Trusted Criminal Defense Attorneys In Southern California
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With all of the rules and regulations that determine when and how certain acts are permissible in modern life, inadvertently tripping one of these lines is not terribly difficult to do. Claims of fraud are an area particularly prone to unfair allegations, mainly due to the large number of crimes associated with certain acts, and a criminal defense attorney should be contacted if charges are likely or pending.
Almost any type of transaction or exchange can assume fraudulent overtones, as the basic definition of this offense only requires a person to commit an act that results in an unfair benefit for oneself and/or causes harm or loss to another. This definition for fraud is seemingly open-ended, and California also has many additional offenses that address specific situations or acts that could lead to criminal culpability.
In fact, most fraudulent acts are claimed to be motivated by a desire to escape criminal responsibility or incur financial gain. Two men from California were recently charged with fraud in connection with attempts to purchase a business with foreign currency.
An overview of the types of offenses that fall under California fraud crimes, and some options for defending against these allegations, will follow below.
What are the Generic Types of California Fraud Crimes?
Fraud charges can quickly become complicated situations, as they often involve both State and federal law, leaving the accused open to criminal penalties in both courts. Further, many of these offenses may be charged as misdemeanors or felonies, known as wobblers, another avenue for a defendant to see harsher sentences.
In addition, convictions permit the revocation or suspension of professional licenses and the seizure of assets involved in the fraudulent activity. Thus, a person convicted of a fraud-related crime could see penalties that directly impact their financial and professional stability, which is an essential reason these charges should be vigorously challenged to the fullest extent possible.
California has too many fraud-related offenses to review in detail, but they generally fall into the following categories, with some examples:
insurance – auto, health, unemployment, public assistance, workers’ compensation, etc. (filing a false claim for benefits, falsifying documents);
real estate and mortgage (foraging a deed, renting property without authority);
general financial fraud (using someone else’s credit card, altering a company’s financial statements);
forgery and identity theft (counterfeit driver’s license, forwarding a computer virus); and
mail fraud – this is a federal offense (mailing a forged check, advertising false services through the mail).
How Do You Defend Against Fraud Charges?
Given the punishments a person can receive for these offenses, on multiple levels, providing an adequate defense to at least mitigate the outcome is essential. Fraud is an intent-based crime, meaning the alleged perpetrator must specifically intend to derive an undeserved benefit from someone else. Thus, if such intent did not exist, he/she cannot be guilty of fraud. Note that motive and intent are two distinct concepts that are often confused, but are not the same for purposes of presenting a legal defense.
Another defense that can be applied to fraud charges is entrapment. Entrapment occurs when a person committed a crime only because police lured him/her into doing so. Note that the conduct by police must occur in their official capacity and involve pressure, harassment or fraud to be considered entrapment.
Further, merely presenting the opportunity to commit a criminal act will not be enough to prove entrapment, but a knowledgeable criminal defense attorney will know how to best present this defense to a jury. Proving entrapment requires the dismissal of criminal charges, so it is a powerful defense when available.
Fraud Legal Defense in California
Dealing with police and prosecutors on your own is never a good idea. You need someone with the knowledge and resources to effectively defend your rights and give you a real chance at beating any criminal charges.
Fraud attorneys at Manshoory Law Group, APC helps clients in the Los Angeles area fight police claims and State charges, and are available to discuss the details of your case. Attorneys are available 24/7 to take your call. Contact us for a consultation today.
Child abuse is one of the harshest charges that can be leveled against someone, especially a parent. Children are some of the most vulnerable members of society, so many regulations and safeguards are used to protect them from harm.
However, false accusations of abuse that can destroy families are made every day, and anyone facing such circumstances needs to contact a Los Angeles child abuse lawyer about their legal options.
A couple in Riverside County was recently arrested and charged with torture and child endangerment after authorities discovered 13 children inside their home shackled and malnourished. This type of behavior, if true, is certainly unacceptable, but most individuals arrested for crimes related to harming a child are much less clear.
The penalties for these offenses are extremely harsh, not to mention the social stigma and loss of reputation. A discussion of common charges filed in cases of alleged child abuse, and how an experienced criminal defense attorney can attack the State’s case, will follow below.
What is Child Abuse?
The phrase child abuse refers to a large range of behavior that results in mental, physical, or sexual harm to a child, or which is considered neglect or exploitation. Parents have broad authority to raise and discipline their children as they wish, but laws do exist that seek to protect children from acts the State views as producing serious harm.
Further, some individuals are required by law to report suspected child abuse, including teachers, doctors, and daycare workers. This can leave parents and other caretakers open to false allegations largely based on perceptions from third parties, who have limited information and access to the child’s home situation.
This risk is one of the primary reasons a criminal defense attorney should be brought in as soon as possible once a report or investigation is launched.
What Acts Considered Child Abuse?
The criminal elements of child abuse generally involve:
the intentional infliction of cruel and inhumane punishment and/or injury to a child, i.e., acted on purpose;
the punishment or injury caused bodily harm; and
these actions were not reasonable methods of disciplining a child.
In addition to the charge of child abuse, other offenses are frequently charged in conjunction with this crime, such as child endangerment, battery, and failure to provide care (neglect).
Child endangermentrefers to situations in which a defendant is alleged to have placed the child in an environment where injury or harm was probable or likely. Thus, no actual physical injury is necessary for this crime.
Battery, the willful use of force, is typically charged where there is some evidence that physical force was exerted, but the actions did not cause an injury or rise to the level of inhumane.
Neglect or failure to provide carearises when a parent is accused of intentionally failing to provide basic necessities to a child (food, water, clothing, medical care, etc.) without a lawful excuse, such as not being able to afford these necessities. These offenses are wobblers, meaning they can be charged as misdemeanors or felonies depending on the circumstances, and are subject to harsh penalties, up to ten years in State prison, and should not be taken lightly.
How to Defend Against False Allegations of Child Abuse?
Criminal defense attorneys have multiple options for attacking a child abuse charge, dictated by the facts of each case, that may be raised before or during the trial. One of the most common defenses used to combat these charges is that they are false. Conflict among family members or a high-conflict child custody matter can push people to make untrue accusations as a form of retaliation.
Further, the child’s injury may be entirely separate and unconnected with any type of abuse. Children get injured as part of growing up, not necessarily from abuse. Additionally, a genuine accident that did not occur from reckless or aggressive behavior is another way to defend against child abuse charges.
Hire a Criminal Defense Attorney
Manshoory Law Group, APC is dedicated to providing you with strong and effective legal representation in your criminal case. The Los Angeles law firm has years of experience handling a wide variety of criminal charges and knows how to build a strong defense so you can achieve the best possible result.
Attorneys are available 24/7 to take your call. Contact us for a free consultation.
One of the most controversial laws that were passed in California on January 1 was Senate Bill 239. This bill reduced the penalties for those who intentionally transmitted HIV to others. Instead of being charged as a felony, such crimes will now be considered misdemeanors. This new law now aligns HIV with other serious communicable diseases.
The reasoning behind the change in laws is to make them more modern. California passed its most recent HIV criminalization laws in the late 1980s. At this time, HIV and AIDS were thought of as scary diseases. Little was known about them and people who had these diseases faced a stigma.
The landscape of HIV has changed dramatically since then. Medications have improved greatly, allowing those with the disease to live quality lives for decades after infection. These medications also lessen the risk of HIV transmission. These facts helped drive the change in laws.
HIV transmission was like a murder charge. The previous law primarily affects sex workers, who could be charged with a felony without sexual contact. An HIV-positive worker who solicits a person would be guilty of a felony just for that simple action. It is believed that the previous law did more harm than good.
Gov. Jerry Brown signed the bill into law in October. Besides changing the punishment for intentional HIV transmission from a felony to a misdemeanor, donating blood knowingly infected with HIV is now decriminalized. That’s because there are currently extensive measures in place to identify infected blood without having to criminally punish a person who chooses to donate blood.
Criticism Against the Bill
SB 239 has drawn negative media attention from conservatives. There have been several cases where men have tried to intentionally transmit HIV to others. When an innocent person is given HIV, their life changes dramatically, so shouldn’t the perpetrator be punished to the fullest extent of the law?
Lawmakers argue, however, that these cases are rare. Between 1989 and 2014, there were 379 convictions related to HIV in California.Of those, only seven involved intent to transmit HIV. The law focused primarily on sex workers, which made up 90 percent of the cases. Women and minorities were affected the most by the previous law.
Plus, it is believed that HIV exposure laws do little to counteract the behavior. As such, LGBT groups, HIV groups, civil liberties groups, and public health organizations find the previous laws outdated and ineffective.
Contact a Criminal Defense Attorney Today
Many laws get stricter with the new year, but this one is the exception. This is good news for those who may be accused of transmitting HIV to another person. While HIV and AIDS were once huge problems in California several decades ago, times have changed and the law needs to reflect that.
If you are facing serious charges for transmitting HIV or engaging in other crimes, seek legal help right away. The criminal defense lawyers at Manshoory Law Group, APC can defend you against such charges. To schedule a free case review, contact the team at Manshoory Law Group, APC today at (877) 977-7750.
For juveniles who have been in trouble with the law, the new laws in 2018 will be of help. Several new laws went into effect on January 1, 2018 that will benefit minors who committed crimes while they were teens.
Under a new law—Assembly Bill 529—a person under 18 who commits a crime is a ward of the juvenile court. Once a juvenile completes a diversion program, records will be sealed for dismissed juvenile court petitions. This pertains to all petitions in the custody of the juvenile court, probation department, law enforcement agencies, and the Department of Justice. In addition, a judge will have the authority to seal juvenile records once the sentence has been completed—even when the juvenile committed serious or violent offenses.
Successful completion of a diversion program is defined as the fulfillment of an informal supervision program or probation. During the time the juvenile is in the diversion program, he or she cannot be convicted for a morally offensive misdemeanor or felony.
Gov. Jerry Brown approved the law in October 2017. The bill, which amends Section 786 of the Welfare and Institutions Code, has additional changes. Once a charge has been dismissed, the counties would be required to seal the juvenile records. Once the record has been sealed by the court, the prosecutor has up to six months to petition the court to access the sealed record based on new circumstances. First, though, the court must determine whether the prosecutor has provided sufficient justification to access the sealed record and therefore refile the dismissed petition.
The new law also requires appropriate notification. The probation department is required to notify the juvenile in writing that the records have been sealed. If the records were not able to be sealed for any reason, the juvenile must also be notified in writing as to the reasons why. Under the law, the juvenile will be allowed to petition the court to review the decision.
Probation departments will have limited access to sealed records under these provisions. The law imposes new duties on probation departments in regards to sealing juvenile records, which makes it a state-mandated program.
What Does Record Sealing Do?
The process varies from state to state, but record sealing may involve an actual sealing of criminal records, while some jurisdictions destroy the records. Once the records are sealed, they are no longer made available to the public. In addition, the person who committed the crime has the legal right to deny that the arrest never occurred.
This is helpful for those who committed a crime during their teen years and want to move on with their life. By having their records sealed, they do not have to disclose their crime on job applications and rental applications.
Contact a Criminal Defense Attorney Today
This law is great news for juveniles who made mistakes when they were younger and have since rectified the situation. There’s no reason why a person should have to live with their mistakes for the rest of their life.
If you’re interested in sealing your criminal records, seek legal help. The criminal defense lawyers at Manshoory Law Group, APC can protect your future. To schedule a free case review, contact the team at Manshoory Law Group, APC today at (877) 977-7750.
The purpose of law enforcement is to keep the peace and enforce the rule of law. To perform this role, police rely on information submitted by the public, alleged victims of crime, and witnesses, as well as statements from accused offenders about potentially illegal acts. Police do not always accurately interpret or act on the information provided to them, which is why the services of a criminal defense attorney are needed if someone is under investigation or accused of a crime.
One new type of behavior that could bring criminal consequences at the state and federal level is an act called “swatting,” a new version of prank calling. This involves making a false report to the police about a violent crime in progress, hoping the local SWAT team will be sent to handle it, and bust down the proverbial and literal doors.
When the police show up at a purported crime scene, especially one where violent acts are supposedly taking place, they may not use the proper and reasonable amount of caution needed to assess whether a true emergency exists. This can lead to innocent parties being hurt or killed, which recently occurred when a California man allegedly initiated a swatting call to police in Wichita that led to the death of a 28-year-old man.
While the caller, in these cases, does not directly cause the death, federal and state authorities are still looking for ways to pin these individuals with criminal responsibility. A discussion of how state and federal prosecutors are seeking to approach charging a person with a criminal offense in these situations will follow below.
Legal Consequences of Swatting Crime
Federal Charges
Federal statutes do not include an offense related to swatting, and situations involving murder are typically handled at the state level, but there are two federal crimes a person involved in swatting would most likely face: obstruction of justice and murder-for-hire.
The obstruction of justice occurs when law enforcement attention and resources are diverted away from legitimate policy matters, and is meant to be applied broadly so that the focus is on the effects of an act and not the act itself. Murder-for-hire involves using facilities of interstate commerce (phone, text, email, mail, etc.) to facilitate the death of another person.
Note that there must be an intent to kill, which would not necessarily be present in swatting cases. Typically, these calls are intended to embarrass or scare an individual, not kill him/her.
State Charges
California does have a law related to swatting and penalizing individuals convicted of reporting false emergencies to law enforcement with the financial responsibility to cover the costs of the police response up to $10,000.
Specifically, it is a crime in California to send law enforcement false information identifying a third party in the commission of a crime with the intent of triggering a police response. However, as noted above, these cases rarely involve a death, so in order to appear to take such an act seriously, state prosecutors could attempt to charge a caller with second-degree murder.
Second-degree murder does not require the premeditation and intention that first degree does, and all murders that are willful but not deliberate or premeditated are considered to be second-degree offenses in California.
The potential prison sentence is 15 years to life. Given the dire consequences of such a charge, working with an experienced criminal defense attorney to challenge the state is essential to controlling the outcome.
Legal Support for Swatting Defense
The criminal justice system is a complicated process that should not be approached without the guidance of an experienced criminal defense attorney to protect your rights. The Los Angeles law firm Manshoory Law Group, APC handles a wide variety of criminal offenses, from misdemeanors to serious felonies, and knows how to build a defense to obtain the best possible results.
Attorneys are available 24/7 to take your call. Contact us for a consultation.
While children may want to grow up and presume they know what it means to be an adult, society understands they need additional protection due to their immature stage of cognitive development. This includes the recognition that children may not understand the consequences of their actions, and thus should not be held to the same level of responsibility or subject to the same punishments as adults.
Under Proposition 57, all child crimes which go to court will start in juvenile court. Only if the judge believes the crime is that of a higher threshold will it be transferred to the adult criminal system. However, State Bill 1391 says minors aged 14 and 15 cannot be tried as an adult. Due to this law, children aged 14 or 15 who were sent to the adult system have been consistently sent back to the juvenile court. The position of each of these laws puts minors that are 14 or 15 at odds and there are some questions about if they can be tried as adults when they have committed heinous crimes.
This confusion over how to try 14 and 15-year-olds has led the state to wait on the judgment of the California Supreme Court. There are five cases where juveniles were sent by judges to the adult system and the supreme court will examine them in 2020 to make a determination on how to proceed. Four of these cases had appellate courts rule that there is no violation between SB 1391 and Prop 57.
However, though stakes may seem smaller, an experiencedcriminal defense attorney should still be contacted if potential legal issues arise, especially if criminal charges are pending. The vast majority of criminal offenses committed by juveniles are handled in the juvenile justice system, which seeks to rehabilitate young offenders instead of the retribution extracted in the adult criminal justice system. However, for serious offenses, a minor can be and sometimes is required to be, tried in the adult system.
A teenager recently arrested in Riverside claims to have molested up to 50 children over the past eight years, starting at age 10. Certainly, this case represents an extreme example of a young offender potentially facing serious consequences, but still raises the question of when a court would consider transferring a minor to the adult system. A discussion of the analysis used to make this decision follows below.
What is the Juvenile Justice System in California?
The main difference between the juvenile and adult legal systems lies in the outcomes each aims to achieve. The juvenile system is focused on education and rehabilitation, whereas the adult system is focused on punishing offenders for crimes. Because the outcomes are so different, the processes are not the same.
First, minors in the juvenile system are not entitled to a jury trial, unlike in adult court. The juvenile court judge or commission decides guilt or innocence, but, just as in the adult system, the prosecutor is required to prove guilt beyond a reasonable doubt.
Further, there is no bail in juvenile court, so retaining an experienced criminal defense attorney is crucial to obtaining the minor’s release. When it comes to sentencing, the most crucial aspect of any criminal case, the potential options are different for minors.
In cases with less serious crimes, probation may be imposed, and the typical conditions include:
regular school attendance;
following a curfew;
working with a counselor;
performing community service; or
paying restitution to a victim.
More serious offenses could result in a sentence of time in a probation camp, foster or group homes, the California Division of Juvenile Justice (prison for minors), or juvenile hall. Importantly, once a minor turns 18, and assuming the juvenile case is closed, it is possible to petition for the records to be sealed or destroyed, which is crucial to moving into adulthood with a clean slate.
When Minors Can Be Tried as an Adult?
The law does not want to hold minors to the same standard as adults, and specifically prohibits prosecuting any minor under the age of 14 as an adult.
However, for those that fall within the window of 14 to 17, it is possible to be prosecuted as an adult in the following circumstances:
the prosecutor exercises his/her discretion to directly file criminal charges in the adult court;
the prosecutor petitions the juvenile court for a fitness hearing, and if found unfit for juvenile rehabilitation, the minor may be transferred to the adult system; or
Fitness Hearing to Transfer Juvenile Cases to Adult Court
Once a minor reaches the age of 14, a prosecutor has the option, in certain circumstances, of petitioning the juvenile court for a fitness hearing to determine if the minor would benefit from the rehabilitation offered by the juvenile justice system.
Specifically, this legal option is available to a prosecutor if:
the minor is 16 or older and accused of any crime;
the minor is 16 or older and is alleged to have committed a felony previously used to make him/her a ward of the court, and was found to have committed two or more felonies since the age of 14. A presumption of unfitness arises in these cases that must be rebutted to avoid transfer to the adult system; or
the minor is 14 or older and accused of certain violent offenses, such as murder, rape, kidnapping, or robbery, that specifically applies a presumption of unfitness for the juvenile process.
When courts assess whether to find a minor fit or unfit, the judge examines five criteria:
the degree of criminal sophistication exhibited by the minor;
whether the minor can be rehabilitated in the juvenile system before the juvenile court’s jurisdiction expires (age 25);
the minor’s previous history in the juvenile system;
the success of any earlier attempts to rehabilitate the minor; and
the circumstances and seriousness of the alleged crime against the minor.
The court is also permitted to consider mitigating or extenuating factors, like the minor’s mental state at the time of the alleged offense, when evaluating fitness. Basically, the minor needs to show that he/she and society would be better served by rehabilitation in the juvenile system versus punishment in the adult system.
What Crimes Can Qualify for Prosecution as an Adult in California?
Any of the following crimes could lead to a minor being charged as an adult if it has been determined that the minor is ineligible for juvenile court and rehabilitation programs:
Murder and attempted murder.
Arson is occupied by people or where a person sustains great harm.
Robbery
Aggressive and forceful rape.
Aggressive and forceful sodomy.
Aggressive and forceful lewd act on a young child under the age of 14.
Aggressive and forceful oral copulation.
Forcing sexual penetration on another person.
Kidnapping for ransom, to commit a sexual assault, a robbery, or in association with hurting another person.
Assault with a weapon or firearm.
Forceful and aggressive assault that could substantially harm another party.
Shooting a gun into a building that has people inside.
Assaulting a person that is over 60 years of age or disabled.
Using a gun while committing a violent crime.
Bribing a witness or intimating a witness.
Making, manufacturing, or selling specific controlled substances
Violent gang activity.
Escaping a juvenile facility with force and violence.
Torture
Carjacking
Aggravated mayhem
Drive-by shooting
Willful manslaughter
Making an exploding device to kill others.
The following crimes will automatically result in a child that is at least 14years of age to be tried as an adult:
If a prosecutor claims the minor was the person who murdered a victim.
When the prosecutor says that various types of violent sex offenses were committed by the minor personally.
Being tried in the adult criminal justice system means a minor is vulnerable to increased penalties and much harsher punishments. In the adult system, a minor is going to be tried the same way that other adults are and be handed the same types of sentences, including life in prison.
The only fate that a minor will not be subject to is death.
What Are The Difference Between Being Tried In The Juvenile System Versus The Adult System?
The major difference is the severity of punitive actions. In the adult system, juveniles will have much tougher punishments and outcomes versus those in the juvenile system. When children are tried in the adult system and sentenced to jail, they are transferred into the adult prison system. Studies and statistics show that when a young person is sent to serve their time in the adult system they are more vulnerable to becoming career criminals. This is in large part because they are not being exposed to reform programs offered in the juvenile system.
California’s history of dealing with criminal children was to not allow any youngster under the age of 16 to be tried as an adult. That changed in 1994. Young people aged 14 are now subject to be charged with major felonies including murder or rape. But when SB 1391 was passed, the goal was to increase the minimum age for juveniles back to 16 in order to be tried as adults.
Opposition to SB 1391 says that particularly outrageous crimes committed by youngsters will not be treated with the severity that they require. This means that victims of crimes committed by young people won’t see their full legal justice for the damages and suffering they had to endure.
Speak with a Los Angeles Criminal Defense Attorney Today
Criminal proceedings as a minor may seem relatively benign compared with the adult system, but they can have long-term consequences that should not be taken lightly. An experienced criminal defense attorney can provide the counsel and representation needed to protect your child’s rights and fight for disposition in the juvenile justice system, where children belong.
Manshoory Law Group, APC represents clients in juvenile cases and will work to get the best possible outcome. Attorneys are available 24/7 to take your call. Contact the Los Angeles law firm for a free consultation.
Everyone finds themselves in an uncomfortable situation at some point, and in order to avoid embarrassment or punishment, may at least ponder pretending to be someone else. While it may seem harmless to impersonate another person, the law does not always look so kindly on this type of behavior. In fact, depending upon the circumstances of the impersonation, criminal charges may be filed for pretending to be anyone, not just a public figure or member of law enforcement.
A criminal defense attorney should be the first phone call a person makes as soon as there is a possibility of criminal charges to protect his/her rights, and to immediately begin to mitigate the fallout of any investigation. Impersonating public officials, especially police officers, is not taken lightly and can lead to criminal charges, even if no harm is caused.
Police are currently looking for a man who allegedly posed as law enforcement so he could pull a woman over on a highway in a southeast L.A. County suburb, and use the opportunity to sexually assault her. A discussion of the crimes related to impersonating a police officer, as well as for impersonating someone else in a private or public capacity, will follow below.
Impersonating a Police Officer
To be criminally liable for impersonating an officer, causing harm to another or deriving some benefit is not required. Instead, a person can be found guilty of this offense if he/she:
willfully wears or presents law enforcement insignia, uniforms, emblems, labels and the like;
for the purpose of fraudulently inducing another to believe he/she is a police officer or fraudulently intending to impersonate a police officer.
Note that wearing a police uniform as part of a Halloween costume or for a part in a play would not constitute a crime since the intent is not to fraudulently convince another person he/she was a police officer. This is a misdemeanor offense, and the potential sentences are probation, six months in county jail, and/or a $1,000 fine.
However, if a badge was used to induce the false perception, either real or fake, the sentences can increase to one year in county jail, and a $2,000 fine. Further, selling or transferring uniforms or badges that purport to identify the wearer as law enforcement is also illegal and brings potential jail time and substantial fines up to $15,000.
Impersonating Another Person
In addition to impersonating a police officer, it is also a crime to impersonate another person if harm is caused. False impersonation occurs when someone represents him/herself as another person to deceive others. However, the key element of this offense in most cases is whether an additional act was performed, beyond the deceitful misrepresentation, that:
creates a legal or financial liability for the person being impersonated; or
benefits the impersonator.
False impersonation is a wobbler offense in California, and a prosecutor’s decision as to whether the charge will be a misdemeanor or felony rests on the circumstances of the case, and the accused’s criminal history. As a misdemeanor offense, a conviction brings the potential for summary probation, one year in county jail and $10,000 in fines, while a felony conviction brings up to three years in jail, $10,000 in fines and/or formal probation. Further, anyone convicted of the felony charge of false impersonation is prohibited from owning firearms.
Hire a Criminal Defense Attorney
Incidents that start out as jokes or harmless acts can quickly turn serious if misinterpreted by police. Do not take a chance with the rest of your life. Contact an experienced criminal defense attorney to handle your case. The Los Angeles law firm Manshoory Law Group, APC is dedicated to getting their clients the best possible results and is available to evaluate your situation. Attorneys are available 24/7. Contact us today for a free consultation.
A criminal conviction is a black mark that can follow a person for the rest of his/her life, especially if the conviction is related to a sex offense. California has a long list of crimes that it designates under this category, and imposes particularly onerous and long-lasting punishments with the thought of making examples of these individuals.
Having an experienced and dedicated criminal defense attorney to argue against charges of this kind is the only realistic way a defendant will escape legal consequences. Making this task a little harder, Governor Brown signed a new law earlier this month that adds another offense to the list of sex crimes a person may face. The law is related to a type of sexual coercion that adults use to intimidate teenagers into complying with sexual demands.
A discussion of this new offense, and methods of defending against sex crime charges generally, will follow below.
Sexual Extortion
Extortion is traditionally associated with using force or the threat of force to wrongfully obtain possession of the property, usually money. Joining four other states in attempting to regulate conduct on the internet, California passed a new law that includes blackmailing someone with the threat of the publication of explicit images to entice the transfer of more explicit images or sexual acts.
This new law is in response to a perceived threat of adults posing as teenagers online in order to acquire explicit images. Note that this new offense is only for adults engaging in this type of activity, and not other minors. This is a felony offense punishable by up to four years in prison and goes into effect in January.
Defenses to Sex Crimes
An experienced criminal defense attorney will know how to assert convincing defenses throughout the criminal process, and not just during the trial. Both before trial and after a conviction, an attorney has opportunities to affect the ultimate outcome, and deciding when and how to fight charges will depend on the circumstances of each case.
In the pretrial phase, a defense attorney can file a motion to have evidence suppressed, which can be fatal to the government’s argument is granted. Further, he/she could also convince the prosecutor the case is too weak to bring to trial or the defendant is innocent, with either situation resulting in a dismissal. Additionally, it may be possible to plea to a lesser charge to avoid jail time or registration as a sex offender.
During the trial, prosecutors are required to prove certain factors before a jury can convict, and a criminal defense attorney can poke holes in the government’s argument, or bring the veracity of key testimony into doubt. If enough uncertainty is introduced into the prosecutor’s claims, the jury could return a not guilty verdict. Finally, if a conviction is an outcome, a defendant can argue for a more lenient sentence based on the existence of mitigating factors.
Some examples include:
the mistaken belief the conduct was legal;
no prior or minimal criminal history;
early acknowledgment of wrongdoing;
restitution made to the victim; and/or
prior satisfactory completion of probation or parole.
Hire a Criminal Defense Attorney
A criminal conviction could alter the course of your life, so do not enter into the criminal system without an experienced criminal defense attorney at your side. The Los Angeles Manshoory Law Group, APC knows how overwhelming criminal charges can be and will fight to ensure you receive the best possible result.
Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Making mistakes is part of being young, as trying and failing is the only way to learn. However, when youthful mistakes involve criminal charges, the consequences may last for a lifetime. Whenever criminal charges are on the line, working with an experienced criminal defense attorney that will take the time to investigate and build a strong defense to combat these allegations is crucial.
Juvenile convictions can be especially hard on both the defendant and his/her family as they are often forced to foot the bill for many of the punishments imposed by the court. Lawmakers recognized the unfair burden this system placed on many families, and passed a number of bills as part of a general criminal system reform package, recently signed into law by the governor, that will relax punishments and fines for juvenile offenses.
A brief overview of some of the new changes that will directly impact how juveniles are treated in the criminal system will follow below.
How to “Seal Juvenile Records” in California?
One of the harsher realities of juvenile offenses is having that mark on one’s criminal record for a lifetime. Under the new law, the situations when a juvenile’s record must be sealed now include:
when a petition is dismissed, though prosecutors have six months to request access to the records for the purpose of re-filing the petition based upon new circumstances; and
when a juvenile successfully completes a diversion or supervision program. If the probation office refuses to seal the record based upon claims the juvenile did not stay in compliance with the program’s requirements, he/she can petition to seal the record by proving successful completion did occur.
In addition, a companion law will permit courts to seal records of juveniles adjudicated for serious and violent offenses after the age of 14 if the charges were later reduced to a misdemeanor.
What is a Youth Offender Parole Process?
Defendants sentenced to life in prison or for a substantial number of years before the age of 23 are subject to a different parole process due to the young age when they were incarcerated. Under the new law, the youth offender parole process is extended to individuals 25 years or younger and sets dates by which these hearings would need to occur for the new group of individuals now eligible for this program.
California Expungement Fees and Costs
When a minor is deemed to be a ward of the state due to criminal activity, the family is expected to cover many of the costs associated with monitoring and housing their children.
Under the new law, families would no longer be responsible for the following expenses:
application and administrative fees for enrollment in a home detention program, routinely offered in lieu of jail time;
drug testing for those under 21; and
costs for transportation to a juvenile facility or institution and for housing, food, and care.
Consultation With an Attorney
Police have the authority to take minors into custody if they suspect they were involved in criminal activity, and while law enforcement is required to advise a minor of his/her rights prior to questioning, there are often significant concerns around a minor’s ability to understand the importance of these rights or how to assert them.
A new law seeks to address the problem by requiring juveniles 15 years old and younger to consult with an attorney before they may be questioned or waive any right. The consultation cannot be waived, and failure to provide an opportunity to communicate with an attorney would impact admissibility in a criminal proceeding of any statement made.
Hire a Criminal Defense Attorney
Protecting your rights in the face of criminal charges is the number one priority of people accused of a crime, but this protection is even more important when the person accused is a child. The long-term implications are very serious, and an experienced criminal defense attorney is critical to limiting or eliminating the possible effects of a conviction.
The Manshoory Law Group, APC represents clients in the Los Angeles area, including juvenile offenses, and knows how to create a tailored approach to get you the best possible result.
Attorneys are available 24/7 to take your call. Contact us today for a free consultation.
While there are signs the economy in the U.S. is continuing to slowly improve from the fallout of the 2008 recession, there are still a lot of people struggling to find decent and steady work. Unfortunately, the need to buy items does not go away. Therefore, it may not be feasible to make purchases from a department store, and people may instead turn to online bulletin boards and/or neighbors to find items they need.
The risk of buying things from non-traditional sources is that the items may be stolen, leaving the purchaser facing charges for possession of stolen items if discovered by police. Anyone facing criminal charges for any offense needs to hire an experienced criminal defense attorney to represent them in court and in dealings with the prosecutor. This is especially true with stolen property-related charges because there are a number of defenses the accused can present to win an acquittal.
A man in the San Bernardino area was recently arrested for possession of the stolen property when police discovered him with a collection of tools previously reported missing after a burglary several weeks earlier. Given how easily and unintentionally a person could come into possession of stolen items, understanding what qualifies as a crime in California and the possible defenses to such charges is useful information to have, and will be discussed below.
What are the Penalties for Possession of the Stolen Property in California
The technical name of this offense is “receiving stolen property”, and the prosecutor must prove three important elements in order to find a person guilty:
First, the individual must buy, conceal, sell, withhold or receive property (or actively aid someone to keep the property from the owner) that was unlawfully taken as part of a theft or extortion offense.
Second, the person must know that the property was in fact stolen.
Third, the person knew the property was in his/her possession.
If the property is valued at $950 or more, the offense is charged as a felony, and is punishable by up to three years in county jail and/or $10,000 in fines. Items worth less than $950 typically result in a misdemeanor charge, which brings a possible sentence of up to one year in county jail.
However, a misdemeanor can be elevated to a felony depending on the criminal history of the accused and the circumstances of the alleged offense.
How to Beat Possession of Stolen Property Charge
There are three main defenses a criminal defense attorney can present to combat possession of stolen property charges.
The first is the accused either unknowingly or lacked actual knowledge that the item was stolen. The crime requires the offender to know the merchandise was stolen, so the absence of this information would allow the defense attorney to argue the accused is not guilty. Further, if there were no indications on an item that would indicate it was stolen, such as scratched-out serial numbers, there is an argument a reasonable person would have no reason to suspect a theft was involved.
The second defense involved innocent intent. If the accused planned to return the property to the rightful owner or surrender it to law enforcement when it was received, the charges would be dismissed if a judge or jury believed this argument. Note that if the accused initially planned to return the property when it was received, but later decided to keep or sell it, this defense is not applicable.
Finally, in order to be guilty of this crime, the person must actually have possession of the stolen item.Possession requires the accused to know about the existence of the property and to take steps to bring it into his/her care. Thus, if someone placed the stolen property in the car or home of another without their knowledge, there is no possession, and thus, no crime.
It Is Time to Start Fighting Back
If you have been accused of any crime, the best thing you can do to protect your rights is to contact and hire a criminal defense lawyer as soon as possible.
Manshoory Law Group, APC represents clients throughout the Los Angeles area in criminal law cases and will fight to obtain the best possible result in your case. Attorneys are available 24/7, so contact us today for a free consultation.
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