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Contacting the police, even under the best of circumstances, can be a stressful experience, and if a person has negative associations with law enforcement, a greater reluctance to reach out may exist. Minorities may especially have reason to hold back on contacting law enforcement given the greater scrutiny they receive from police, and the fact they represent the majority of those incarcerated.
Having a criminal defense attorney present during interactions with police could alleviate some of the concern, but that option is not always practical. Consequently, even when it might seem rational to call for police assistance, fears that officers will assume the caller is involved with a crime can cause a person to do nothing.
A recent news story reported across the country about a group of teenagers who watched a man drown without intervening or calling for help raises the question of when a person is required to act. If, for instance, a crime is being committed, is a bystander or witness required to call law enforcement, and if he/she does not, is this failure to act a crime on its own?
A discussion of whether it is a crime to not report criminal activity, and what is considered aiding in the commission of a crime in California, will follow below.
Is it Illegal to Not Report a Crime?
In order to protect children from violence, California imposes a limited duty to report acts of murder or rape against a minor aged 14 years or younger to law enforcement officials. Failure to report such a crime is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,500, or both.
However, this duty does not apply to:
a person related to the victim, including parents, siblings, child or spouse;
situations where the failure to report was due to a mistake of fact, i.e., did not realize he/she was witnessing a crime; and
circumstances in which the failure to report was due to reasonable fears for one’s own safety or family’s safety.
Additionally, notifications or attempts to notify via telephone are enough to satisfy the requirement. So, even if the attempt failed, that is enough to meet the requirements of the law and can be used as a defense if charged with failing to report.
What do Aiding and Abetting Mean in Legal Terms?
To be charged with aiding and abetting a crime, a person has to do more than just witness a criminal act. He/she must be involved in facilitating, encouraging, or committing the crime. A person accused of such acts faces the same penalties as the individual prosecutors believe performed the crime, but it is not an offense in and of itself.
Rather, the law gives prosecutors the right to charge anyone they believe was involved with a crime, but did not participate in the commission of the crime itself. Common examples of aiding and abetting include harboring someone suspected of a crime or serving as a lookout or getaway driver. Just knowing about or being present during a crime is not enough. There must be some evidence of voluntary involvement.
Specifically, a prosecutor must show the defendant:
knew about the illegal plan;
intentionally encouraged or facilitated the plan; and
aided, promoted or instigated the crime.
Examples of common defenses to this charge include:
the defendant did not encourage, aid, or facilitate the crime;
the defendant was falsely accused;
the defendant withdrew from the crime; or
the defendant knew about the crime or was present at the scene, but did not have a duty to prevent or report it.
Contact Manshoory Law Today If You Are Arrested For Failing To Report A Crime
Being accused of a crime is one of the worst situations you can face, and to give yourself the best chance of having the charges dismissed or reduced, you need an experienced criminal defense attorney by your side.
Los Angeles’ Manshoory Law Group, APC understands how overwhelming this situation is, and handles criminal defense for both minor and serious crimes. Attorneys are available 24/7 to take your call, and advise you on your options. Contact us for a free consultation.
What Does it Mean to Seal and Destroy Arrest Records?
No one is immune from making a mistake, and this is especially true when a person is young and trying to figure out who they are and where they fit in the world. Many people probably assume that if they entered the juvenile system as a minor, these records would be sealed and/or destroyed upon becoming an adult.
Similarly, when someone is wrongly arrested for a crime that never leads to a prosecution or conviction, it seems logical to assume these records would not be kept, but in both instances, these beliefs are wrong. In order to seal and destroy any record, a petition must be filed in court, and a judge decides whether to grant or deny the request.
Getting this information off a person’s record is critical to securing employment and avoiding discrimination from lenders, landlords, and state agencies. This process is not necessarily easy but is worth the effort so that a person can truthfully answer he/she has no arrest or criminal record when asked.
An overview of who is eligible to request records be sealed and destroyed, and a description of the process, will follow below.
How to Seal and Destroy a Juvenile Arrest Record?
First, it should be noted that juvenile records include far more than police reports generated during an arrest. In fact, they can include any document created in connection with any criminal activity a person engaged in as a minor. Consequently, juvenile records can consist of arrest reports, court findings and orders, exhibits used at hearings, and probation reports.
Once a court seals these records, it is as if they never existed. However, they can be temporarily reopened for the purposes of defamation lawsuits and for the DMV to allow auto insurance adjustors to inspect records to evaluate insurance eligibility and risk.
In order to be eligible to petition for the sealing of juvenile records, the following must be true:
the person is at least 18 or the jurisdiction of the juvenile court expired five or more years ago, whichever occurs first;
the person has no conviction as an adult for a crime involving “moral turpitude,” which refers to offenses based on dishonest or immoral behavior. Examples include theft, fraud, and some sex offenses;
the court believes the person is rehabilitated; and
there is no pending civil litigation connected to the juvenile incidents.
Once the petition is filed, the court will set a hearing date where a judge will decide whether to grant the request or deny it. If the petition is granted, the court will notify any agencies holding records or with access to records to seal them.
How to Seal and Destroy Adult Arrest Records?
The ability to request sealing and destroying adult arrest records hinges on whether the petitioner was convicted of a crime. Thus, to be eligible for this relief, the case must involve one of the following circumstances:
an arrest, but no charges are filed;
a dismissal of the case; or
an acquittal by a jury.
In addition, these petitions are generally allowed up to two years after the date of arrest or the filing of charges, whichever occurs later. Note that these petitions only apply to a particular arrest and not a person’s entire criminal record.
The process to contest and seal an adult arrest can be a two-step process that depends on the circumstances of the case.
If a person was arrested but no charges were filed, he/she must first petition the arresting law enforcement agency.
If the police are convinced the person is factually innocent, they will seal the record for three years, and then destroy it.
If the police deny the request or fail to respond within 60 days, the person moves on to step two.
The second step requires filing a petition with the court, and if the judge believes the person is factually innocent, the petition will be granted. Note that this is the only step open to those with cases where the charges were dismissed or a jury acquitted them.
Factual innocence means the evidence exonerates the person, not just introduces doubt about guilt.
Being pulled over by police and detained for suspicion of DUI is a stressful and disturbing situation. Often, police will shine bright lights in drivers’ faces seeking to disorient them, making it harder for the driver to think and formulate a reasoned response to questioning.
Further, the agility and attention tests officers administer to assess for signs of impairment can be difficult for anyone to pass, intoxicated or sober, and studies have shown them to be unreliable. But, the real concern most people have when facing DUI charges focuses on repercussions: what will this cost me and what other possible penalties will I face?
When assessing the long- and short-term costs and consequences of a DUI charge, it is important to consider some less obvious sources of additional expenses and legal matters that can complicate what seems like a straightforward process. Understanding the full spectrum of possible penalties this charge brings can help individuals accused of this offense make more informed choices about how to respond to these charges.
How Much is a First-Time DUI in California?
Even for first-time offenders, California imposes fairly tough penalties on those who plead or are found guilty by a jury or bench trial. Judges can sentence offenders to up to six months in the county jail and three to five years of summary or informal probation.
While most people envision probation as a supervised process involving regular meetings with a probation officer, summary probation does not require such meetings or check-ins with the probation department, as it is used for those not considered a danger to the community.
However, courts often mandate progress meetings to ensure the sentence conditions set by the judge are being followed. Note that receiving summary probation does not mean the judge cannot also sentence the offender to jail time.
Fines can range from $390 to $1,000, and with separate automatic assessments enforced by each jurisdiction, that number typically climbs to $1,500 to $2,000 by the time a sentence is completed. In addition, completion of a three- or nine-month drug treatment program may be assigned. The length of program depends on the blood alcohol measurement taken at the time of the arrest.
These programs are not free, and the fees range from hundreds to thousands of dollars depending on the duration. Of all the penalties given for DUI offenses, the one with the most far-reaching consequences is theautomatic suspension of the individual’s driver’s license for six months.
This suspension is disruptive for both the person facing the DUI charge and his/her family. While it is possible to petition for a restricted license, which permits driving to and from work and to DUI school that goes into effect after 30 days, there is another option.
The automatic suspension can be postponed by making a request to the DMV for an administrative hearing. At the hearing, it is possible to avoid the license suspension completely, which is where representation by an experienced criminal defense attorney is key. If an attorney represents a DUI client at the DMV hearing, it is much more likely the license suspension could be set aside.
How Much Does a DUI Cost for Ignition Interlock Devices?
It is important to note that a license suspension is automatically increased to one year if the accused refuses to take a chemical test when stopped by police on suspicion of DUI. Individuals charged with DUI could also face the installation of an interlock device that functions similar to a breathalyzer and requires the driver to blow into it before the car will start.
If alcohol is detected by the device, the ignition remains locked. These devices are part of the standard sentence imposed on offenders in Los Angeles County, and also may be required if the driver has a blood-alcohol level above 0.15%, previous moving violations, or the chemical test was refused.
There is a charge to rent these devices, so that is another cost that should be factored into the overall consequence of a DUI conviction.
When Do You Need a Lawyer for a DUI/DWI Charge?
Given the wide range of penalties a judge can sentence a defendant, it is important to secure representation from a criminal defense attorney as soon after an arrest for DUI as possible.
The earlier in the process a Los Angeles DUI lawyer is brought in to defend you, the better the chance they have of securing the best evidence and mounting the most effective defense. The Los Angeles Manshoory Law Group, APC understands the serious effects of a DUI conviction and will fight to get you the best possible results.
A person does not have to search too hard to find examples of individuals spending years in prison because of a false identification or coerced confession. This harsh reality underscores the need to hire an experienced criminal defense attorney at the outset of any criminal investigation or case so important details are not missed and potentially exonerating evidence lost. The State of California and the city of Los Angeles recently paid a man a combined $18.4 million for the 34 years he spent in prison for murder because the prosecution failed to turn over evidence that could have exonerated him. In many of these wrongful conviction cases, DNA evidence, a form of forensic evidence, is used to prove their innocence. Forensic evidence is also frequently used by the prosecution in criminal trials to connect the defendant to the alleged offense, and can range from fingerprint identification to bullet fragment analysis. Many people, judges included, assume this type of evidence is always accurate because it is presented as solidly scientific, but the validity of forensic evidence has come under attack in recent years. Consequently, if police tell a suspect they have forensic evidence against him/her, the person should not automatically give up and assume a conviction is a foregone conclusion. Challenging the validity of forensic evidence in criminal trials will be explored below.
DNA
DNA is often hailed as the benchmark of forensic science, and in fact, it is the most reliable type of forensic evidence in use. However, even this type of forensic evidence is not always accurate because it is easy to mishandle the sample and skew the results. There are generally two phases in a criminal investigation during which the failure to follow the proper procedure could threaten the accuracy of DNA results – collection and testing. DNA analysis is a delicate procedure, and the material used to test for DNA must be protected from exposure to contamination from other people at the point of collection and at the lab, though contamination can happen at other points as well. Further, samples can be switched or mixed with others, which also invalidates the results. Protocols are in place that regulate how DNA samples used in criminal cases must be handled, and violations of these rules can lead to the exclusion of DNA results as evidence if the lab’s findings would be too unreliable.
Fingerprints
Fingerprints were one of the first techniques developed by law enforcement to help identify suspects, but studies have shown that identifications of unknown prints are highly prone to error. Additionally, fingerprint collection has similar dangers of mishandling during collection or cataloguing as DNA evidence. Specifically, errors can occur in the collection process if the prints are lifted improperly, leading to contamination with other prints by law enforcement. Further, problems can arise during the identification process due to lax protocols or poorly-trained examiners. An experienced criminal defense attorney will be able to identify these issues, and effectively use them to defend the innocence of his/her client.
Ballistics/Gunshot Residue
Finally, if an alleged crime involves the use of a gun, an expert is likely to appear at trial to testify about the link of bullets found at the crime scene with a particular gun and the presence of gunshot residue. Having residue on one’s clothes does not mean the accused was the shooter. Further, the association of bullets to a specific gun, through marks imprinted on a bullet as it leaves the firing chamber, is also subject to false positives, and does not definitively establish who fired it. The defense can use its own independent lab to test this evidence to ensure the mere presence of a gun does not lead to a conviction if science cannot back it up.
Hire a Criminal Defense Attorney
Being charged with a crime is an overwhelming situation, but if you hire the right criminal defense attorney, the criminal justice system can suddenly seem much less daunting. Los Angeles’ Manshoory Law Group, APC handles all criminal charges with the utmost seriousness and close attention to detail to help clients get the best possible outcome. Attorneys are available 24/7 to take your call. Contact us now for a free consultation.
As technology changes and advances the way people interact in the world, questions that seem rather straightforward now may not be so clear in twenty years. Take the intersection between self-driving cars and DUI cases.Almost since the invention of the car in 1886, the world has viewed this mode of transportation as a source of freedom and excitement.
The automobile truly changed how often and how far a person could range beyond the few miles surrounding the place of his/her birth. This technology is firmly and intimately connected with almost everything a person does and is now facing the next evolution of its existence with the self-driving car. The purported goals of these cars are to reduce traffic, eliminate accidents, and lessen the likelihood that a person will experience road rage, but like all new technology, there are bound to be bumps along the way.
The self-driving market experienced a big bump a few weeks ago when a driver was killed in an accident while his Tesla Model S vehicle was in autopilot mode. The car company noted that the driver is supposed to keep their hands on the steering wheel at all times and only use the autopilot as an assist.
However, other self-driving car manufacturers are constructing vehicles that are entirely hands-free. Does this mean at some point it will no longer be possible to be arrested for DUI? A discussion of this possibility will follow below.
Who is Actually Driving the Self-Driving Car?
One of the first questions that need to be answered in this scenario is who is actually driving the car? Is it the driver, or the software system? As noted above, Tesla stated that the driver is still ultimately responsible for the movements of the vehicle, but other self-driving vehicles, like the one currently being tested by Google, are designed to be completely hands-free but still include a steering wheel and brake pedals.
The inclusion of these critical mechanisms of control suggests that the human is always the ultimate decider, which makes it more likely that anyone riding in the driver’s seat of a self-driving car would still be held in violation of the law if he/she is intoxicated.
What are California DUI Requirements for Self-Driving Cars?
In order to convict a person for DUI, the state must prove the defendant was intoxicated and driving the car at the time of the police stop. The legal standard the state must show to establish the defendant was the one driving the vehicle is higher in California than in other states.
While California law does not include a definition of the word “driving,” it does define the word “driver” to mean “a person who drives or is in actual physical control of a vehicle.” The courts have also clarified this definition to mean that driving requires any deliberate movement of a vehicle, no matter how slight.
Thus, in the context of a self-driving vehicle, any act by the person alleged to be intoxicated that caused the car to move, even if it was just to activate the software that directs the car to go from point a to point b, will likely be enough to, at a minimum, hold and arrest the person for DUI.
Have You Been Charged with a DUI in Los Angeles?
If you were arrested and/or are facing charges for a DUI, enlisting the legal services of a DUI defense lawyer could mean the difference between having the charges dismissed or a reduced sentence and receiving the maximum available penalty.
The criminal defense attorneys at the Los Angeles law firm of Manshoory Law Group, APC will fight to limit the charges against you and help you get your license back. Call our office for a free consultation.
What To Do When Encountering Questions from Law Enforcement?
The stated purpose of establishing a police department is to investigate, solve and deter the commission of a crime. While the reality may not always match the ideal, a big part of police work is questioning victims, witnesses, and suspects of crime. Talking to the police is not an experience most people enjoy, and if the conversation is related to involvement in the commission of a crime, saying anything is ill-advised.
Anytime a person is associated with criminal activity, a criminal defense attorney should be consulted to ensure the law is followed and rights are not violated. Even being questioned as a source of information can be an overwhelming experience, and would still make most people cautious about offering information.
Understanding one’s obligation to participate in police questioning is important for exercising one’s legal rights, and avoiding false implications in a crime, especially if police are looking to elicit specific information. It is no secret that police have coerced and pressured individuals for the information they want, which can be difficult to withstand, and even children have been subject to this type of unfair treatment.
Lawmakers are attempting to fix this situation for children through the consideration of a bill that would require minors to be permitted to consult with an attorney before waiving any constitutional rights.
Knowing when and how to respond to police questions is an issue relevant to everyone, and a discussion on how to best handle this situation will be explored below.
What Are Your Rights When the Police Questioning You?
First, no one is legally required to participate in police questioning, and police cannot hold a person for questioning if no arrest is made. Further, police are required to inform the individual that staying for questioning is voluntary and he/she is free to leave at any point.
However, if no arrest is anticipated, police are not required to read a person his/her Miranda Rights, which are rights extended to all criminal suspects under the U.S. Constitution. The risk of not remaining cognizant of these rights during any interaction with police is a self-incriminating statement that could be made that arouses police suspicion.
These rights include:
the right to remain silent;
the right to refrain from making self-incriminating statements; and
the right to the appointment and/or presence of an attorney.
A person always has the ability to say no to questioning, whether a suspect or not, though police are likely to continue until one of the rights listed above is specifically invoked.
When Must You Answer a Police Officer’s Question?
Generally, a person is always required to identify him/herself if asked, and to provide requested documents during a traffic stop. Further, while questions do not have to be answered, commands or orders typically have to be followed.
Can You Refuse to Answer Police Questions?
If the police make a request for voluntary questioning at the police station, it is not advisable to participate in this conversation without first obtaining legal counsel. Thus, instead of proceeding directly to the station, an appointment should be made so there is at least an opportunity to consult an attorney, but having an attorney present during any questioning is the better option.
Not only can an attorney protect one’s rights, he/she can also assess the nature of the questioning and whether a person has reason to worry about forthcoming criminal charges.
Our Los Angeles Attorneys Can Help You
Being questioned by police in any context can be overwhelming, but having an experienced criminal defense attorney by your side greatly reduces the likelihood the interaction will support criminal charges being brought against you.
The Los Angeles law firm Manshoory Law Group, APC educates their clients about to combat the charges against them, and continuously fights to get the best possible result. Attorneys are available 24/7 to take your call. Contact us for a free consultation.
Controlling one’s emotions is one of the hardest aspects of being human, especially the strong emotions of anger and jealousy. At some point, almost everyone loses their temper and says or does something they later regret. Most of the time these momentary lapses in judgment do have serious consequences, but sometimes, criminal charges may result.
Anytime criminal charges are possible, a criminal defense attorney should be the first point of contact to address this serious situation.Not every threat will subject a person to potential criminal prosecution, but it is important to understand where the lines are legally drawn.
This offense, known as a criminal threat under California penal law, may appear to be easily understood and thus avoided, but the California Supreme Court recently issued a decision about the applicability of criminal threat charges to nonverbal behavior, which shows that even seemingly simple crimes have nuances that control when someone may be found guilty.
A discussion on what a criminal threat is, the impact of the Supreme Court’s recent decision, and some defenses available to combat this charge will follow below.
What is a Criminal Threat?
The U.S. Constitution grants all citizens the right to free speech, so the government cannot arbitrarily restrict what someone is allowed to say. However, some limitations are permitted if the speech involves statements that can lead to harm to another.
In the case of criminal threats, California law says it is a crime to:
intentionally threaten to kill or seriously harm another person, in which:
the statement, which can be communicated verbally, in writing, or electronically, was meant to be understood as a threat;
the statement was so “unequivocal, unconditional, immediate and specific,” it suggested the immediate ability to carry it out; and
the person threatened reasonably feared for his/her safety or the safety of his/her family.
All of these factors, or elements in legal terms, must be proven by the prosecution in order to convict a person of this offense.
Supreme Court Decision
Looking at the elements, the method of communication required to qualify as a criminal threat seems clear – spoken, written, or electronic. However, prosecutors recently decided to charge a man with this offense solely based on hand gestures.
Specifically, the man charged was supposed to have made the hand sign of a particular gang, followed by the shape of a gun, which was then pointed at an off-duty police officer and his friends. The court said the law, based on the plain language of the statute, does not include nonverbal hand gestures under its prohibitions. As a result, the court dismissed the five charges of criminal threat filed against the defendant.
How to Beat a Criminal Threats Charge?
As noted above, the prosecution must prove the above elements before a defendant can be found guilty of making a criminal threat. One way to prevent that from happening is to argue that one or more of the factors are not present in the case.
These arguments are legal defenses to this charge, and some examples include:
there was no immediate threat because the statement was too vague as to when the threat would be carried out;
the alleged victim was not afraid because it was taken as a joke, or the person did not believe it could be carried out;
the victim’s fear was unreasonable; or
the victim’s fear was momentary, and it did not cause prolonged concern.
Presenting legal defenses is a critical aspect of any criminal defense case, and is one of the primary reasons someone facing criminal charges needs to seek an experienced criminal defense attorney.
Hire a Criminal Defense Attorney
No matter the charge, you need a criminal defense attorney committed to defending your rights and getting the best possible result. A criminal justice system is a complex place that calls for an experienced attorney to advocate for your interests.
Los Angeles’ Manshoory Law Group, APC knows what it takes to build a strong defense, and has attorneys available 24/7 to take your call. Contact us for a free consultation.
What are the Recreational Marijuana Laws in California?
Drug laws are changing at home and around the country. California recently joined the ranks of states that have decriminalized the recreational use of marijuana, as voters passed a measure making this change last year. The growing shift away from the perception of marijuana as a dangerous drug began with the legalization of the drug in California for medicinal uses in 1996, the first state in the country to do so.
While states may be willing to declassify marijuana as an illegal substance, the federal government has not, and as more states relax laws on the use, possession, and production of marijuana, the new White House administration has responded by stating that they plan to start cracking down on marijuana growers.
California currently regulates and licenses marijuana growers as part of its medicinal program, and is in process of expanding this system to growers of marijuana for recreational use.The licensing scheme is intended to keep the marijuana supply safe and untainted. With worries the federal government plans to target these individuals as part of its drug enforcement policy, state lawmakers have proposed a bill that would block state law enforcement from cooperating with federal agents in investigations of cannabis growers.
Given that anyone could be arrested, charged, and convicted under federal law for marijuana-related activity, understanding when these California cannabis laws apply is important as the general use of this drug expands throughout the state.
Federal Marijuana Drug Offenses
Marijuana is regulated by the federal government under the Controlled Substances Act, which classifies it as a Schedule I substance. This means marijuana is considered highly addictive and without medical value. As a result, the possession, distribution, and cultivation of the drug are illegal, though federal agents generally only target individuals dealing in large quantities.
However, there is no minimum amount a person must possess to trip the law, so even the smallest amount could expose someone convicted of a misdemeanor offense that can bring up to a year in jail and $1,000 in fines for the first offense. Subsequent convictions for possession come with mandatory jail time that can be extended to multiple-year sentences in state prison.
Thus, charges for simple possession must be taken seriously, and require the services of an experienced criminal defense attorney. In addition, punishment for distribution is especially severe under federal law. In cases involving the sale of less than 50 kilograms, which constitutes the vast majority of prosecutions, defendants could receive prison sentences of up to five years and a $250,000 fine.
Sales to minors or within 1,000 feet of a school, public housing, or playground automatically double the applicable sentence.
Proposed Bill to Prevent Law Enforcement Cooperation
Lawmakers have a bill pending in the state assembly that would prohibit state and local agencies from using resources, funds, or personnel to assist federal agencies with investigating, detaining, reporting, or arresting anyone related to any marijuana activity. The only exception to this prohibition is if there is a court order requesting assistance, but given the time and expense it would take to get official authorization, these exceptions would occur rarely.
In addition, the bill would prohibit state officials from responding to federal requests for personal information on individuals with state-issued licenses. Lawmakers see this measure as a way to support voter wishes and conserve state funds in anticipation of the federal government withdrawing monetary support from places that do not support its policies.
Hire a Criminal Defense Attorney
No criminal charge should be taken lightly, but drug offenses are routinely subject to harsh penalties that require a more vigorous effort in response. The Los Angeles law firm Manshoory Law Group, APC understands the seriousness of a drug charge and will fight to get you the best possible result.
Attorneys are available 24/7 to take your call. Contact the office for a free consultation.
When a police officer files a report about an alleged criminal incident, it carries a lot of weight with prosecutors, and significantly increases the chances that charges will be filed against the named individuals. If there are any possible criminal charges that will be filed, a person should hire a criminal defense attorney as soon as possible.
The veracity of the allegations in police reports is rarely questioned, which understandably creates the feeling that challenging the police officer’s statement is nearly impossible. However, a recent news story out of central California, about a man arrested on narcotics and weapons charges, demonstrates that police reports can be contested and that California law has a procedure in place to do so.
The existence of such a procedure to challenge police reports reflects the state’s recognition that police are not always right. Given that false police reports can lead to an innocent person going to jail or prison, understanding when and how to challenge one is important information to know. A discussion of several approaches for contesting the contents of a police report will follow below.
Investigation and Cross-Examination at Trial
A police officer’s report is often one of the foundational aspects of the State’s case in criminal prosecution. Thus, exposing the contents as false can completely undermine the prosecutor’s efforts.
Experienced criminal defense attorneys will know that if the possibility exists a police officer filed a false report, a private investigator should be hired to uncover evidence of the report’s false claims. Once confirmation of the report’s false claims is found, this information can be used to convince the prosecutor to drop the case.
In addition, the legitimacy of a police report can be challenged within the trial itself. A standard aspect of most criminal trials involves the investigating or arresting police officer testifying about his/her knowledge of the case.
Skilled criminal defense attorneys will know how to effectively question the officer to elicit testimony that contradicts or conflicts with what is written in the police report.This type of attack will throw a lot of doubt onto the State’s case, and make it unlikely they can prove guilt.
How Can I File a Complaint?
Another way to create uncertainty in the prosecution’s case is to file a complaint against the police officer with the police department. Few accused of a crime would go the trouble to file a complaint if there was no real basis for challenging the officer’s report.
If the department sees enough merit to take the complaint seriously, the complaint can be used as leverage to convince the prosecutor to reduce the charges or drop the case.Alternatively, if the case makes it to trial, claims by the defense that the officer lied in the report are likely to be given more weight by the jury if a complaint was filed as well.
How to Request Petition to See Personnel Records?
In addition, California allows defendants to request access to a police officer’s personnel records, called a Pitchess Motion, to see if other people reported similar misconduct by filing false reports. This information can be used by the defense to show a pattern of providing false information by an officer and to gather a list of potential witnesses to call at trial that can testify about the past misconduct.
Basically, this request is made when there is a belief that the officer’s wrongful actions had a significant impact on the charges filed against a person, and personnel records can provide evidence there is a history of bad behavior. Depending on what the review of the personnel file turns up, this evidence could be used to suppress evidence or dismiss the charges.
Hire a Criminal Defense Attorney to Dispute a Police Report
Criminal charges should never be taken lightly. If you expect to be or have been charged with a crime, you need an experienced criminal defense attorney on your side to challenge the prosecutor’s case.
The Los Angeles law firm Manshoory Law Group, APC works to get the best possible results for all their clients and has attorneys available 24/7 to help you. Contact us for a free consultation.
Reports of sex crimes are filed with police every day, and each individual accused of such a crime is entitled to representation by a criminal defense attorney. Generally, though, sex between two consenting adults should be a private act that is free from regulation by the government. However, the State feels there is a greater interest involved when one partner fails to disclose to the other that he/she is positive for the human immunodeficiency virus (HIV).
Because infection with HIV brings the possibility of early death, the government believes that withholding this information from a potential partner unfairly exposes them to this serious condition without permission. There is still a significant stigma associated with HIV that goes back to the early days of its discovery in the 1980s, which makes those that suspect or know they carry this virus understandably reluctant to discuss it with others.
Some lawmakers in the state legislature want to remove some of the negativity linked with HIV by reducing several HIV-based criminal offenses from felonies to misdemeanors in hopes of encouraging more people to get tested and seek treatment. In addition to HIV, knowingly exposing a sexual partner to other sexually transmitted diseases (STDs) is also a criminal offense. Understanding how the government treats this issue is important for both past and future sexual encounters.
A discussion of the criminal laws related to exposing others to STDs and HIV, as well as the proposed legislation, will follow below.
Current Law on HIV/STD Exposure
Under California Health and Safety laws, it is a misdemeanor for someone carrying any “contagious, infectious or communicable disease,”which includes commonly-known STDs, to intentionally expose him/herself to the public. HIV, on the other hand, is treated much more harshly.
Knowingly exposing a sexual partner to infection with HIV without their knowledge and with the intent to infect is charged as a felony, and brings potential sentences of three, five, or eight years in State prison. Importantly, knowing one is HIV positive is not enough to convict a person of this offense if the intent to infect another person is not also proven.
Common defenses to this charge are the person did not know they were HIV positive when he/she engaged in the sexual intercourse or that the accused lacked the intent to infect the other person.
Proposed HIV Legislation
The proposed legislation would reduce the offense of intentionally exposing another to infection with HIV to a misdemeanor punishable by no more than six months in county jail. The bill specifically amends the law so that the intentional transmission of an infectious or communicable disease falls under one provision and eliminates the separate felony offense for HIV transmission completely.
In particular, a person would be guilty of this misdemeanor offense if all of the following are true:
the defendant knows they are infected with a communicable disease;
the defendant acts with the intent to spread it to another person; and
the other party is infected with the disease.
Noteworthy is the fact that not knowing about the possible exposure to a communicable disease prior to sexual interaction does not automatically make it involuntary, and an intent to spread the disease does not exist if the defendant took steps to prevent it, i.e., wearing a condom.
Hire a Criminal Defense Attorney
Being charged with a sex-related crime can ruin your life, so aggressively combating these accusations from the beginning is essential. Manshoory Law Group, APC is committed to vigorously defending clients against these charges to mitigate the devastating consequences.
If you are facing a sex crime and live in the Los Angeles area, contact the Manshoory Law Group right away to start taking control of this serious situation. Attorneys are available 24/7, and offer free consultations in all cases.
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