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How Does Mental Illness Play a Role in the Criminal Justice System?
Being arrested turns lives upside down, and includes a future of an investigation into their alleged wrongdoing, as well as a trial in which details of their life become public knowledge, and a potential long-term future of incarceration. Retaining the services of an experienced criminal defense attorney can be instrumental to minimizing the effect of these issues. In most cases, the arrestee knows and understands the situation – that he/she is being accused of committing a crime.
However, some members of society may not truly comprehend the present situation, and, may not even comprehend that the act he/she is accused of committing was wrong. A recent article in the Chico Enterprise-Record illustrates the increasing percentage of inmates in California jails and prisons who are mentally incapacitated, making the California penal system a de facto mental institution.
California does provide a Diversion Program for those with mental incapacity, and a discussion of this Program will follow below, along with a discussion of the legal defense of insanity.
What is Competency to Stand Trial?
The State is not permitted to try and convict a person of a crime if he/she is incapable of understanding the proceedings against him/her or is unable to meaningfully participate in his/her own defense. This determination is made after criminal charges are filed and does not depend on person’s state during the time of the alleged crime.
This right is guaranteed by the U.S. Constitution as part of receiving a fair trial. However, convincing a court that a criminal defendant is incompetent can be tricky, and a defendant must prove he/she does not have the ability to rationally or factually understand the proceedings, or assist his/her attorney with preparing for trial.
Mental illness can cause these types of cognitive difficulties, and as long as the accused is incapable of understanding what being tried for a crime really means, the case cannot proceed. But, if competency is later restored, the State could choose to pursue prosecution at that time. If incompetency is found, the accused will be required to undergo psychiatric treatment and/or be committed to a treatment facility so doctors can attempt to control and manage any existing mental illness.
What is a Mental Health Diversion Program in California?
California’s Mental Health Diversion Program, a pretrial diversion program, allows some criminal defendants to receive mental health treatment when they are accused of a crime. Pretrial diversion, which may be requested at any point in a criminal proceeding before a defendant is sentenced, allows an eligible defendant to postpone further action in his/her case in order to participate in a treatment program.
Upon the successful completion of a pretrial diversion treatment program, the charges against the defendant will be dismissed. The record of the arrest will be sealed, and it will be as if the arrest had never happened.
To be eligible for the Mental Health Diversion Program, the defendant must provide evidence of each of the following conditions:
He/she must have been diagnosed with a mental health condition other than an antisocial personality disorder, borderline personality disorder, or pedophilia;
The diagnosed mental health disorder must have played a significant role in the commission of the charged offense;
Based on the opinion of a qualified mental health professional, the defendant would respond to mental health treatment;
He/she not only consents to the diversion program, he/she waives his/her right to a speedy trial and agrees to comply with the mental health treatment; and
The court believes that he/she will not pose an unreasonable risk of danger to public safety.
Probably the biggest obstacle of the elements noted above is being able to prove that the defendant has been diagnosed with a mental health disorder. To successfully show this element, the defense must present evidence of a recent diagnosis by a qualified mental health expert.
The expert may rely on any relevant evidence, including his/her examination of the defendant, the defendant’s medical records, and even the arrest report, which may illustrate the state of mind of the defendant.
What Does Not Guilty by Reason of Insanity Mean?
If the pretrial program is not available, the defendant can offer a legal defense of insanity, which, if accepted, means that he/she cannot be found guilty of a crime because he/she was legally insane when alleged to have committed it.
Under California’s insanity defense, a defendant is considered legally insane if either he/she:
Did not understand the nature of the criminal act; or
Did not understand that what he/she was doing was morally wrong.
Again, mental health evidence, most likely from a mental health professional, will help to establish the defendant’s perception of reality, both at the time of the crime and during the criminal trial.
What is an Alternative Sentence?
Because mental illness can significantly affect a person’s ability to control his/her actions or understand the implications of what he/she is doing, it is possible to receive a sentence that foregoes time in jail in favor of a combination of probation and psychiatric treatment.
This option focuses on addressing the root of the problem – mental illness – instead of imposing sentences that will not fix the situation. An experienced criminal defense attorney will know how to argue in favor of this outcome to the prosecutor and court so the mentally ill defendant receives rehabilitation and not just punishment.
Speak to a Criminal Defense Attorney
If you have been arrested on suspicion of committing a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have years of experience in criminal defense law, including how mental incapacity affects the ability of the arrestee to understand the circumstances of his/her arrest. After understanding your specific circumstances, we will work to provide the most effective defense possible.
The attorneys here are available 24/7 to take your call. Do not wait; contact us today for an initial consultation.
Facebook – Instagram – Twitter – Yelp – Reddit. Each of these online sites, along with many others, allows individuals to express themselves, verbally and pictorially. And while these sites were ostensibly begun to allow individuals to offer opinions and commentary, some posters have, unfortunately, tended toward personal attacks, defamation, libel, and argumentative statements. In some cases, threats have been made online.
Even though the online world is a new phenomenon in today’s society, laws nevertheless apply. Consequently, an individual making a physical threat online can receive the same repercussions as a physical threat made in person. As a result, it is extremely important to be cognizant of what one posts online for the world to see. Failure to do so may result in criminal charges.
Recently, a California man was arrested for making threatening statements, via Instagram, to relatives and friends of those killed last year at Marjory Stoneman Douglas High School in Parkland, Florida. According to the complaint, the individual used several Instagram accounts to send harassing messages to the families, such as “I killed your loved ones ha ha ha.”
A discussion of online harassment, as well as what typically qualifies as a criminal act, will follow below.
What Is Cyberstalking?
Generally, online harassment, sometimes known as “cyberstalking,” is stalking that takes place via an electronic communication device. Online harassment is not a new crime; rather, it is the same as the traditional crime of harassment, but instead of being performed in person or via print, it is harassment done through an electronic medium, such as the Internet.
In California, stalking or harassment laws prohibit one individual from making harassing or threatening statements to another individual to the point where the second individual fears for his/her safety and/or the safety of his/her family.When those threats or harassment are communicated via the Internet, through email, via text messaging, over the telephone, through fax, video message, or any other electronic device, the crime is more accurately referred to as online harassment.
The penalty for online harassment in California is imprisonment of up to one year and/or a fine of up to $1,000. Thus, online harassment is a misdemeanor. However, penalties are enhanced when the aggressor pursues the same individual in violation of a court restraining order, in which case the prison term now has a range of two to four years.
Additionally, individuals convicted of felony harassment also face stricter penalties if they continue to stalk their victims. Finally, in some cases, an individual convicted of online harassment may be required to register as a sex offender.
What are the Examples of Online Harassment?
According to the law, online harassment occurs when an individual willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another individual, and who makes a credible threat with the intent to place that other individual in reasonable fear for his/her safety, or the safety of his/her immediate family.
As this can be interpreted in an extremely broad manner, some common examples of online harassment include:
Sending manipulative, threatening, lewd, or harassing messages via an electronic medium;
Hacking into an individual’s online accounts, and changing the victim’s settings and passwords;
Creating false online accounts on social networking and dating sites, impersonating an individual, or attempting to establish contact with the individual by using a false persona;
Posting messages to online sites containing the individual’s personal information, such as a home address, phone number, or other identifying information, or posting messages which can be derogatory, lewd, or controversial, of which may result in a backlash to the individual according to internet fraud statistics;
Uploading unauthorized photographs or videos;
Disseminating false information, spreading rumors, and/or publishing defamatory or libelous statements; and
Signing up for online mailing lists and services using the individual’s name and e-mail address.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. When criminal charges are pending, time is your worst enemy.
The criminal defense attorneys at our office have years of experience in California and federal criminal law, including knowledge of potential online crimes. After gaining an understanding of your specific circumstances, we will work with you to provide the most effective defense possible. The attorneys at our office are available 24/7 to take your call. Do not wait, contact us today for an initial consultation.
Being charged with a crime is oftentimes a stressful and harrowing experience. In many situations, the individual being charged with committing a crime will have had very little exposure to the criminal justice system and law enforcement, while those on the other side – law enforcement officers and prosecutors – understand the criminal justice system inside and out. This understanding gives them the ability to intimidate an individual with threats of fines and/or prison time. Retaining the services of an experienced criminal defense attorney is crucial to combatting not only the intimidation factor, but also the charges in general. Misdemeanors, especially, can be stressful on an individual. While society views misdemeanors as “petty” or “minor,” the fact of the matter is that having even a misdemeanor on an individual’s record can affect them in many ways, as will be described below. Further, with 80% of criminal cases in this country representing misdemeanor charges, it is extremely important to ensure that challenging law enforcement and prosecutors at every step of the way is done. As an example, a recent article discussed a new book about the misdemeanor system in this country and included an anecdote about a Texas woman who was actually put in jail for a short period of time following a traffic stop simply because her children were not wearing seat belts. A discussion of misdemeanors in California, including how they can affect an individual’s life, will follow below.
Misdemeanors, Generally
Misdemeanors are criminal offenses that are less serious than felonies, though many do involve violence. California does not classify misdemeanors based on their seriousness (i.e., degrees), but delineates misdemeanors as gross or aggravated, as follows:
Standard misdemeanors carry a sentence of no more than 6 months in county jail, and/or a fine up to $1000.
Gross or aggravated misdemeanors carry a sentence of no more than one year in county jail, and/or a fine of up to $1000 or more.
Typically, misdemeanors have sentences of a few days or months in jail or probation, coupled with community service and/or a fine.
The process for prosecuting a misdemeanor crime in most counties is generally a four-step process – arrest, arraignment, pre-trial proceedings, and the trial. Although this may sound simple, this process is filled with deadlines and various other procedures that must be followed. An experienced criminal defense attorney can help ensure that all requirements are met.
Effects of Misdemeanors
Although serving the penalty for a crime means, from a legal and societal point-of-view, the individual’s debt has been paid, convictions unfortunately will follow a person for the rest of his/her life. Some of the ways a criminal record will follow a convicted individual include the following:
Background checks will most likely indicate an individual’s criminal record, which, depending on the job, may prohibit hiring.
Professional Licenses. Some licenses are revoked upon conviction, or, if in the application stages, the application may be denied.
Some loans can be denied based on the existence of a criminal record.
Renters are definitely susceptible to being denied as a result of a criminal record, as some landlords or complexes specifically refuse to rent to convicted individuals.
Most importantly, an arrest by itself is, in terms of society, embarrassing. Coupling an arrest with a conviction typically carries a social stigma that may be hard to escape.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, even if a misdemeanor, do not hesitate, and contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at Manshoory Law Group have a large body of knowledge and experience in California criminal law, including defending against misdemeanor charges. We will work with you to provide the most effective defense possible based on the specific circumstances of your case. Attorneys are available 24/7 to take your call. Contact the Los Angeles criminal defense firm today for an initial case analysis.
If an individual is charged with a crime, the possibility exists that, instead of a prison term, the court may order the individual to be placed on probation. While this possibility may seem like a desirable option, in most instances, it does come with mandatory conditions that must be satisfied to successfully complete the probation term.
Regardless of the potential sentence, though, once an individual has been charged with a crime, it is crucial to retain the services of a criminal defense attorney, to avoid combatting the government alone. One particularly pressing concern about conditions of probation is whether a probationer is able to post whatever he/she wants on his/her social media platforms, especially in light of the First Amendment’s protection of free speech.
However, as a California court noted, that right is legally curtailed by probation conditions designed to rehabilitate him and protect the victim. Specifically, the court noted that social media posts could endanger the victim and that there were other ways the probationer could communicate.
A discussion of the types of probation in California, as well as common conditions imposed on probation orders, will follow below.
How Does Probation Work in California?
In California, if you are convicted of a crime, you may be placed on probation, which is a suspension of a prison sentence and the order of a conditional and revocable release of the convicted individual to the community. Thus, when a convicted individual accepts probation, he/she will get a reduced or eliminated prison sentence, with the understanding that he/she will be eligible for additional prison time if the probation order is violated.
California offers two types of probation – formal and summary.Formal probation involves supervision by a probation department, whereas summary probation is supervised by the ordering court. In either case, however, violators will face being ordered to serve the balance of the sentence in prison/jail. Additionally, formal probation is intended to be an alternative to a prison sentence, whereas summary probation can be combined with prison, fines, classes, and/or community service.
What is the Condition of Probation?
If an individual is granted probation, there are typically various conditions that will be required for a successful completion of the probation order. The failure to follow or meet any of the conditions could result in the probation order being revoked, and the individual being sentenced to prison.
The following are some of the more common conditions included as part of probation order:
Probationers may not be permitted to leave the jurisdiction during the term of their probation. Additionally, in the case of sex offenders, probationers may be restricted as to how close to a school, park, or other place where children gather they may live.
As the case above illustrates, a probationer’s ability to communicate or post online may be limited.
Contact with Minors. Most often invoked in crimes of a sexual nature involving children, probationers may be prohibited from coming into contact with minors.
All probation orders require the individual to be employed and remain so during the term of the order.
Some probationers may be required to sit for a polygraph test to ascertain his/her mental state and recent actions.
Given the nature of this holiday, some probationers, particularly those convicted of sexual-related crimes, may not be permitted outside of their house on this day.
Warrantless Search. By being on probation, and most commonly in drug cases, a probationer agrees to submit to a search of his/her person or property without a warrant.
A court may impose a restriction on whom the probationer is allowed to associate while on probation. This is seen most common for gang-related crimes.
Speak to an Attorney About the Conditions of Probation
If you have been charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Our knowledge and experience in California criminal law are extensive and can help ensure that any punishment ordered is as minimal as possible.
If probation is ordered, we can ensure that you know each of the conditions of the probation order so that violations are avoided. Our Los Angeles attorneys are available 24/7 to take your call. Contact us today for a free case analysis.
Currently, anyone arrested in California on suspicion of committing a felony is subject to having a DNA swab taken of them. The DNA contained on the swab is then entered into a national database, called the Combined DNA Index System (CODIS). The CODIS database system has helped to revolutionize criminal investigations, allowing law enforcement agencies around the country to exchange information, generate leads, and link crimes to known offenders.
Nevertheless, being charged with committing any crime, let alone a felony (which typically carries with it a prison term of at least one year), does not entail an elimination of every right an individual possesses and retaining the services of an experienced criminal defense attorney can help to ensure that not only are those rights not infringed but that the individual has a fighting chance to combat the charges against him.
Recently, the State of California was sued for its requirement that law enforcement agents not only collect but keep, the DNA profile of anyone arrested for a felony, regardless of whether that individual is ultimately convicted.
A discussion of the legal requirements for taking a DNA sample of an individual and circumstances in which the sample can be expunged will follow below.
California DNA Collection Law
As alluded to above, pursuant to California law, any adult individual arrested for any felony offense is subject to DNA collection in California.
Additionally, DNA samples may also be collected from the following individuals, regardless of age:
An individual who is convicted and/or adjudicated of a misdemeanor, but who has a prior felony record;
An individual currently in custody or on probation, parole, or another supervised release after a conviction for any felony offense which was committed prior to November 3, 2004; and
An individual is currently on probation or any other supervised release for any offense with a prior felony record.
Additionally, individuals convicted and/or adjudicated of various misdemeanor offenses may also have a DNA sample collected. These offenses include convictions for arson, and any misdemeanor offense requiring sex offender registration.
What is DNA Expungement?
Upon request to the California Department of Justice (CADOJ), certain individuals may be eligible to have their DNA expunged. If granted, the DNA sample will be destroyed, and any record of it, or the information contained within the record, would be unavailable for search through either the State database or CODIS.
The following individuals are eligible for DNA expungement:
Individuals who have had no charges filed against them;
Individuals who provided a DNA sample due to an arrest for a felony, but the prosecutor choose to file misdemeanor charges instead;
Individuals who have had their matters dismissed were found not guilty, or have had a Court of Appeal overturn their conviction;
Individuals who successfully completed a diversion or deferred entry of judgment program; and
Individuals who were found factually innocent of the underlying offense.
If the CADOJ denies an individual’s request to expunge his/her DNA, that individual may petition a judge to do it. An experienced criminal defense attorney can help fight for removal.
Speak to a Criminal Defense Attorney
If you have been charged with a felony, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys understand the stress and consequences you face and will work to prepare the most effective defense to counter the charges against you.
Attorneys are available 24/7 to take your call. Contact our attorneys for a free case analysis.
Being accused of a crime is serious, and if that crime is rape or sexual assault, in today’s environment, it can seem like everything is stacked up against the accused. Due to the intimate nature of rape, in which there typically are only two persons involved, proving nonconsensual sexual activity relies on one person’s word against the other’s, as well as the results of tests on the body of the victim.
These statements and tests can appear to be irrefutable, but retaining the services of an experienced criminal defense attorney, with expertise in defending crimes of a sexual nature, can help to counter these statements and tests.
One type of test is known as a rape kit, which, essentially, is a test used by medical personnel for gathering and preserving physical evidence on the victim following an allegation of sexual assault. Recently, however, evidence has emerged about the destruction of rape kits, which has caused the number of rape and sexual assault allegations to go unpunished. As a result, many jurisdictions, including California, are passing laws prohibiting the destruction of rape kits until the statute of limitations has passed, meaning some individuals may be charged well after any alleged sexual assault occurred.
A discussion of the recently-passed California law regarding child rape, as well as how to combat a rape or sexual assault charge, will follow below.
Sexual Assault Victims’ DNA Bill of Rights
In an attempt to ensure that rape kits are not destroyed before the statute of limitations has expired, the California Legislature passed the Sexual Assault Victims’ DNA Bill of Rights. This law is applicable to any facility that preserves rape kits and requires them to conduct an audit of all untested kits in their possession and report the results to the California Department of Justice. Part of this report is an indication as to whether the assault was reported to a law enforcement agency. Presumably, this is to ensure that, if the statute of limitations has not expired on an allegation of sexual assault, one can still be made.
Defending Against Charges of Child Rape in California
As alluded to above, while it may seem that the deck is stacked against one accused of rape or sexual assault, there are some typical defenses that one may use to combat an accusation.
Some of the more common defenses include:
False accusation;
Lack of sexual contact;
Consensual sex, including an honest and reasonable belief that the accuser consented;
Insufficient evidence; or
Mistaken identity.
It is important to note that being too intoxicated, meaning the accused did not know what he/she was doing, is not a defense to a sex crime in California if the intoxication was voluntary.
Besides asserting the defenses listed above, some of the more typical ways in which an accused individual can defend against a charge of rape or sexual assault include:
Given that sexual assault is a “he said, she said” situation, it can be fruitful to negotiate with law enforcement and explain the accused’s version of the events;
Alternatively, conducting a private investigation into the event may help illustrate, for example, the defense of mistaken identity; and
Although not typically admissible in court, polygraph results may sway the prosecutor into dropping the charges.
If the above strategies are not successful, a defendant, especially a first-time defendant, can potentially lessen the damages by pleading guilty in exchange for a more lenient sentence. Additionally, if found guilty, an accused individual can try to mitigate his/her sentence by presenting evidence such as a lack of prior convictions. An experienced criminal defense attorney can help devise an effective strategy in response to these allegations.
Speak to a Criminal Defense Attorney
If you have been charged with rape or sexual assault, especially one in which a rape kit was involved, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have an extensive knowledge base of and experience in criminal defense, including dealing with delayed charges as a result of delayed rape kit processing.
We will work with you to prepare the most effective defense to counter the charges against you. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Being charged with a crime is not, to say the least, a pleasant experience for anyone. Some liberties and freedoms, which we, as Americans, have fought for, are suspended, at least temporarily and potentially more long-term, while the legal process works out whether the defendant is guilty. Retaining the services of an experienced criminal defense attorney can help make the legal process go as smoothly as possible.
However, other aspects of an individual’s life are also affected as a result of being charged with a crime. Specifically, individuals who have been charged with money laundering may find that they may not be permitted to purchase a house in an all-cash transaction. Recent federal law now requires that real property cash purchasers prove their identity, and those with previous allegations of money laundering may now be more highly scrutinized when attempting to purchase a house via an all-cash offer.
A discussion of California’s money laundering law, its punishments, and possible defenses will follow below.
What California Law Says About Money Laundering?
In essence, money laundering is the act of concealing the transformation of profits from illegal activity into legitimate assets. An issue associated with engaging in certain criminal activities is what to do with the financial proceeds of, or money resulting from, the criminal activity so that it does not arouse suspicion. Consequently, some look to launder, or clean, the money. Once this occurs, the money may be used in the mainstream economy.
Law enforcement takes steps to detect the laundering of money before it has concluded, and in California, money laundering consists of the following elements:
The completion of a transaction, or a series of transactions, through a financial institution;
In which the total amount of the transaction is more than $5,000 in a seven-day period or more than $25,000 in a 30 day period; and
The transaction was made with the intent to promote criminal activity, or the defendant knew that the money was from the proceeds of criminal activity.
What is the Average Sentence for Money Laundering?
In California, money laundering is a wobbler crime. This means that the prosecutor may choose to charge a defendant with either a misdemeanor or a felony, depending on the defendant’s previous criminal history, as well as the facts of the case.
If the prosecutor chooses to charge the defendant with a misdemeanor, the penalties can include up to one year in jail and/or a fine of up to $1,000. If the prosecutor desires to charge the defendant with a felony, the penalties can include between 16 months and up to four years in jail, and/or a fine of up to the greater amount of either $250,000 or twice the amount of the money laundered(or $500,000 or five times, if the defendant has had a prior conviction for money laundering).
Further, California law provides for increased jail sentences correlated with the amount of the transaction. Thus, the more money laundering, the greater the potential jail sentence.
What are the Legal Defenses?
The primary defense to a money laundering charge is that the defendant did not know the money came from criminal activity. This is sometimes referred to as a mistake of fact defense and can be used by banks and other financial institutions who provide banking services and are not part of a money-laundering scheme to avoid prosecution.
Another potential defense is that the defendant lacked the intent to launder money.
Get Professional Legal Help With Your Money Laundering Charges
If you have been charged with money laundering, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible. The attorneys at our office have extensive knowledge of criminal defense, including white-collar crimes like money laundering.
As alluded to above, charges of money laundering can have negative effects on other aspects of your life, so it is important to aggressively defend against these charges, and the attorneys at the Manshoory Law Group will do just that, helping you to get your life back on track.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
This autumn, news in the Golden State is almost exclusively about the wildfires that have wreaked havoc across thousands of acres. As this tragic story plays out, many people have been displaced, and in some instances, their houses have been destroyed. Coupled with this tragedy is the new issue of looters.
However, while there may be some individuals looking to profit off the fact that people’s belongings are now out in the open, there are nevertheless some individuals who have been accused of looting who are not as guilty as law enforcement may believe. Retaining the services of an attorney with expertise in criminal defense, including burglary and petty and grand theft, can be crucial to ensure that an individual accused of looting can adequately combat those charges.
Recently, an article in the Sacramento Bee illustrated the concern that some residents have had regarding looting in their fire-ravaged neighborhoods. A discussion of looting, in general, as well as penalties and common defenses, will follow below.
What Are the California Looting Laws?
In California, looting is covered by Chapter 463 of the California Penal Code. Recognizing that, during riots, natural disasters, and other states of emergencies, there is always a risk that individuals will take advantage of the chaos around them and engage in theft, the California Penal Code considers looting an illegal act if the following elements are established:
An intentional act of commercial burglary, petty or grand theft, or grand theft of a firearm;
During a state of emergency.
Thus, essentially, looting is actually the commission of another crime (burglary, petty or grand theft, or grand theft of a firearm) during the existence of an emergency. It should be noted that the emergency can be natural, like an earthquake, flood, or other natural disasters, or it can be manmade, like a riot or unlawful assembly.
What are the Penalties for Looting in Los Angeles?
As mentioned above, since looting is connected with committing another theft crime under specific circumstances, the penalty for a charge of looting is based on the underlying charge. Thus, looting can be charged as either a felony or a misdemeanor, depending on the specific facts of the case.
Anyone convicted of looting may incur one of the following punishments:
For petty theft, looting is a misdemeanor, which carries a minimum of 90 days in jail and a fine of up to $1,000.
For burglary or grand theft, wobbler crimes in California, an accused individual can be charged with either a felony or misdemeanor, dependent on the individual’s previous criminal history and the facts surrounding the looting charge. The maximum sentence for a misdemeanor conviction is 364 days in jail and a fine of up to $1,000. A felony conviction can result in a sentence of 16 months in jail, two or three years in prison, and a fine of up to $10,000.
For grand theft of a firearm, the charge will be a felony which carries a sentence of 16 months, two or three years in jail, and a fine of up to $10,000.
Possible Defenses To Looting Charges
As with all crimes, defenses are available. Some of the more common defenses include:
Lack of intent (an individual must intend to commit burglary, petty or grand theft, or grand theft of a firearm);
During the arrest, law enforcement violated the individual’s civil rights, such as conducting an illegal search and/or seizure; and
The identification of the defendant was mistaken.
Finally, there is the defense of good faith. Essentially, if, during an emergency, an individual committed theft or burglary in good faith, such as taking medical supplies to treat wounds by someone injured as a result of the emergency, that individual may be able to avoid looting charges.
What to Do if You are Arrested?
If you have been charged with looting, contact the criminal defense attorneys at Manshoory Law Group, APC as soon as possible.
The attorneys at Manshoory Law Group, APC have extensive knowledge of criminal defense law, including burglary and petty and grand theft, and we will ensure that you are provided with an effective and aggressive defense.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Being charged with a crime can be a harrowing experience. In many cases, the suspect is confronted with the distinct possibility that his/her life will be turned upside down, even if not convicted. Given that a substantial fine and/or prison time is a possibility, all efforts and energy must be directed towards defending the charges against him/her.
Retaining the services of an experiencedcriminal defense attorney can help alleviate some of the stress involved with being charged with a crime. One possible defense against criminal charges is that the State waited too long to file the charges, thus depriving the suspect of his/her right to a speedy trial, as well as violating the statute of limitations for the particular crime charged.
Entertainment personality Bill Cosby was recently found guilty and sentenced to a prison term of 3-10 years for drugging and sexually assaulting a woman in 2004. Although Cosby was actually accused of various sexual-related crimes by multiple women, he was able to avoid prosecution for all but one of the crimes because they happened well after the statute of limitations for those particular crimes had expired.
A discussion of statutes of limitation, when such statutes may not apply, and a suspect’s Constitutional right to a speedy trial, will follow below.
What is a Statute of Limitations and Why is it Important?
In the criminal context, a Statute of Limitation is a law that sets how long the State may bring charges against a suspect. Typically, the time periods set in statutes of limitation vary by crime. Nevertheless, if the State fails to bring charges against a suspect within the stated time, the State cannot pursue any action against the suspect or, if it attempts to do so, the defendant can petition the court to dismiss the charges. Typically, the court-mandated to issue a dismissal if it finds that the statute of limitations has expired.
In California, the time period, for calculating the limit in the statute of limitations, typically starts on the day the crime is alleged to have been committed. However, there are some instances in which the time period begins when the State knows or should have known, that a criminal act was committed. Matters falling under this aspect of the statute of limitations involve fraud and child molestation.
Finally, an important point should be noted here. If a suspect is, in fact, charged with a crime, the statute of limitations is stopped (referred to as tolling the statute of limitations). This is an important issue, which will be revisited below.
What Crimes Have No Statute of Limitations in California?
In California, some crimes have no statute of limitation, meaning charges can be filed at any time.
These crimes include:
Crimes punishable by death or life in prison without the possibility of parole;
Crimes for the embezzlement of public funds; and
Various sexual crimes, such as rape and child molestation.
When the Right to a Speedy Trial Applies?
There is another factor affecting the speed at which the State must act. Specifically, the U.S. Constitution provides defendants with a right to a speedy trial. This right is intended to protect the defendant from an unreasonable delay between the filing of the charges and the beginning of the trial. In California, by law, defendants have a right to the commencement of a trial within one year of the filing of charges.
Speak to a Criminal Defense Attorney
If you have been charged with a crime, please contact the experienced criminal defense attorneys at Manshoory Law Group, APC as soon as possible. We have immense knowledge of criminal law, including ensuring that the State is acting according to the law. To that end, we will work to devise a strategy and present the best case for you.
Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
Since the Clinton Administration, many American criminal justice systems implemented measures to make them appear to be tough on crime. One of these measures has been to increasingly charge juveniles as if they were adults. Consequently, in California, juveniles as young as 14 were subject to being charged and tried in adult court.
Given the potentially catastrophic consequences that such a charge can have on the rest of that juvenile’s life, retaining the services of an experienced criminal defense attorney should be the first priority if a juvenile is charged with a crime.
In the time since the implementation of laws allowing for juveniles to be charged as adults, many scientific studies have been conducted that have shown that charging juveniles as adults not only does not benefit society, it has had a detrimental effect on the juveniles, unfortunately preventing them from becoming productive members of society.
A discussion of the bill currently in front of the Assembly, as well as the crimes for which a juvenile can be charged as an adult, will follow below.
What is CA Senate Bill 1391?
As alluded to above, Senate Bill 1391 will put a minimum age on those individuals who can be tried as an adult. Specifically, the bill mandates that only those who are 16 or 17 years old have the potential to be tried as an adult. Anyone younger must be tried within the juvenile justice system. Further, as is currently the law (and will not be affected by SB 1391), anyone over the age of 17 must be tried within the adult criminal justice system.
Generally, crimes committed by individuals under the age of 18 are tried in Juvenile Court. Juvenile Court, officially, is not part of the criminal justice system, and the cases are typically considered confidential. When a matter is heard in Juvenile Court, the judge does not find the juvenile to be innocent or guilty. Rather, the judge will sustain the petition if he/she finds that the juvenile committed the crime beyond a reasonable doubt. The judge then issues a disposition – an order requiring the juvenile to pay a fine, perform community service, be placed on probation, or be made a ward of the court.
If and when the juvenile successfully completes the terms of the program, the charges are dismissed. Unlike the criminal justice system, the primary goal of the juvenile justice system is not retribution, but rehabilitation.
What is Section 707 Crimes in California?
However, there are some crimes, set forth in Section 707 of the California Penal Code, in which a juvenile under the age of 18 can be tried as an adult. Prosecutors have discretion over whether to charge a juvenile, suspected of committing one of these crimes, as an adult or as a juvenile. These crimes will not be affected by SB 1391 – only the age at which a juvenile can be subject to this Section will change.
These crimes include:
Murder
Rape with force, violence or threat of great bodily harm
Forcible sex in concert with another
Lewd and lascivious acts on a child under 14 with force, violence or threats of great bodily injury
Torture
Forcible sexual penetration
Carjacking
Sodomy or oral copulation by force, violence or threat of great bodily injury
Hire A Criminal Defense Attorney
If you are aware of a juvenile who has been charged with a crime, contact the experienced criminal defense attorneys at Manshoory Law Group, APC as soon as possible. Vigorous defense of a minor facing criminal charges is a must to ensure that they can be given a chance to eventually succeed in life.
The lawyers at Manshoory Law Group, APC will use their knowledge of criminal law to devise a strategy and present the best case for the minor’s defense. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.
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