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Even in modern society, fire, in various forms, is a big part of daily life. Fire is used to cook, power engines, heat homes, and run the power plants that give life to all the electronics that are so central to life today. Fire is also portable, in the form of lighters and matches, so people can take it anywhere.
However, especially in densely populated areas, there are strict regulations on when and how someone is permitted to start a fire. Tripping the bounds of the applicable criminal offenses could result in arrest and prosecution by the state. If that happens, the services of a criminal defense attorney are needed to combat the charges and ensure the rights of the accused are not violated.
Arson is the crime most people associate with fire, and understanding how this act is defined under California law is important to avoid being implicated in such a crime by law enforcement.
However, in the event one is accused of committing arson, there are a number of defenses that a criminal defendant can assert to beat the charges.
What are the Types of Arson Charges and Penalties in California?
California has two criminal statutes related to setting fires – arson and reckless arson. Arson occurs when a person intentionally and “maliciously” set fire to a building, forest land, or property. Someone sets fire with maliciousness if the act was intended to harm, defraud, or anger another person.
Reckless arson happens when a person sets a fire recklessly.A fire is considered reckless when the person who started the fire knew of and ignored a significant risk that the fire would burn buildings, forest land, or property. In addition, a person may be guilty of arson for setting fire to his/her own property if:
the property burned was a building
the fire was started for a fraudulent reason, such as to collect money from an insurance company, or the fire causes damage or injury to another home, person, or land
Determining if an alleged act of arson is a misdemeanor or felony offense depends on whether the fire was set intentionally or recklessly, if someone was injured, and the type of property burned. For example, recklessly burning personal property is a misdemeanor.
However, intentional and malicious fires are always considered felonies. Sentences for reckless arson range from six months in county jail for misdemeanor convictions, and up to nine years for malicious arson offenses that cause significant injury to another person. Also, note that fires set in retaliation for evictions or other legal actions are considered aggravated offenses and subject to sentence enhancement provisions.
Finally, those convicted of malicious arson face mandatory registration on the state arson registry, which is similar to the sex offender registry and requires all registrants to keep law enforcement notified of their whereabouts.
Legal Defenses Against California Arson Charges
While an experienced criminal defense attorney will know the best method to attack an arson charge in order to convince the prosecutor to reduce the charges or dismiss the case, there are common defenses to arson charges that are worth knowing:
the fire was an accident;
the state has insufficient evidence against the accused;
the accusations are not true;
the person accused was the victim of mistaken identity; and
the fire was not the result of arson.
What to Do If You’re Charged with Arson
If you are under investigation or accused of a crime, do not wait to hire a criminal defense attorney. Protecting your rights and building a strong defense against criminal charges should start as soon as possible to reduce the likelihood of an unjust result.
The Los Angeles law firm Manshoory Law Group, APC represents clients in a variety of criminal defense matters and will fight to get you the best possible result. Attorneys are available 24/7 to take your calls. Contact us today for a free consultation.
The surveillance forecasted almost 70 years ago in George Orwell’s 1984 has arrived. It is no longer necessary to go outside one’s home to be tracked and recorded. In recent years, efforts by cell phone companies, websites, and businesses to track customer location and behavior became well-publicized, and this information is increasingly being used as evidence in criminal cases, which criminal defense attorneys must combat to protect the defendant’s rights.
In addition, there is a growing number of both private and public security cameras that are impossible to escape as soon as one steps outside. Unless a person chooses to become a hermit who exists completely offline, surveillance of some sort is occurring all the time. While this persistent sense of always feeling followed is generally unnerving, when police get involved because they suspect a person is connected to a crime, the consequences become truly scary.
Law enforcement is now beginning to deploy facial recognition technology to identify and catch suspects, which is quite concerning considering the lack of studies supporting its accuracy. A Colorado man faced this situation head-on when police incorrectly identified him as the perpetrator of two separate bank robberies. But, the technology most commonly used to follow and implicate someone in a crime is the cell phone due to the central role it plays in the lives of most people. People have a substantial privacy interest in their cell phones, and special rules apply when police want to search these devices as a result.
The requirements and exceptions for cell phone searches will be explored below.
How Does Police Use Cell Phone Data?
In order for the state to convict a person of a crime, the prosecution must produce evidence of a defendant’s guilt beyond a reasonable doubt. One central element in many prosecutions is the location of the defendant while the criminal activity took place, and specifically, whether the defendant was in the vicinity of the alleged crime. Without evidence to place the defendant at the scene, jurors are unlikely to find enough evidence of guilt.
Cell phone location data collected and retained by cell phone providers, while lacking in pinpoint accuracy, can indicate a person’s general location every time he/she makes a phone call, sends a text, or accesses the internet. This is highly private digital information that, for the first time ever, allows law enforcement to track a person’s movements without direct surveillance (activity for which police must obtain a warrant). Such information could conceivably infer a false connection to a crime, and thus, law enforcement’s access to and use of this data is a critical issue.
California does have a law requiring a warrant to gain access to cell phone provider records, but federal authorities have no such restriction, and currently, can get this information without showing the same level of cause.
Do the Police Need a Search Warrant to Access Your Cell Phone?
In the vast majority of cases, police need a search warrant to access the information contained in a person’s cell phone. When police apply for a warrant they must specifically identify the cell phone they intend to search and the evidence they are seeking.
A search warrant allows police to search any specified area for evidence of criminal activity, including a person’s home, car, cell phone, or workplace. If police find evidence supporting the alleged criminal activity, they are also allowed to seize it.
This type of search and seizure is only permitted under a valid warrant, unless an exception to this rule applies, such as:
the owner’s consent
the search is connected to a lawful arrest
the evidence was in plain view
To convince a judge that a warrant is justified, there must be evidence a crime was committed, and the proposed area to search is likely to contain evidence of the said crime. Further, the judge must find there is “probable cause” or a reasonable belief that the person named, or items described in the warrant will be found at the designated location.
Typically, the judge will take oral or written affidavits from law enforcement, the prosecutor, or a witness about the facts of the case to see if probable cause exists. However, if a warrant is issued improperly, this fact would give the defense cause to request dismissal of criminal charges or the exclusion of seized evidence.
If the police search electronic devices other than the one listed in the warrant or gather evidence outside of what was authorized, the search is invalid, and police are not permitted to use this information against the defendant. However, note that police can seize possession of someone’s phone as part of an arrest, and retain it until a search warrant is secured.
What are the Warrant Exceptions?
While individuals do have a large privacy interest in the content of cell phones, there are exceptions to the warrant requirement when the government’s interest is considered more important or the privacy interest is waived.
The exceptions to the warrant requirement include:
the owner consents to the search freely and voluntarily
exigent circumstances due to the presence of an emergency.
Some examples of circumstances that may constitute a true emergency occur when the police reasonably believe that:
the phone is about to be remotely wiped;
the phone contains data that will allow them to track a suspect; or
the information on the phone can help prevent harm to someone else.
If police conduct an illegal search of a person’s phone, the person has the right to challenge the validity of the evidence and ask a court to suppress its use.
Blocking the introduction of evidence can lead to reduced charges or a dismissal of the criminal case, so having a criminal defense attorney that carefully analyzes the state’s evidence to check for illegalities is essential to a strong defense.
Hire a Los Angeles Criminal Defense Lawyer
If you are facing criminal charges, do not delay hiring a defense attorney to protect your rights. Public defenders are burdened with unreasonable caseloads, and consequently, cannot give your case the attention it needs.
Those charged with a crime in the Los Angeles area should contact the Manshoory Law Group, APC for experienced criminal defense representation. Attorneys are available 24/7 to answer your calls. Contact us for a free consultation.
Interactions with police are rarely stress-free. Usually, conversations with law enforcement involve some type of emergency or reports of a crime. Regardless of whether one is the victim or accused perpetrator of a criminal offense, speaking to police in these situations naturally produces a lot of anxiety and fear.
Once a person is pegged as a possible suspect in a crime, talking to the police is the last thing he/she wishes to do, and the services of a criminal defense attorney should be sought to protect the person’s constitutional rights. At some point during the criminal investigation, all suspects are brought in for questioning using a process commonly known as interrogation. Interrogation is an interview technique police use to gather more information about a crime, and ideally, to convince a suspect to admit he/she committed the criminal act.
Most people are familiar with the idea that police have employed coercive tactics to obtain confessions, especially in murder investigations. California is taking steps to limit this practice with the passage of a new law that requires police to electronically record all interrogations of murder suspects.
While this is an important measure to reduce the likelihood of a wrongful conviction, all criminal suspects need to know what rights they have related to criminal interrogations.
What is the Criminal Interrogation Process?
People typically envision police interrogations happening in a windowless room following an arrest, but questioning can occur anywhere, and any statement can be used to incriminate someone. A person always retains the right against self-incrimination, guaranteed by the Fifth Amendment, and memorialized in the Miranda warning as the right to remain silent. This right prohibits the government from forcing a person to say something that would implicate them in a crime.
If police stop a person on the street, he/she is not required to answer questions from the police, although the person must give his/her name. If the interrogation takes place at a police station, a person may stop questioning at any point, even after agreeing to cooperate, by refusing to answer further, asking to speak with an attorney, or directly invoking his/her right to remain silent. Police must cease questioning at this point.
California’s New Interrogation Law
This new law on interrogation extends the requirement to electronically record interrogations to adult murder suspects. Note, however, this provision only applies to suspects held in detention and is subject to a number of exceptions.
Some of the exceptions that relieve the police of this obligation include:
the person being interrogated requests the police do not record his/her statements;
the officer questioning the individual had no knowledge the individual may be implicated in a murder. However, if it becomes apparent during the interrogation process that the person was involved in a murder, any further conversation must be recorded;
a malfunction of the recording equipment occurred, despite regular maintenance, and timely repair was not feasible; and
spontaneous statements offered by suspects during the routine arrest or booking process are specifically excluded from this provision.
Questioning by police in connection with a crime is a frightening situation that should only be faced in the company of an experienced criminal defense attorney. If you are facing criminal charges and live in the Los Angeles area, Manshoory Law Group, APC has skilled defense attorneys that will fight for your rights and the best possible result.
Contact the office for a free consultation. Attorneys are available 24/7 to answer your requests.
Hearing an unexpected knock at the door is likely to provoke a certain amount of trepidation and curiosity in anyone, but if the person on the other side of the door is the police, fear and anxiety are almost guaranteed to spike. While there could be a number of reasons for police to seek someone out, the most concerning possibility is when law enforcement is there to execute a search or arrest warrant.
A warrant is a document issued by a judge that authorizes the police to take some action, the most common being to arrest a person accused of a crime or to search the premises of a place to collect evidence related to an ongoing criminal investigation. Regardless of the purpose of a warrant, anyone facing such police action needs to hire a criminal defense attorney to protect their rights.
Although police have court approval to take action once a warrant is secured, there are still rules related to how the warrant was obtained and how the police executed it. These rules are particularly important when it comes to arresting warrants because a person’s liberty is at stake. If the warrant is improper in some way, a criminal defense attorney can use this information to get the person released from police custody or even cause the charges to be dropped.
When Will an Arrest Warrant Be Issued?
There are two legal procedures the state can use to acquire an arrest warrant from a judge. The first, and by far the most common, is when the prosecutor and/or investigating officer appear before the court and directly ask for an arrest warrant. The government must convince the judge there is probable cause for a specific person to commit a crime. Probable cause means there is a reasonable belief a crime took place and the specified person is the offender. If the judge thinks there is enough evidence to support the request, a warrant is issued.
The second, and rarely used, option is to convene a grand jury and have it decide if there is a sufficient base to indict, or charge, a person with a crime. This procedure is typically used when the prosecutor is unsure if there is enough evidence to charge someone with a crime. If the grand jury decides to indict, the judge usually issues an arrest warrant in response.
When Can the Police Execute a California Arrest Warrant?
Police ordinarily execute warrants at a person’s home or work.They are permitted to use force during an attempt to arrest someone at home if they reasonably believe the person is present, and the occupants refuse to open the door. Note that police are not required to produce a copy of the arrest warrant and only need to prove they knew the warrant existed. However, they are obligated to execute the warrant within a reasonable time, and if they do not, the person may be entitled to a dismissal of the charges.
Felony arrest warrants can be acted upon at any time of the day, but the execution of misdemeanor arrest warrants is restricted to the hours of 6:00 a.m. to 10 p.m. unless the arrest occurs in a public place, the person is already in custody for another matter, or the warrant authorizes execution at any time. Once a person is arrested, he/she is entitled to appear before a judge “without unreasonable delay”, which usually means within 48 hours. If the time between arrest and appearance is longer, this may also justify the dismissal of charges as a violation of a person’s rights.
Consult a Los Angeles Criminal Defense Attorney
Being arrested for a criminal offense is a serious situation, and calls for the skills of an experienced criminal defense attorney to ensure you are treated fairly.
The attorneys at Manshoory Law Group, APC represent clients in the Los Angeles area and understand what is at stake in all criminal cases. We are available to speak with you 24 hours a day. Contact us today to learn how we will fight for you.
What Are the Consequences of a Criminal Conviction in California?
Being stopped by police, even if it is just related to a traffic violation, is likely to create a lot of stress and tension, but this anxiety is multiplied when the questioning is related to the commission of a crime. Most people would understandably become quite nervous and may forget basic information or say something they did not mean in order to get out of the situation.
This is even more likely if the questioning takes place at a police station where the authority and influence of police are at their highest. Any time a person is involved in a criminal investigation, regardless of whether charges are pending or not, a criminal defense attorney needs to be consulted to ensure rights are protected and the potential for government abuse is cut-off.
California’s harsh criminal sentencing laws and overcrowded jails are no secret in the U.S., but Governor Jerry Brown is attempting to bring some reform to the criminal justice system with his sponsorship of Proposition 57. This measure, up for approval by voters in November, would grant parole consideration to non-violent offenders and give Department of Corrections’ officials the authority to give credit to prisoners for good behavior and approved educational and rehabilitative achievements.
While this law would help those currently incarcerated, someone facing criminal charges first needs to understand the possible penalties they could confront if convicted. California’s sentencing system is one of the most complexes in the country, but a general outline of typical punishments for misdemeanors and felonies will follow below.
What Are the Consequences of Misdemeanor Offenses?
Misdemeanors are less serious offenses that generally bring fines, probation, and county jail time as potential punishments. The standard sentences for misdemeanors, such as petty theft and public drunkenness, are county jail time up to one year and fined up to $1,000. These are baseline sentence guidelines, but they increase if aggravated misdemeanors (such as a domestic battery) are charged, or if the alleged crime is a “wobbler” offense.
A wobbler offense means the prosecutor has the discretion to charge a person with a misdemeanor or felony for the same offense. The facts of the case, and the defendant’s criminal history determine which choice the prosecutor makes, and misdemeanor wobblers can bring higher fines for certain offenses. In addition, misdemeanor sentences will almost always include probation, and the conditions imposed must be followed to avoid jail time.
Standard probation conditions include:
community service;
electronic monitoring or house arrest;
counseling/treatment programs; and
paying the victim restitution.
What Are the Consequences Of A Felony Conviction In California
Felonies are serious offenses, like murder and assault, which can bring long prison sentences. At its most basic, felony convictions are subject to jail or prison time in excess of a year, including life in prison and death. Heavy fines, up to $10,000, and probation can be imposed in addition to or in place of prison/jail time.
Like misdemeanor offenses, there are wobbler felony crimes, and how it is charged is the difference between serving time in county jail or years in prison. Generally, there are three tiers of possible prison terms for felony offenses. The middle level is the option most often imposed, but the sentence will be higher if there are aggravating circumstances, or lower if mitigating facts are present.
Felony probation may be imposed in place of jail or prison time, involves intense supervision by design, and usually lasts three years, though it can be extended to five years. Violations of probation conditions open an offender to resentencing for the maximum jail/prison time permitted by law.
Some of the conditions felony probation commonly includes are:
monthly meetings with a probation officer;
paying restitution;
therapy;
drug testing, if a drug crime occurred;
community service; and/or
unannounced searches of a person or property with or without a warrant.
Hire a Criminal Defense Lawyer
Criminal charges are not an issue you want to face alone. The consequences can be severe and follow you for the rest of your life. If you live in the Los Angeles area and were arrested or charged with a crime, the Manshoory Law Group, APC is ready to take your case.
We understand the law for both federal and state crimes and will fight to get the best possible result. Attorneys are available 24/7 to offer a free consultation. Contact our firm today.
When the police are called it is rarely a good situation. Typically, there is a dangerous situation, like a fire, or someone alleging a crime has occurred. Either way, when the police show up, people tend to be on edge, panicked, and stressed. If someone claims a crime took place, police immediately begin interviewing witnesses and start trying to identify a suspect.
Beyond arresting a suspect, which triggers the need for a skilled criminal defense attorney, police investigations include another aspect that few people realize. As most know, evidence at a scene is seized by police for further examination and processing, and what people may not know is this evidence can include someone’s private property, like a car or computer.
This process is called asset forfeiture and can be used to take permanently any property, without compensation, police believe was used to commit a crime or obtained through criminal activity. Most of this property belongs to suspected criminals, and there is rarely any recourse to this taking even if the person is never convicted.
California lawmakers passed a bill this year that will prohibit seizing private property worth less than $40,000 from suspects without a conviction. The goal of this law is to limit the impact of this practice on innocent, lower-income individuals who lack the resources to fight back. Most property is seized in relation to drug-related crimes, so a discussion of when the property may be seized in drug crimes and the procedure to contest forfeiture will follow below.
What is Califonia Seizures Laws?
California’s asset forfeiture laws are extremely complex, but essentially these laws act as civil penalties for criminal acts.
Because forfeitures are viewed as civil matters, a person attempting to reclaim his/her property is not entitled to an attorney, as in a criminal trial, if the individual cannot afford to pay a lawyer.
In drug cases, many different types of property are subject to seizure by police, including:
any illegally obtained, distributed, or manufactured drugs;
equipment used to make, hold or transport the drugs;
any money used to pay for the drugs; and
real estate used or permitted to be used by the owner for the sale, distribution, manufacture, or storage of drugs. However, homes cannot be seized they are used for lawful purposes, such as family residences, or if one of the owners did not know of the drug activity.
Convictions are required for some, but not all, asset seizures under the state’s drug laws. Convictions are needed to take: boats, airplanes, and vehicles; money worth up to $25,000; and any real estate. Note that the property can be seized before conviction, and the government just needs a conviction for the owner to forfeit it. Thus, the owner could be legally deprived of his/her property for years before the criminal case ever comes to trial.
No conviction is required for cash seizures over $25,000. Instead, the government is only required to prove the cash was used a drug-related enterprise by “clear and convincing evidence”, and not the criminal standard of “beyond a reasonable doubt.”
How to Apply for Return of Seized Property?
Once the property is seized by police as part of a drug investigation, the owner must act quickly to avoid losing it forever. However, note that seized drugs are automatically forfeited, except legally obtained medical marijuana.
Beyond drugs, the government must go through a process called administrative asset forfeiture for personal property worth less than $25,000, and judicial forfeiture for property worth more than $25,000 and real estate. In administrative forfeiture, the government must notify property owners of the forfeiture proceedings and publish a notice in a newspaper circulated in the county where the property was seized or is located.
The owner has 30 days to file a claim, and if one is not filed, the property is automatically forfeited. In judicial forfeitures, the same notice requirements apply, and if a claim is filed, a civil trial takes place where the prosecutor must prove the property was used in or obtained through a criminal act, and the owner consented to such use.
Combating both criminal charges and property forfeiture can seem overwhelming, but an experienced criminal defense attorney can help you through these procedures.
Ask for Help
People are suspected and accused of crimes every day, and if you find yourself facing criminal charges, take away the government’s advantage by retaining a criminal defense attorney as soon as possible.
The Los Angeles law firm, Manshoory Law Group, APC, handles a broad range of criminal charges, including drug offenses, theft, and assault. Contact our firm for a free consultation.
Most people who have run-ins with the law will say that the experience was unsettling at best and terrifying at worst. Being accused of a crime by a police officer, coupled with being handcuffed and placed in the back of a police car, is an embarrassing and often overwhelming situation. Retaining the services of a criminal defense attorney following an arrest is critical to protecting a person’s rights.There is, however, an additional aspect to many arrests that many people do not know.
Police do not have to wait for a conviction or even charges to be filed against a person, before collecting a DNA sample. In fact, they have the right to collect DNA from anyone arrested for a felony offense. This is an especially scary proposition given the recent passage of a proposed bill by the California Legislature that will allow rape victims to pursue charges against an alleged attacker up to 20 years after the incident.
It would also entirely remove a limit for prosecuting child molesters by eliminating the current cut-off that occurs when the victim reaches the age of 40 or ten years has passed since the date of the incident. It is extremely hard to contest charges from so long ago, which makes understanding how DNA samples can be used and how to expunge them once collected are very important to preserving a person’s rights.
Can Police Collect your DNA Sample?
As stated above, anyone arrested for a felony offense is subject to DNA collection by the police. The collection is typically taken via a mouth swab and occurs when the arrestee is booked as part of the identification process. Collected DNA samples are then submitted to the state crime lab for processing and entry into the state database.
Law enforcement agencies use this database to identify suspects by comparing an unidentified DNA sample collected from a piece of evidence with known DNA profiles in the database. Refusing to give a DNA sample is a misdemeanor offense punishable by a $500 fine and up to one year in the county jail. However, law enforcement is authorized to use reasonable force to collect samples if certain conditions are met.
These include:
prior written consent of the supervising officer on duty;
efforts to obtain voluntary consent; and
a recording of the collection if the individual is taken from a prison cell.
Importantly, even if a person is acquitted or the charges dropped, the DNA profile remains in the database until that person requests an expungement.
What is a DNA Expungement?
Requests for expungement of a DNA profile from the state database and the destruction of the DNA specimen may be directly submitted to the California Department of Justice, DNA Database Program. California law states that a person is entitled to an expungement in the following situations:
no charges were filed following an arrest for a felony offense;
the felony charges were dismissed or the person was acquitted; and
the underlying conviction that gave rise to the collection of the DNA sample was reversed and the charges dismissed.
Requests for expungement may also be made to the trial court in the county where the arrest occurred, and the court has discretion on whether to grant the request or not.
Note that denial of a request for expungement is non-appealable. Consequently, these requests should be made under the advice of a criminal defense attorney to ensure they have the best chance of succeeding.
Defending Against DNA Evidence
If you were arrested for a criminal offense, talking to a criminal defense attorney as soon as possible is the best way to preserve your rights and to start building a strong defense to the charges.
The Manshoory Law Group, APC represents clients throughout Los Angeles and will fight for justice in your case. Contact the office for a free consultation. Attorneys are available 24/7 to assist you.
There are few topics in contemporary America that elicit as much divisiveness as the debate over gun ownership and the right to carry concealed weapons in public. Owning firearms is a long-held tenet of this country, and is memorialized in the Second Amendment.
Carrying a gun without the proper permit and/or license is a crime under California law, and if arrested and charged, would require hiring a criminal defense attorney to defend the person’s rights.
Disagreement over whether private individuals should have the ability to own guns is often split along lines of where someone lives – urban or rural. Those that live in cities are more apt to oppose gun ownership because they see how guns contribute to the crime rate. Individuals from rural settings, on the other hand, view gun ownership as essential to self-defense.
Gun rights advocates in California recently filed a lawsuit in federal court challenging the State law on concealed weapons because it effectively prevents most citizens from carrying a firearm in public.
This lawsuit is the product of an earlier effort that sought to block counties from requiring individuals to provide specific reasons to justify their request for a gun permit, but the Ninth Circuit upheld the counties’ right to impose this additional requirement earlier this summer.
Given how contentious this issue is, and how complex the laws on concealed gun permits are, an overview of the law in this area will follow below.
How to Get a Concealed Carry Permit in California?
Generally, carrying a firearm in California is illegal, regardless of whether it is loaded, unloaded, concealed, or carried in the open. The only way to legally carry a firearm outside of the home is to obtain a concealed weapons permit.
Permits are issued by county sheriff departments, and in L.A. County, applicants must prove the following to receive one:
possess good moral character, which is verified by a criminal history check;
have good cause, which is only established when the applicant can show by clear and convincing evidence that they or their family is under a present threat of danger to life or of suffering great bodily harm. Further, they must show there is no reasonable alternative to avoid the danger, and the danger would be substantially reduced by carrying a concealed firearm;
be a resident of the county; and
have completed a firearms training and safety course.
Permits are good for up to two years after issue, and applicants are informed within 90 days of submitting the application whether it is approved or denied. Sheriffs have almost complete discretion in deciding whether to issue a permit, so given the high burden authorities impose on applicants through the good cause requirement, it is highly unlikely anyone in L.A. County would be granted a permit.
What is the Penalty for Concealed Carry Without a Permit in California?
Anyone found in possession of a firearm by law enforcement could face charges for: carrying a concealed weapon on their person or in the vehicle, carrying a loaded gun in public, and/or openly carrying an unloaded weapon in public.
Carrying a concealed weapon is generally a misdemeanor offense, absent aggravating factors like criminal history, and is punishable by up to one year in county jail or a $1,000 fine.
Carrying an unloaded weapon in public is also a misdemeanor, and carries the same penalties.
Carrying a loaded weapon in public can be charged as a misdemeanor or felony offense.
If a misdemeanor, the person faces informal probation, up to one year in county jail, and/or up-to a $1,000 fine.
Felony charges for this offense carry the potential penalties of 16 months or two to three years in county jail, and/or a $10,000 fine.
What to Do If You’ve Been Charged with a Gun Crime?
If you were arrested for an offense related to the unlawful possession of a firearm, it is critical to speak with an experienced criminal defense lawyer as soon as possible. There are many nuances to this area of the law, and many defenses to these charges that can help.
The Los Angeles Manshoory Law Group, APC will assess the facts of your case and advise you on your options. Contact the office for a free consultation.
Dealing with the police is often viewed from the lens of two contrasting experiences – very pleasant or happy relief when a person needs their assistance, or scary and threatening when a person is the target of their suspicion. Being targeted by police for possible wrongdoing is an overwhelming situation and urges most people to seek a criminal defense attorney to protect their rights.
Conversely, walking down the street, or just being out in public generally, is usually considered a safe and innocuous activity that is unlikely to provoke interaction with police because it does not carry the inherent risk and consequential increased scrutiny given to someone driving a car or large groups gathering in a public place.
In fact, a person who is not driving or planning to enter a facility with security may not even carry identification. But, what if a person is stopped by the police for questioning?Are they required to carry identification or otherwise identify who they are to the police?
Is it legal to Walk Around Without Identification?
Unless a person is driving a car or entering a secure location, such as an airport or government building, California does not require someone to carry an ID. In practice, this means that if the police stop a driver for a misdemeanor traffic violation, this person can be arrested if they fail to produce a valid license.
Do You Have to Identify Yourself to a Police Officer?
As a preliminary matter, it is important to note that police always have the right to ask for identification or request you answer a few questions, but unlike many states, California does not have a law that requires a person to identify themselves to the police. Thus, a person does have the right to refuse to present identification or otherwise identify themselves if the police ask.
However, under the 4th Amendment, if the police have reasonable suspicion of criminal activity or probable cause to make an arrest, they can detain a person for a short period of time while they attempt to identify them.Additionally, police can perform a pat-down at the scene to ensure the person is not carrying weapons for officer safety.
The standard for what is “reasonable suspicion” or “probable cause” is very low, and even innocent behavior can be used to justify detention. The possible range of responses varies from taking a fingerprint at the point of the stop to arresting the person and holding them in jail. Without suspicion of criminal activity, police are not permitted to arrest for simply refusing to provide identification.
However, such arrests do happen and require a strong defense from a criminal defense attorney to ensure any charges brought against the person are dropped. By contrast, in many states, there are statutes that make it a crime for someone detained for suspicion of criminal activity to refuse to identify themselves. These states do differ on whether a verbal response is sufficient or if the presentation of a valid ID is necessary to satisfy this requirement.
Get Help
If the police arrest you on baseless claims, securing a criminal defense attorney as soon as possible is important to contesting allegations by the police. Evidence, such as the video from the officer’s body cam, is essential to your defense and needs to be secured right away to ensure it is not lost or deleted.
Attorneys at the Los Angeles-based Manshoory Law Group, APC represent clients accused of many different crimes and want to help you effectively assert your rights. Contact us for a free consultation.
Any couple in a serious relationship will have disagreements at some point, and sometimes, emotions can get the better of people and lead to loud shouting matches. While these incidents are unfortunate, and probably not the best representative moments of a relationship, having an argument does not automatically translate into physical violence.
Being falsely accused of domestic violence is a very serious and damaging claim and requires a vigorous response by an experienced domestic violence attorney.People tend to assume these charges are true and treat the accused as if he/she was found guilty.
An assemblyman in California is facing this situation as three State Republican officials are pressuring him to resign and fold his campaign in the wake of domestic violence allegations from his wife. Assemblyman Roger Hernandez is in the middle of a divorce, and his wife is seeking a restraining order after claiming over 20 violent incidents during their three-year marriage.
Having this charge leveled against you can be very overwhelming, but understanding how the law views domestic violence and the restrictions imposed with restraining orders may make moving through the ordeal a little easier.
What are the Penalties for Domestic Violence in California?
When someone makes an allegation of domestic violence, California has several provisions in the penal code a prosecutor could use to bring charges. The first is the battery, which is the “willful and unlawful use of force or violence”against another person. The maximum penalty for this offense is a $2,000 fine and/or six months in the county jail.
If the prosecutor decides to elevate the charge to one involving violence against a spouse or partner, the possible penalties include fines up to $2,000 and one year in county jail.
Alternatively, if the sentence is for probation, there is an automatic condition that the defendant attends a one-year batterer’s treatment program. If the prosecutor chooses to charge a defendant with a batterythat resulted in serious bodily harm, the sentence is a minimum of one year in jail.
Finally, there is an offense for corporal injury to a spouse or partner that is used when the allegations include claims of causing internal and external wounds that carries a sentence of one year in jail and/or a fine up to $6,000 if charged as a misdemeanor, or two to four years in state prison if charged as a felony.
How Do Restraining Orders Work?
Typically, when someone is accused of domestic abuse by a family member, there is also a corresponding petition filed asking for a restraining order. A restraining order essentially limits the ability of a person to interact with a specific individual and is granted if the petitioner can show there is a threat of or previous abuse.
Further, in the context of domestic violence, in order to be eligible to ask for this restraint, the individual filing the petition must be married, living together, divorced, separated, dating, share a child, or be related as an in-law through a current marriage to the person named in the petition. Abuse can cover a wide range of behaviors and includes written and spoken communications as well as physical altercations.
The primary actions a restraining order will address include:
requiring the accused to move out of the shared home;
imposing child and spousal support;
setting out who gets possession of the certain property, such as the family home and car;
prohibiting contact between the accused and accuser, and any family members that reside with the accuser; and
blocking the accused from possessing guns or ammunition.
These orders are issued on a temporary basis within one business day of filing a petition and remain in effect until a hearing to determine if the order will continue.
The court can extend the order up to five years, and if the order is violated, the restrained person can be arrested and charged with additional crimes. No matter the details of the accusations against you our restraining order attorney can help protect your rights.
The Damage of False Accusations of Domestic Violence
Domestic violence is a physical act against a person with whom an individual has a special and often intimate relationship, such as a spouse or former spouse, a cohabitant, the other parent of an individual’s child, a fiancée or former fiancée, or anyone with whom the individual has or had a dating or engagement relationship.
The primary problem of false accusations, generally, and especially false accusations of domestic violence, has to do with perception. In other words, when one is initially accused of domestic violence, there is an initial perception by everyone involved that the accuser is speaking the truth. As a result, there can be a severe backlash against the accused.
While not everyone is as well-known as a professional athlete, the backlash can nevertheless be just as severe if against one who is not well-known. Friends, co-workers, and family will reflexively reduce communication and contact with the accused, making him/her feel overwhelmed and insulated, when, in reality, he/she is the victim.
How to Beat a False Domestic Violence Charge?
As stated above, if presented with a false allegation of domestic violence, do not try to go it alone. The feeling of insulation may lead to frustration, which may lead to other potential issues that could be more difficult to combat.
Rather, it is best to act proactively. Thus, if the relationship begins to sour, and one person believes the other may file a false claim of domestic violence, the first thing that should be done is to contact a criminal defense attorney experienced in domestic violence.
These attorneys will be able to help the person in this situation understand what options he/she may have at his/her disposal. Additionally, the attorney will help the potentially accused individual gather evidence in case the accusations, in fact, are made.
In addition to practical steps a person can take to defend against domestic violence accusations, one’s attorney has several avenues to fight this charge in court, including:
proving the injury was the result of an accident;
showing the accuser’s injuries were not caused by the defendant;
establishing the defendant acted in self-defense or defense of others; or
prove the accusations were false and motivated by issues such as anger, jealousy, or to gain the upper hand in other legal proceedings.
Further, depending on the circumstances, it may be prudent to plea to a lesser offense to avoid the serious consequences of a domestic violence conviction. One final option that may be available is to obtain a pretrial diversion, which requires the defendant to enter a batterers’ program.
Successful completion will result in a dismissal of charges, and effectively erases the criminal case for most purposes.
Protecting Yourself Against False Domestic Violence Accusations
Being accused of a crime is a serious situation that requires swift and forceful defense by a seasoned criminal defense attorney who knows how to protect your rights.
The Manshoory Law Group, APC, located in Los Angeles, works to bring the best possible results for their clients and can help you with your legal problems.Contact us for a free consultation.
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