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An unfortunate reality of the American justice system is that not everyone convicted of a crime is actually guilty. Being accused of a crime is one of the worst things that can happen to a person, but if that false accusation turns into a conviction, the consequences are even direr and life-changing. Repercussions from losing one’s job to ostracization from society can truly catapult one into what seems like a never-ending downward spiral. Although our criminal justice system works in most cases and is held up as a standard to many other countries, not all juries get things right.
Unfortunately, in such cases, the consequences to the accused can be horrific, such as what happened to a Vallejo couple in 2015, where an abducted woman and her boyfriend were accused of staging a hoax similar to that presented in the movie, Gone Girl. While this example did have a happy ending, and no innocent people were incarcerated, this doesn’t happen in all cases, and innocent people do go to jail.
A man was recently released from prison after serving 20 years for an attempted murder and robbery conviction related to a shooting at a Compton gas station in 1996 after prosecutors were forced to admit the facts pointed to his innocence. His conviction largely rested on a witness misidentification, a known source of false accusations and wrongful convictions.
The 20 years this man lost in prison can never be recovered and highlights how an aggressive approach to challenging false accusations is essential to mitigating the potential consequences.
The best way to avoid such a situation is to do your best to ensure the proper outcome, which means immediately securing representation from experienced criminal defense attorneys. Anytime a person is a suspect in connection with or facing charges for a crime, a criminal defense attorney should be contacted to protect the accused’s rights and to limit the potential fallout.
Skilled criminal defense attorneys know and can navigate through the complex idiosyncrasies of the criminal justice system to ensure the fairest possible conclusion. An overview of what someone falsely accused of a crime should do in the immediate aftermath, and the options criminal defense counsel has to combat such claims, follows.
How to Respond to False Accusations
First and foremost, anyone accused of a crime should always assert his/her right to remain silent when arrested or questioned by police. Since the person accused is unlikely to know exactly what the accuser told police, offering information may inadvertently support the accusation. In addition, prosecutors usually have to decide whether or not to charge someone with a crime within a relatively short period of time, so the less information they have to work with, the better for the accused. The only information the accused should offer is his / her name, and a request to speak with an attorney.
Being falsely accused of a crime, unfortunately, does not alter the way the matter progresses through the criminal justice system. This is because the prosecution typically does not believe the defendant’s assertion. Consequently, one who is falsely accused should never think that, because he/she is innocent and has nothing to hide, there is no need to seek the counsel of an attorney. In fact, as a result of the false accusation, there is perhaps an even greater need for legal advocacy.
One tactic that should never occur without the presence of counsel is for the defendant to negotiate a plea agreement on his/her own. In other words, a defendant should also never agree to plead guilty to a lesser offense without the advice of counsel.
While, in some cases, agreeing to a lesser offense may be the best option, even for innocent defendants, an experienced criminal defense attorney will be in the best position to not only negotiate the best possible plea deal but to explain all the ramifications of an agreement to that plea deal to his/her client.
An attorney should be requested at the outset of any type of investigation, including arrest or questioning. In addition, the accused should make sure to restrict discussions about the case to communications with his/her attorney. Friends, relatives, and acquaintances can all be called to testify in court, but only if they have relevant information to share.
How Do You Defend Yourself Against False Accusations?
First, it is important to understand that cases involving false accusations should be not handled differently because the person is certain he/she is innocent. Competent criminal defense is just as necessary, and making plea bargains directly with prosecutors should be avoided. It may be tempting to accept a plea deal to avoid a trial and jail time, but there are still consequences to accepting responsibility for a criminal offense.
While it is true that it is difficult to prove one’s innocence against false accusations, it is not impossible. In cases, for example, where both parties are present at trial, unlike homicide, cases focus on the testimony of both parties involved. An experienced criminal trial attorney on your side will best be able to persuade the jury to believe your assertions. Specifically, your attorney should examine not only the evidence but the credibility of the witnesses, in their preparation for your defense.
Additionally, in all criminal trials, the prosecution must prove that the defendant committed the crime beyond a reasonable doubt. A skilled attorney will use all means at his/her disposal to combat this significant burden. In addition to that listed above, this would also involve a thorough discovery of all facts in an effort to dispute all the elements of the charged crime.
Another approach a criminal defense attorney can take to combat false allegations is to attack the legality of the underlying arrest. Police cannot arrest a person without probable cause, which requires police have a reasonable basis for believing a certain person committed a crime.
Being arrested for any of the following, on the other hand, would not satisfy the requirements of probable cause:
arrest based on age or race
arrest due to personal bias or dislike of a police officer
arrest due to high crime rates in the area
Hire a Lawyer to Defend Against Wrongful Accusations
Criminal accusations should not be tackled alone. And, when it comes to defending against false accusations, your best strategy is to hire an experienced criminal defense attorney who knows how to aggressively prove your innocence and protect your rights.
The Los Angeles Manshoory Law Group, APC will work to keep you involved in the legal proceedings and strive to find the best possible solution to your case. Attorneys are available 24/7. Contact us to schedule a consultation.
Watch any show on television about the criminal process, and it will quickly become apparent that the focus of any investigation and subsequent trial is the collection of evidence. In order to convict a person of a crime, the prosecution must produce evidence that demonstrates the accused committed the alleged act.
Evidence can take many forms, from a DNA test to a shoeprint to eyewitness testimony, but one thing that does not change is the State’s obligation to turn over its evidence to the defendant, so an adequate defense may be mounted. All criminal defendants have the right to know about the evidence that will be used against them, and the defense has a reciprocal obligation to provide the prosecution with its evidence as well.
This procedure is a central component of the discovery process and is a key element of the American legal system. One of the underlying purposes of this process is to ensure the criminal case is fair, and particularly, that a criminal defendant receives exculpatory evidence, i.e.evidence that proves one’s innocence. In fact, California prosecutors are bound by ethics rules that directly govern how they handle evidence.
A discussion of types of information the defense often receives during discovery, and the prosecutor’s specific duties regarding the disclosure of evidence will follow below.
What is the Criminal Discovery Process?
Generally, the discovery process is the gathering of information that a party will use to present their case at trial. There are two phases to this process – an informal and a formal phase, each of which occurs at different times during a criminal investigation and prosecution. Informal discovery occurs before charges are filed, and consists of the defense independently collecting information from the following sources:
witness interviews;
documents from government agencies, police, doctor, or other relevant entities; and
photos from the crime scene.
Once charges are filed and criminal prosecution initiated, the formal discovery process is triggered and entitles the defense to disclosures from the prosecution.
Examples of the types of information the defense receives include:
witness names, reports, and statements;
physical evidence, i.e., not what a witness or other person said, such as lab reports, audio/video recordings, and crime scene photos;
exculpatory evidence or information favorable to the defense;
felony convictions for potential witnesses that could be used to impeach (discredit) them at trial; and
relevant recorded or written statements.
California follows an open-file discovery model that obligates the State to give criminal defendants access to the prosecutor’s entire file, as well as a continuing duty to disclose new relevant evidence as it is discovered.
These rules are designed to make the process fair, but in practice, prosecutors are not always forthcoming, and a dedicated criminal defense attorney is essential in these situations to force the State to comply with the rules.
What Evidence Does the Prosecutor Have to Share With the Defense?
The failure to always turnover relevant evidence is illustrated in the special ethics rules issued to govern how prosecutors must conduct criminal cases, particularly when a prosecutor must provide evidence to the defense.
The rules specifically state prosecutors must:
timely disclose evidence the prosecutor knew or should have known would negate the defendant’s guilt, mitigate the sentence, or mitigate the offense;
promptly disclose new, credible, and material evidence that indicates the defendant did not commit the offense of which he/she was convicted to the court; additionally, the evidence must be provided to the defendant and an investigation initiated into the possibility of a wrongful conviction; and
seek to remedy a conviction the prosecutor has clear and convincing evidence a convicted defendant did not commit.
How Does the Discovery Process Help the Criminal Justice System?
Putting together a strong defense hinges on conducting discovery in an effective manner, and only experience will create this level of knowledge. Los Angeles’ Manshoory Law Group, APC knows how to assess and build a strong case that fights to fully protects your rights. Attorneys are available 24/7 to take your call. Contact us for a consultation.
Criminal charges, regardless of the circumstances, always bring negative attention to a person and puts them in an unflattering light among family and friends. However, certain allegations, particularly those that involve violence or forcing another person to engage in dangerous behavior, produce very strong and undesirable stigmas that often last, even if the charges are dropped or the individual acquitted.
A lot of focus among politicians and the public has emerged recently over the notion of violent versus non-violent crimes, as California seeks to reform its criminal justice system by reclassifying certain offenses from felonies to misdemeanors and allowing for the possibility of early release for others. Human trafficking is one offense that opponents of these measures often cite as an example of the risk the public faces from this approach.
However, criminal cases are rarely cut and dry, and even allegations as serious as human trafficking still have elements the government must prove to support a guilty verdict. A discussion of how the law in California defines human trafficking, and possible defenses to this charge, will follow below.
What Is Human Trafficking?
The crime of human trafficking is generally related to depriving another person of his/her liberty for the purpose of procuring forced labor or services, although it is more commonly associated with forcing a person to engage in acts of a sexual nature or the creation of child pornography.
Depriving another of his/her personal liberty requires substantial and sustained efforts to limit his/her movements and decision-making ability through:
fear or force
fraud or deceit
coercion
violence
duress (includes threatening or taking away an immigrant’s passport)
the threat of physical harm
Further, any forced labor or services, including sexual acts, do not necessarily need to be unpaid to fall under this offense – more accurately, the alleged victim must provide the labor or services because his/her will was overpowered. In addition, enticing or forcing a minor to engage in prostitution, child pornography, obscene live performance, or other specified crimes also trips this offense.
The penalties imposed on those convicted of a human trafficking offense are quite harsh and are always charged as felonies. The possible sentences range from five to twelve years in State prison and/or fines up to $500,000, as well as additional prison terms of up to 10 years if great bodily harm was inflicted on an alleged victim. Further, additional civil fines and penalties, including asset forfeiture, are also possible, depending upon the circumstances of the illegal acts.
What are the Possible Defenses of Human Trafficking Charges?
Given the serious consequences outlined above, having an experienced criminal defense attorney to fight these charges is essential to protecting one’s rights. While mounting a convincing argument against conviction can seem overwhelming, several options are available in human trafficking that may be effective.
First, an essential element of this charge requires the victim to be deprived of his/her liberty, and if that deprivation did not occur, either because the person was free to leave or he/she voluntarily participated in the labor or services, it would justify an acquittal.
Second, force must be involved in a human trafficking offense, and if the accused did not use force or never intended to receive a benefit from the labor or services provided, the State will not be able to prove human trafficking occurred.
Hire a Criminal Defense Attorney
The criminal justice system is stacked against criminal defendants, and if you are facing charges, having an experienced criminal defense attorney is the only effective way to limit the consequences.
The attorneys at the Manshoory Law Group, APC represent clients in the Los Angeles area in a variety of criminal matters and can help you challenge the State’s case. Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Religion has long been associated with accusations of violence and hatred, some of which are legitimate. The law views attack motivated by religious animus very seriously, and if a jury is convinced, can lead to significant consequences.
America is particularly sensitive to religious-based criminal offenses, given the broad freedoms individuals have in this country to practice their chosen belief system. Consequently, if a crime is connected with targeting a specific religion, the act may be labeled as a hate crime, which brings increased penalties.
A recent article in the Desert Sun discussed reports that criminal acts against Jewish communities rose 27 percent in California in 2017. In addition, there are separate offenses specifically related to acts against religious groups or their property. A discussion of how religion plays into the prosecution of criminal charges will follow below.
What is Hate Crime?
Hate crimes are not necessarily offenses in and of themselves. Instead, in many cases they serve to enhance the sentence a person may face if convicted of a crime, such as assault or harassment, where the commission of the crime is wholly or partially motivated by a perception that the victim has one of the following characteristics:
Disability;
Gender;
Nationality;
Race/ethnicity;
Religion; or
Sexual orientation.
Note that the addition of a hate crime classification to a criminal prosecution is possible even if the alleged victim did not possess the perceived characteristic.
To apply this additional punishment, a prosecutor would need to prove:
the defendant was biased against the alleged victim because of a perceived characteristic; and
that bias substantially motivated the commission of the crime; i.e., more than one motivation is permissible, as long as the primary mover was biased.
Usually, there is an underlying crime for which a person is convicted, with the hate crime enhancement only serving to subject him/her to a longer sentence.
However, a standalone hate crime offense also exists that prohibits:
interfering with the exercise of a person’s rights through intimidation, willful injury, or threats; or
knowingly damaging or destroying a person’s property to interfere with their rights.
Note that if convicted of the standalone offense, prosecutors cannot then apply sentencing enhancements, which can add two to four years to a prison term, as an additional measure of punishment.
Defending against hate crime charges usually takes one of three principal approaches:
attacking guilt of the underlying crime;
presenting evidence the crime was not motivated by bias; or
asserting that the act was protected free speech. Speech without an additional physical activity is commonly treated as protected speech, unless a defendant makes a threat against an individual with a recognized characteristic, and has the ability to carry it out.
What is an Offence Against Religion?
In addition to a hate crime related to character biases, California has several other laws that prohibit behavior that specifically targets religious groups, such as disturbing a religious meeting and vandalism of a religious site.
With the first offense, the tension between freedom of speech and the free exercise of religion is on display, with limits placed on permitted speech to protect religious worship.
To be found guilty of disturbing a religious meeting, a misdemeanor punishable by jail time and high fines, the prosecutor must show:
a disturbance which occurred at a place of worship during an assemblage;
the disturbance was accomplished through profanity, rude or indecent behavior, or unnecessary noise; and
the disturbance was intentional.
Vandalism of a religious site involves damaging, defacing, or destroying a place of worship, and while generally handled as a misdemeanor, it can be classified as a hate crime and elevated to a felony.
Hire a Criminal Defense Attorney
Being stigmatized as the perpetrator of a hate crime is a label that has significant consequences beyond the courtroom or penal system. Let Manshoory Law Group, APC fight to avoid this situation by allowing them to represent you in your criminal case.
Their dedicated and experienced approach can produce the best results, so you can move on with your life. Attorneys are available 24/7 to take your call.Contact the Los Angeles law firm for a free consultation.
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.
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