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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.
The mere possession of a gun is not normally a crime, assuming the owner meets State requirements for registration and observes other regulations. However, the potential for criminal charges does become an issue if another person is accidentally shot and killed.
Anytime criminal charges are a possibility, a criminal defense attorney should be contacted as soon as possible to ensure the gun owner’s rights are protected. While it may seem that if the shooting was unintended, no criminal charges should follow, the reality is not that simple.
California is known for its harsh gun laws, and even if the gun was discharged but no one was injured, criminal charges are still possible. An overview of the criminal charges someone could face for the accidental discharge or death of another by a gun, as well as defenses to these offenses, will follow below.
What Happens if You Accidentally Shoot and Injure Someone?
If someone is unintentionally killed through an accidental shooting, California criminal law says that he/she could be charged and convicted of involuntary manslaughter.
Involuntary manslaughter is applicable to unintentional killings that come about through:
Committing a felony crime that is not considered inherently dangerous; or
Committing a lawful act that could result in death if appropriate caution is not used.
The death of an individual following an accidental shooting would most likely fall under the second circumstance noted above. For example, assume a person wants to celebrate the Fourth of July by waving a gun around at a neighborhood barbeque, and honestly believes the gun was unloaded.
If the gun fires and kills someone, a State prosecutor could look to involuntary manslaughter as a possible charge for the accidental death. Involuntary manslaughter is a felony and brings a sentence of two to four years in jail and a fine of up to $10,000.
Given the seriousness of this charge, asserting all possible legal defenses is critical. Some options available to a criminal defense attorney include:
The killing was an accident that was not the result of criminal activity or reckless conduct;
Insufficient evidence exists to prove guilt; or
The charges are based on false accusations.
California Negligent Discharge of a Firearm Laws and Penalties
Under a different scenario, one in which a gun owner decides to intentionally fire a gun but no one is injured or killed, criminal charges are still possible as the negligent discharge of a firearm. California criminalizes intentionally discharging a gun, including BB guns, in a reckless (negligent) manner that could result in the injury or death of another person.
One issue that could prove difficult for the prosecution is showing the accused was “grossly negligent” in his/her use of the firearm. This element requires the prosecution to show the defendant did something beyond using bad judgment or regular carelessness. Instead, the State must prove the defendant acted recklessly, and an ordinary person would have recognized the inherent risk with such an act.
This charge is a wobbler offense and can be charged as a misdemeanor or felony. Thus, while it may seem minor, the potential penalties are not. Misdemeanor convictions can bring up to a year in jail, and felony convictions can result in jail sentences of 16 months or two to three years.
A few legal defenses that would apply in this situation include:
Self-defense;
The accused believed the gun was unloaded; or
An actual danger of death or injury existed.
Hire a Criminal Defense Attorney
Both charges pose serious consequences for those convicted, but there are many nuances to the law that complicate the cut-and-dry argument the State often makes in favor of conviction. An experienced criminal defense attorney will know how to poke holes in the prosecution’s case and reduce the likelihood of conviction.
Los Angeles’ Manshoory Law Group, APC can offer you the detailed and aggressive approach you need to get the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
No matter where a person goes, there is always the possibility of being accused of committing a criminal offense, even if the likelihood is very small, and social media is no exception. Regardless of the forum, though, if a criminal accusation is made, a criminal defense attorney should be contacted immediately to ensure the ensuing criminal process is conducted fairly6 and promptly.
Especially as it concerns social media, people rarely think about this possibility as they go about their daily lives. This lack of awareness is due in part to the pervasiveness of social media in the lives of millions of Americans. People use it to check up on friends and family, read the news, organize events, vet potential new hires, and even earn a living. In many ways, it is now harder to stay off social media than to join its ranks.
This method of communicating and absorbing information is so ingrained in society, that the line between what is permissible, and what is not, is not always easily discernible. Given how much people rely on social media, understanding which actions on these forums could be considered criminal is important to everyone. To that end, a discussion on crime and social media will follow below.
What are Online Threats and Harassment?
Responding to online postings negatively or making controversial statements is an everyday occurrence on social media. In fact, it seems people do not feel the need to censor themselves online as they would in a face-to-face confrontation. This tendency to overlook the wisdom of considering the ramifications of a statement before posting opens a person up to allegations of committing a crime.
In California, it is illegal to make threatening statements that put another person in fear for his/her life.This offense is referred to as ‘criminal threat,’ and is an issue anytime a person makes a statement threatening harm or death. The threat must be specific and definite and put the other person in reasonable fear for their safety.
Conveying a threat via text or another form of electronic communication is within the definition of the crime. Importantly, the person issuing the statement does not need to have the ability to carry it out, which is particularly relevant to statements appearing online. This offense is classified as a wobbler under California, so it can be charged as a misdemeanor or felony.
Hacking/Unauthorized Access Laws and Punishments
Most people have heard of hacking and have some idea that it involves unauthorized access to computers, but most also assume that it is primarily limited to sophisticated overseas operations seeking to steal a person’s identity.
However, acts that potentially trip the law against the unauthorized access of a computer and its data do not need to be that refined. California criminalizes the intentional access of a computer without permission to take, copy or use its data. This means that accessing a friend’s social media and posting an embarrassing message may be forgivable, but also may qualify as a crime. This offense is also a wobbler, and subject to fines up to $10,000 and/or three years in county jail.
Online Transactions
Finally, finding buyers for unwanted items is one of the most convenient aspects of social media, and the vast majority of transactions conducted in this manner are well within the bounds of the law. Problems arise, though, when regulated items, such as firearms, are sold by an owner to another private citizen. The sale of firearms must be done through a licensed dealer, and sales between private individuals could lead to criminal charges.
However, various exceptions apply to the licensed dealer requirement, so a criminal defense attorney should be consulted if there is an issue. Unlike the other offenses mentioned, this offense is only chargeable as a misdemeanor, and brings fines up to $1,000 and/or six months in county jail.
Hire a Criminal Defense Attorney
Facing criminal charges is a serious and overwhelming situation that is best handled by an experienced criminal defense attorney. The attorneys at the Manshoory Law Group, APC in Los Angeles are ready to help you understand and navigate the criminal process.
They offer clients creative and aggressive defenses to obtain the best possible results. Attorneys are available 24/7. Contact us today for a free consultation.
The jury trial is a core component of the American judicial system, particularly as it applies to determining guilt or innocence in criminal trials. Having a group of peers, instead of a judge sitting in a position of authority, decide the final outcome lends the process a bit more fairness. However, delving into the criminal process should not be attempted without representation from an experienced criminal defense attorney.
Judges, lawyers, and juries make up key aspects of the trial process, but the focus is rarely on the function of a jury. People generally know that juries declare whether a defendant is guilty or not, but may not know about the rules that govern their service, including how they review evidence, or how each individual is selected.
Given the vital role, juries play in the criminal process, an overview of the selection process and purpose of the jury in criminal trials will follow below.
How Does Jury Selection Work in California?
Anyone accused of a crime is entitled to a trial by jury, and as a consequence, when the accused walks into the courtroom on the first day of trial, a jury is ready and waiting for the process to begin. But, how did these particular people end up sitting in the jury box? Jurors are meant to represent a cross-section of the community, and thus represent an approximation of who would qualify as peers of the accused.
Further, jurors need to have an unbiased view of the case at hand so a balanced and fair verdict can be issued. In order to find individuals who can objectively evaluate the relevant evidence and testimony, the prosecutor, defense attorney, and judge meet with a large group of prospective jurors before the trial starts.
During this meeting, the judge and attorneys ask each person various questions aimed at determining if he/she can be impartial if chosen to serve. Both attorneys have the ability to request dismissal of jurors if they believe a particular individual is biased, and also to dismiss a certain number, depending on the offense, for no cause.
However, the dismissal of a prospective juror cannot be based on the person’s sex, religion, or nationality. Once the prosecutor and defense can agree on 12 people, the jury panel is set, and the trial can move forward.
What is the Role and Rules of the Jury in a Criminal Defense Case?
The main job of a jury is to assess the evidence and testimony presented during the trial to determine if the prosecution proved the accused is guilty “beyond a reasonable doubt.” In order to keep this process as fair as possible, the jury is only permitted to consider the evidence introduced and the judge’s instructions.
The use of outside information or evidence to reach a verdict is never permitted. Importantly, jurors are not allowed to discuss any aspect of the case with anyone connected to the case or from the outside, other than other jurors, including the attorneys, witnesses, family members, or friends.
This prohibition is in place to prevent the juror from being influenced by outside information, and the judge has the ability to sequester a jury, usually in high-profile cases, if there is a reasonable fear the jurors could be tainted.
Once all the evidence and arguments from both sides are presented, the jury is sent off to debate the merits of the case, and reach a unanimous decision of guilty or not guilty.
The jury is permitted to ask the judge certain questions to assist with deliberations, as long as the attorneys are present, related to:
the case;
rehearing specific evidence; and
reexamining particular evidence.
Once the jury reaches a unanimous decision, or the judge decides further deliberations are unlikely to produce an agreement, deliberations end, and the verdict is read or a mistrial is declared.
Hire a Criminal Defense Attorney
Trying to face criminal charges without hiring a criminal defense lawyer is risky, and could directly affect both the verdict and imposed sentence. Manshoory Law Group, APC handles both State and federal criminal matters and will fight to get you the best possible outcome.
If you live in Los Angeles, contact the office today for assistance. Attorneys are available 24/7 to take your call.
Being accused of domestic violence by a partner or family member is devastating, and should prompt a call to a criminal defense attorney for representation. Emotionally, the accused must face the realization that the ones loved most do not trust him/her, and live through the fallout of having that label attached to his/her name. There is a real and damaging stigma associated with domestic violence that can alienate friends and family, and even jeopardize employment.
While there are legitimate cases of domestic abuse, they can be misused by spouses or family seeking to retaliate or hurt an accused abuser, as well as spouses seeking a divorce that wants to gain an upper hand in the proceedings. Jail sentences are often imposed for even first-time misdemeanor convictions, so it is important to challenge these allegations head-on and avoid potential punishment.
There are a number of offenses that fall under the domestic violence umbrella and having a basic understanding of what qualifies as domestic violence is important in the event a person is accused. Even more important, knowing ways to fight these charges in court could make the situation a little easier to bear. Both of these issues will be explored below.
What Type of Domestic Violence is Most Common?
Criminal statutes on domestic violence essentially elevate the prohibitions against assaulting, battering, or threatening violence when it involves a person’s fiancé, partner, spouse, or parent of the person’s child by imposing greater penalties.
A number of offenses are classified under the general category of domestic violence, but a few of the most common are corporal injury, domestic battery, and criminal threat.
Corporal injury is intentionally applying physical contact to an intimate partner that causes a “traumatic condition.” Markings as slight as a bruise or swelling qualify as a corporal injury because they leave a visible mark, and are applicable to both current and former intimate partners. This offense may be charged as a misdemeanor or felony, but some amount of jail time is highly likely.
Domestic battery also involves the willful infliction of physical force against a current or former intimate partner but does not require an injury to violate this law. The touching just needs to be harmful or offensive. Pushing a partner during an argument or grabbing and ripping a spouse’s shirt would be enough. This is a misdemeanor offense, though completion of a one-year batterer’s program is a common condition to avoid jail time.
Criminal threat occurs when a threat to kill or physically harm is made to an intimate partner that puts him/her in reasonable fear of his/her safety. The threat must be specific and clear and may be communicated verbally, in writing, or via electronic means. The accused does not have to intend to carry out the threat or have the ability to do so in order to be found guilty of this offense. Like a corporal injury, the criminal threat may be charged as a misdemeanor or felony, and if a weapon is involved, the sentence is automatically increased by one year.
How to Fight Domestic Violence Charges?
While contesting these allegations may seem next to impossible, there are a number of defenses that negate or excuse these charges. Self-defense or defense of others is usually the strongest defense an accused can claim.
This defense applies if the accused:
had a reasonable belief that he/she or someone else was in imminent danger of being harmed;
had a reasonable belief force was necessary to escape the harm; and
only used that amount of force that was necessary to escape the danger.
In addition, the accused can argue the touching was not willful, such as when a piece of broken glass inadvertently hits the other person. Finally, as noted above, these allegations are not always true, and an experienced Los Angeles domestic violence attorney will be able to bring out the falsity of these claims at trial.
Let Us Represent You in Your Domestic Violence Arrest!
If you are facing domestic violence charges, hire a criminal defense attorney as soon as possible. Prosecutors are known for forcefully prosecuting these cases, and asking for the maximum penalty. Conviction of a domestic violence offense will greatly affect your life going forward, so give yourself the best chance of avoiding this consequence by working with an experienced criminal defense attorney, like Manshoory Law Group, APC in Los Angeles.
Manshoory Law will fight for your rights and to get the best possible result. Attorneys are available 24/7. Contact us for a free consultation.
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