has been abused in the past, scientific knowledge about the substance, the drug’s relationship to other controlled substances, and the potential effects on public health.
Controlled substances in this category have a high potential for abuse and no accepted medical uses. The potential for abuse is derived from a combination of the mood-altering effects of the drug and whether it is addictive. Examples of Schedule I drugs include heroin, LSD, marijuana, and some club drugs, such as ecstasy.
Schedule II drugs are distinct from Schedule I drugs because they have accepted medical uses. However, they are considered dangerous as the result of their potential to cause addiction. The addiction can be physical or psychological. In some cases, it is not the presence of a specific drug, but the quantity of the drug in a prescribed medication that determines whether it is a Schedule II drug. For example, a drug with less than 15 milligrams of hydrocodone like Vicodin is a Schedule II drug. Examples of drugs in this category include cocaine, OxyCotin, Adderall, and Ritalin.
Drugs listed on Schedule III have, at most, moderate potential for addiction and may present a low likelihood of physical or psychological dependence. The dosage is a factor in determining whether a drug is a Schedule III drug. For example, Tylenol with codeine-containing less than 90 milligrams of codeine per dose is a Schedule III drug. Other drugs in this category include testosterone, anabolic steroids, and ketamine.
Schedule IV
Medications in this category include mood-altering drugs with a low risk of dependence, milder pain relievers such as Tramadol, and treatments for insomnia like Ambien. Other Schedule IV drugs include Xanax, Darvon, Darvocet, Valium, Soma, Ativan, and Talwin.
Schedule V
Substances, chemicals, and drugs with the lowest risk of abuse and addiction are classified in Schedule V. While they may contain low dosages of narcotics, the doses are very small. They are most commonly used to treat common medical problems such as diarrhea, coughs, and congestion. Examples of Schedule V drugs include Robitussin AC, Lyrica, Logen, and Kapectolin. An alphabetic list of scheduled drugs is available.
Although The Act defines controlled substances as “a drug or other substance, or immediate precursor, included in Schedule I, II, III, IV, or V,” an unlisted drug may be treated the same as a Schedule I or II drugs for purposes of prosecution when it meets the same criteria as listed drugs in those categories.
For example, designer drugs that mimic the effect of drugs in these classifications are not approved as legal medications in the United States.
Can a Drug be Rescheduled?
Drugs may be scheduled temporarily or permanently in a variety of ways. Congress always has the authority to add or remove drugs or change their classification. Congress delegated the authority to add drugs to the United States Attorney General when it passed the Comprehensive Crime Control Act of 1984, which gives the Attorney General the authority to temporarily add substances as Schedule I controlled substances when they pose “imminent hazards to public safety.”
When the Attorney General exercises this power:
The substance immediately becomes subject to the registration and recordkeeping requirements required for Schedule I drugs.
The drug will remain listed for two years with the potential of adding a 3rd year before the listing must be removed or made permanent.
The creation of synthetic drugs made it necessary to create a way to quickly respond when new and potentially dangerous drugs are introduced.
Additionally, drugs may be moved from one category to another by either Congressional or administrative action by the Drug Enforcement Agency (DEA). This includes the ability to remove a drug from the schedule entirely. The classifications make specific drug offenses subject to mandatory minimum sentencing requirements.
Anyone facing drug charges should be familiar with the classification system and the recordkeeping and registration requirements to avoid criminal prosecution.
Part of the job of a law enforcement officer is to search for evidence of a crime, take that evidence for examination, then use it in a trial. This is called “search and seizure”. The Fourth Amendment of the U.S. Constitution and Article I, Section 13 California Constitution have laws against “unreasonable search and seizure”. The laws surrounding what makes a search reasonable or unreasonable are complex. We will explain them in this article.
What Makes A Search And Seizure Legal in California?
There are three components to look at. The first is whether or not the area searched is considered to be private by society. This is called “reasonable expectation of privacy.” Places like your home, your electronic devices, or even a hotel room or a tent fall into this category. But the abandoned property, like trash you’ve thrown out or something you threw out of a car, do not have this expectation and are fair game for search and seizure.
If it is private, the police may still search it if one of two things apply. The first is if they have a search warrant. The laws in California for search warrants can be found here. Police have to convince a judge that there may be evidence that a felony was committed. If the judge believes there is probable cause that this is true, they will write a warrant that gives the police the right to search that area for evidence related to that crime alone. The last thing to consider is whether the search would fall into one of the many exceptions to the warrant law.
These include things like:
The owner of the property gave consent to a search.
You’ve been arrested lawfully and the police want to safeguard evidence that might be destroyed.
There is an immediate danger to life or property.
An item is in plain view and obviously incriminating.
There are also specific exceptions for vehicles and electronic devices that are derived from these ideas.
Take vehicles, for instance:
During temporary detention, an officer might believe you have access to a weapon or is otherwise dangerous. The police can search to preserve the safety of everyone.
A shakier reason is if the police believe they have probable cause that a vehicle contains evidence of a crime, like if they believe they smell alcohol or drugs.
For electronic devices:
Police can access the device in an emergency situation or aid in pursuing a fleeing suspect.
Police can also search devices when you’re crossing an international border if they have probable cause.
Note that police can still take an electronic device and hold it until they get a warrant for a legal search.
Remember if you give consent to the police for a search then any evidence they find is legal! It doesn’t matter if the area has a reasonable expectation of privacy. If you consent to a search, you waive your Fourth Amendment rights.
What Constitutes An Illegal Search And Seizure?
If the police or the judge doesn’t follow the rules, then the search and seizure could be deemed illegal. For example, a warrant could be challenged if it can be proven that:
The police mislead the judge.
The warrant was too broad.
The search exceeded the limits of the warrant.
The judge was biased
If the police do a search based on probable cause or due to one of the exceptions, they will have to prove that their search fell under the exceptions. If it can be proven otherwise, the search and any evidence collected in relation to the search will be illegal evidence.
The trickiest areas are when it’s unclear whether or not society has decided there is a reasonable expectation of privacy. Electronic devices are used to fall into this category. Prior to 2014, there was no reasonable expectation of privacy for electronic devices in California. Police were free to search phones and computers as they pleased. However, that is now illegal without a warrant thanks to a California Supreme Court ruling.
What Happens If An Unlawful Search And Seizure Is Discovered?
Unlawful search and seizure does happen, but how can you challenge it? Your criminal defense lawyer can file something called a “motion to suppress” before your trial starts. In the motion, your criminal defense lawyer will offer their arguments about why a search and seizure was illegal and why the evidence found should not count under California’s “exclusionary rule”.
If the judge agrees that the search was unlawful, the state will be unable to use any evidence collected in that search. Depending on the nature of the crime and the evidence suppressed, the prosecution may be forced to use a lesser charge or to drop all charges because they lack the evidence to proceed.
There is also a second way your lawyer can challenge the legality of a search and seizure. Sometimes the police will gain legal evidence indirectly through an illegal manner. If there is no way they could have found that evidence without the illegal search and seizure, that evidence can be excluded under the “fruit of the poisonous tree” rule. However, the prosecution does have ways to challenge this so it is a weaker way to suppress evidence.
One of the things that a criminal lawyer will do for you is to examine how the police obtained their evidence. If they believe that it was obtained illegally through an unlawful search and seizure it will be challenged. If the circumstances fall in your favor, you may never have to go to trial.
Ask for Help from Illegal Search and Seizure Lawyer
However, if your case goes all the way to trial without challenging the evidence then it will be much harder to dismiss what is presented. This is why it is so crucial that you get a lawyer skilled at challenging unlawful search and seizures on your side as soon as possible after your arrest.
If you are arrested in Los Angeles, don’t wait until it is too late. Contact Manshoory Law Group for a consultation.Explain your reasons why you think the evidence against you was illegally obtained. We will fight hard to force the prosecution to prove that they did everything by the book.
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