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Most people facing criminal charges feel overwhelmed and burdened with surmounting a daunting, but essential and life-altering, task. If this is not the first time the person is facing a criminal conviction, he/she may wonder how/if prior convictions can be used in the current case.
Basing a person’s guilt on past behavior is considered unfair, and there are restrictions on when and how such information can be used at trial. But, it does remain relevant for certain purposes in any subsequent criminal proceedings a person faces.
A strong criminal defense lawyer is particularly needed in these situations to nullify, or at least mitigate, the effects of past convictions on a current criminal case.All criminal cases have multiple facets that are difficult to follow and understand for the accused and his/her family. Consequently, the more information these individuals have, the better prepared they are on how to best participate and the likely outcome of the case.
With that goal in mind, an overview of the influence of prior convictions on new criminal cases will follow below.
Admissibility of Prior Offenses at Pre-Trial
Law enforcement and prosecutors will always have access to a person’s complete criminal record, adult and juvenile, even if the prior convictions were expunged. Any prior convictions can have a direct effect on the type of charges filed against someone, and whether the prosecutor would consider offering or accepting a plea bargain. California has a number of “wobbler” offenses – crimes that can be charged as either a misdemeanor or felony.
Some examples of crimes that fall into this category include:
The prosecutor considers the specific facts of the case and past criminal convictions when deciding how to charge someone accused of a crime. The seriousness and extent of prior convictions will heavily influence the prosecutor’s decision.
In addition, if a prior conviction included probation or parole, a new arrest or criminal charge could violate the terms of release and result in the person being sent to jail.
Prior Convictions Impact During The Trial Phase
During a trial, the State is generally prohibited from bringing up prior convictions to prevent past behavior from unduly influencing the jury’s verdict. This is called ‘character evidence‘ and even includes bad acts that did not result in criminal charges or convictions.
There are exceptions to the rule that excludes this evidence that tends to come into play more when a defendant decides to testify on his/her own behalf. In that situation, prosecutors may be allowed to ask about previous convictions if it relates to the person’s reliability as a witness or propensity, to tell the truth.
In addition, this type of evidence can be used to show something other than the accused committed a crime, such as that he/she:
possessed a motive to commit the crime
had an intent or plan to commit the crime
had the opportunity to commit the crime
Further, some additional and important exceptions to the prohibition on the use of character evidence specifically apply to cases involving sex crimes, domestic violence, elder abuse, or child abuse.
In these cases, prosecutors are permitted to introduce evidence of previous similar crimes regardless of any testimony or evidence presented by the defense.
The Role Of A Criminal Defense Attorney
Facing criminal charges of any type is a serious situation because of the potential loss of liberty and other rights. By hiring an experienced criminal defense attorney, you greatly increase your chances of reducing or eliminating the pending criminal charges so the impact on your life is as minimal as possible.
Manshoory Law Group, APC represents clients in Los Angeles and will use all available resources to bring you the best possible result. Attorneys are available 24/7. Contact us today for a free consultation.
Being convicted of a crime affects a person’s life forever. Having a criminal record affects a person’s employment opportunities, can influence child custody decisions and may prohibit the exercise of certain rights, such as owning a gun. Hiring a knowledgeable criminal defense attorney at the outset of a criminal case is crucial to obtaining the best possible outcome.
One type of offense that particularly impacts anyone convicted is sex crimes. These individuals are subject to punishment that persists long after the prison sentence is served which makes it nearly impossible to function in society.
In fact, new research indicates that these policies actually increase the likelihood of repeat offenses because it is so difficult to find compliant housing and employment. In addition, the rate of recidivism for sex offenses (how often someone reoffends) is much lower than policymakers claim.
California has some of the toughest sex offender registry laws in the country, so understanding the regulations that dictate how someone convicted of a sex-related crime must live is essential information to anyone facing charges of this kind.
What Criminal Charges can Result in Becoming a Registered Sex Offender?
One important aspect of the California sex offender registry laws that need to be emphasized at the outset is that registration is for life, or as long as one lives, works, or attends school in this state.
While there is a long list of crimes included under this umbrella, the most common types of offenses subject to registration include:
rape/sexual battery;
acts involving minors, such as lewd acts with a minor, pimping, and sexual assault;
sodomy
indecent exposure
However, note that a judge can order anyone convicted of a crime to register, not just those convicted of an offense listed in the law, as long as the judge believes the offense is related to sexual compulsion or gratification.
What Information is Required to Register as a Sex Offender?
The stated purpose of the sex offender registry is to notify members of a community if a sex offender is living in their area.
Consequently, the law requires individuals required to register to do so in person within five business days of:
sentencing if no incarceration was ordered;
release from police custody; or
discharge from a hospital or mental health facility.
The registry itself lists the person’s name, last known address, convicted offense, date of release, biographical/identifying information, and unique markings, such as scars and tattoos.
At a minimum, offenders must annually update their information within five days of their birthday. In addition, more frequent updates are necessary when someone moves, is a transient (has no permanent address), is considered a sexually violent predator, or is present on a California college campus.
What Residency Restrictions Do Sex Offenders Have?
While the State is no longer enforcing housing restrictions for most individuals required to register as a sex offender in response to a court decision, local law enforcement is still able to enforce the State statute or local ordinance.
State law restricts registered sex offenders from living within 2,000 feet of a school or park and from accessing schools or parks without permission. For example, Los Angeles County prohibits registered sex offenders from living together or within the same housing complex.
Can I Get Removed from the Sex Offender Registration List?
Once designated a registered sex offender, getting off the list is not easy, but is possible. For less serious offenses, an individual can apply for dismissal of his/her case, or expungement, once probation is completed, and then later for a certificate of rehabilitation as long as no other incarcerations or felony convictions have occurred.
Expungement removes the charge and conviction from the person’s criminal record. However, the duty to register as a sex offender remains. A certificate of rehabilitation relieves the person of the duty to register. In addition, the governor can issue a pardon for the type of sexual offense that would completely clear the offense, and connect obligations, from the person’s record.
Problems with Registering as a Sex Offender? Get Help from an Attorney
All criminal cases require and deserve a strong defense to protect the defendant’s rights and to lessen the potential consequences. Criminal defense attorneys at Manshoory Law Group, APC represents clients in criminal matters throughout Los Angeles and will be there to walk you through the confusing and intimidating criminal process.
Attorneys are available 24/7. Contact us today for a free consultation.
Facing criminal charges is never a small thing, and the complexity and size of the criminal justice system easily overwhelm most defendants.Criminal defense attorneys are there to both protect the defendant’s rights and to steer him/her through the justice system with minimal delay.
When people think about a criminal case, the first thing that comes to mind is typically the trial proceedings. The trial is the climax of the criminal case where the judge and jury decide if the person is guilty or not. The depictions of criminal trials on television are ubiquitous and usually depicted as very dramatic events that always include the proverbial smoking gun.
While such trials do happen, most are very structured with few surprises. Given that the stakes are a person’s liberty, understanding what to expect during trial proceedings will help anyone facing criminal charges prepare for this stressful event. An overview of the components of a typical criminal trial will follow below.
What Rights do People Have During Trial Proceedings?
All defendants facing charges that could result in jail or prison time have the right to a trial by jury. While it is possible for a judge to decide a person’s guilt, a jury is typically the preferred method because it allows the defendant to have his/her peers determine the outcome.
In addition, the defendant has the right to remain silent, which means he/she cannot be forced to testify. Finally, the accused is always presumed innocent until convicted, and the prosecutor is obligated to prove guilt beyond a reasonable doubt.
What is the Process by Which a Jury is Selected?
Jury selection is the initial step in the trial process and is a very important component because these are the individuals that will decide the defendant’s fate. The attorneys pick jurors through a questioning procedure calledvoir dire, which continues until both sides agree on 12 jurors.
The purpose of the questioning is to weed out individuals harboring biases that could influence how they decide the case. Thus, both attorneys have the ability to dismiss jurors as long as the rejection of someone is not based on that person’s sex, religion, race, ethnicity, and the like.
Which is the Earliest Stage of a Criminal Trial?
The early stages of a criminal trial are specifically overpowering because everything happens so fast, and defendants rarely have adequate time to confer with an attorney. Consequently, an overview of the early stages of California’s criminal trial process will follow below.
What Happens at an Arraignment?
Arraignment is the first time a person accused of a crime appears in court. At this hearing, the judge will inform the accused about his/her Constitutional rights, including the right to a lawyer, and the nature of the criminal charges against him/her. In addition, the accused will have the opportunity to enter a plea in the case – guilty, not guilty, or no contest.
Arraignments are held after the prosecutor files formal charges, and must occur within 72 hours of arrest, excluding weekends and holidays, if the person remains in police custody.If a person is released following arrest, the arraignment is supposed to take place “without unnecessary delay,” but given how backlogged the criminal system is in California, the hearing may not happen for weeks or months.
Note that the 72-hour rule for those held in police custody applies regardless of whether the charge is a misdemeanor or a felony.
What Happens at a Bail Hearing in California?
Bail is the amount of money a defendant must post with the court to ensure he/she will attend all court appearances. The issue of bail is commonly addressed at the arraignment hearing but may be held as a separate proceeding if the defendant requests a reduction or elimination of the bail amount. The bail is set on a county-by-county basis and according to the type of offense.
However, California lawmakers are working on reforms to the bail system that takes into account how unfair it is to poor defendants. Typically, most people post bail through a bail bondsman. The bondsman agrees to pay the bail in exchange for a percentage of the bail amount. This fee is nonrefundable. When a judge assesses whether to modify the bail amount a number of factors about the accused’s past and character come into play.
Courts look, in particular, at the following:
the nature and seriousness of the alleged crime;
past criminal history;
the probability the accused will appear for future court appearances; and
public safety.
Alternately, the accused can ask the judge to release him/her without posting any bail, termed on one’s own recognizance, or O.R. release.
All defendants not accused of crimes punishable by death are entitled to release unless it would endanger public safety or fail to reasonably ensure the defendant will appear for future court dates.
What is an Opening Statement for a Trial Proceeding?
Opening statements are the first part of a live trial, during which the state and the defense have an opportunity to explain to the jury what they intend to prove.
Evidence cannot be introduced, but the attorneys can give jurors an overview of the type of information that will be discussed.
How Do You Present Evidence in a Trial?
The heart of a case rests on the evidence, which is shown to the jury through witness testimony, photos, documents, and other relevant and informative items.
Both sides have the right to question a witness, but the witness is only permitted to testify about things he/she personally knows. Thus, information learned from a third party cannot be presented.
What is a Closing Argument?
Once all the evidence is presented, both lawyers offer closing arguments. These arguments involve a review of the evidence, but cannot refer to new information, and are presented to persuade the jury that a particular side’s view of the evidence is correct.
What is the Verdict in the Trial Proceedings?
After closing arguments, the jury is sent off to deliberate and decide if the defendant is guilty or not. The jury cannot consider evidence that was not officially accepted by the judge, and the decision must be unanimous.
If there is disagreement with just one juror, a verdict cannot be rendered, and a “hung jury” is declared. If this occurs, a mistrial is usually announced, which requires a completely new trial. The prosecution may also opt to take a plea bargain on lesser charges or dismiss the case.
Is a Sentence Part of a Trial?
Finally, if the defendant is found guilty, a sentencing hearing will be held where both attorneys try to convince a judge what sentence to apply. The judge makes the ultimate decision on the punishment a defendant receives, which is set by sentencing guidelines in California law.
The severity is based on any mitigating or aggravating factors that may be present.
Hire a Criminal Defense Attorney
Being charged with a crime can forever change your life, but a criminal defense attorney is there is make sure the impact is as minimal as possible. The Manshoory Law Group, APC represents individuals throughout California charged with crimes in both State and federal court. They understand how overwhelming the criminal process can be and will fight to get you the best possible result.
Attorneys are available 24/7, so contact us today for a free consultation.
Having an online presence is almost a requirement to function in today’s society. However, this reality does present concerns if someone is prosecuted for a crime, and needs the services of a criminal defense attorney to fight the charges. Living one’s life online has become so ingrained that many transactions can only be completed this way, and employers now look for and expect to see information on prospective employees when evaluating a person’s candidacy.
Social media, in particular, has taken over the way people communicate and find important information, and police recognize that this forum offers opportunities to collect intel on criminal activity. Numerous stories have hit the news in the past few years about the methods police use to watch and track individuals they suspect of committing crimes, with little oversight on who is being monitored and how long the information is retained.
Understanding how police monitor the public on social media, and when this type of information can be used at trial, should help anyone concerned about protecting the information they post on social media.
How Police Monitor Social Media to Find Crime and Track Suspects?
Police departments across the country, California included, are increasing their purchase and implementation of software specifically designed to monitor popular social media websites and track accounts identified as posing threats to police and the public. In fact, these companies are actively marketing this software to law enforcement as an effective method of surveillance, but some social media sites are starting to cut off access to these companies to protect their users’ privacy.
This software provides real-time, location-based data analysis of social media posts, which police are using to target political and social activist groups, in particular, in these information sweeps. These groups are frequently scrutinized because they tend to post the locations and times of planned protests on these sites. Even more disturbing, police are purchasing this software in secret without public notice or comment, or legislative approval.
Further, while the monitoring of social media by police is no longer a secret, how the information is used and the extent of monitoring beyond protest groups are completely unknown.
Can Social Media Be Used as Evidence in a Criminal Case?
Since surveillance by police of social media sites is known, the next piece of important information to have is how social media data is used in criminal trials. The primary way social media evidence is used is to impeach witness statements made on the stand. Basically, this means that the content on social media conflicts with what was said in the courtroom, indicating that the person is making a false statement. While this may not seem like a serious issue, depending on the substance of the statement, it could be the key piece in a criminal case.
For example, if the prosecution is trying to allege the defendant is part of a gang, and the defendant denies this charge, the introduction of screenshots of the defendant making gang signs or statements in support of gang activity by the prosecution would be very damaging to the defendant’s argument.
Thus, when posting content to social media, keeping in mind how easily these snapshots in time can be misconstrued and twisted in unintended ways by others, try to limit posts that could put someone in a bad light.
Finally, it may be tempting to delete potentially damning information from social media sites after being charged with a crime. However, these deletions can be discovered and recovered in most cases, and the act of deleting potentially relevant evidence could lead to additional criminal charges for tampering with evidence.
Hire a Criminal Defense Attorney
Being charged with a crime is an overwhelming situation, and hiring the right criminal defense attorney can make a tremendous difference in the outcome of the case.
Manshoory Law Group, APC defends individuals accused of crimes in Los Angeles and will fight to protect your rights and get you the best possible result. Attorneys are available 24/7 to take your call. Contact us today for a free consultation.
When someone is arrested and charged with a crime, a lot of questions and concerns typically come up. What is the alleged crime? What are the potential punishments? How long will a trial take? Will I spend the time leading up to trial in jail? All these questions are natural and valid and are best answered by a criminal defense attorney experienced with the type of offense at issue.
A key issue related to the crime is figuring out how the offense will be classified. In other words, is it a misdemeanor, a felony, or what is termed a “wobbler” under California law? This information determines the possible punishments a defendant is facing and thus has a huge impact on the outcome of the case.
While these terms may seem basic, the way crimes are classified under each quickly becomes very nuanced.
What is Considered Misdemeanor Offense in California?
Misdemeanors are less serious crimes and bring a maximum potential sentence of one year in the county jail. Most misdemeanor crimes come with a jail sentence of up to six months and/or fines of $1,000. Examples of a standard misdemeanor include petty theft, public drunkenness, and vandalism. In addition to these standard misdemeanors, there are aggravated or gross misdemeanors that carry the maximum jail sentence and higher fines, such as repeated DUI charges and domestic battery.
These offenses generally relate to behavior that the state wants to highly discourage but does not rise to the level of seriousness accorded to felonies. While a judge is authorized to order jail time, probation is more commonly ordered as the sentence for a misdemeanor conviction. California jails are notoriously overcrowded, and unless the court believes an individual poses a real danger, jail time is a very unlikely sentence.
Probation means the offender must comply with conditions imposed by the court to avoid jail time, and unlike felony probation, only involves periodic meetings with the court instead of supervision by a probation officer.
What Crimes are a Felony in California?
Felony crimes are more serious offenses and bring sentences of at least one year in county jail or state prison. Obvious examples are murder and robbery. Prison sentences are divided into low, high, and middle terms. Most people receive the middle term, unless there are aggravating factors (e.g., extreme violence) justifying the higher term or mitigating factors (e.g., minimal involvement in the crime) to validate the lower term.
Fines up to $10,000 can also be imposed in addition to or instead of jail/prison time. Again, because of prison overcrowding, probation is a common sentence to replace jail time. Felony probation involves supervision by a probation officer, so regular check-ins are mandatory, usually on a monthly basis.
The purpose of these meetings is to verify the person is complying with the conditions ordered by the court, including confirming employment and/or administering drug tests. Failure to attend these meetings is a violation of probation in and of itself and could result in prison time.
What is a Wobbler Offense in CA?
Finally, wobblers are offenses that can be charged as either a misdemeanor or felony offenses. Examples include domestic violence, burglary, and fraud. The prosecutor looks at the specific facts of the case and the defendant’s criminal history to decide which type to charge. There are numerous crimes that qualify as wobblers in California, and the implications of felony charges are significantly different than those of a misdemeanor.
Important rights are lost with felony convictions, which is why hiring an experienced criminal defense attorney who can effectively argue a misdemeanor charge is more appropriate is crucial to a positive outcome.
Hire a Criminal Defense Lawyer
Being charged with a crime is easily one of the most frightening things a person can experience. If you are facing this situation, hire a criminal defense attorney as soon as possible. There are many steps in criminal cases and numerous time limits and restrictions that come into play that reduce a person’s options.
Getting a criminal defense attorney early on can prevent a loss of important rights and give you the best chance at a good outcome. The Los Angeles Manshoory Law Group, APC has attorneys ready to assist you 24/7 with your case. Contact us for a free consultation.
An Overview of the Federal Computer Crimes and Internet Fraud
Computers have infiltrated all aspects of modern life. From smartphones to kitchen appliances, computers are in everything people use on a daily basis. Of course, the most obvious and pervasive aspect of this technology comes in the form of the Internet. There are a few things that cannot be accomplished online, and some things that can only be accessed this way.
As technology has slowly become central to daily life, the regulation and criminalization of its use have increased as well. The federal government deems a number of activities performed via a computer as criminal acts.
The laws on computer crime are highly complex and require the services of acriminal defense attorney to defend against charges of this kind. A lot of this complexity is due to the inclusion of vague terms in these laws that prosecutors try to use to expand which acts are criminal.
California has also enacted its own set of computer crime laws in recent times, which only adds another complicated layer. Cybercrime is one of the more well-known forms of Internet fraud due to the plethora of news stories on the topic, especially around large companies losing sensitive data to hackers.
However, Internet-based crimes encompass a large variety of acts from the heinous –stealing someone’s identity – to the innocuous – using a partner’s password to access an online account.
Given the vast array of acts that could be considered criminal, having a basic understanding of what internet fraud means is important to protecting one’s rights.
What are the Federal Computer Crime Laws in the US?
Internet fraud is a catch-all term that includes doing anything over the Internet with the intent to commit fraud. The three most common types include:
fraudulent schemes, i.e., scams, over email or online;
phishing, or using the internet to obtain sensitive information; or
accessing a computer or data without permission.
The federal law is most concerning because it encompasses many different types of acts related to fraudulent schemes.
This law criminalizes any plan to obtain money or property by false pretenses through the wire, radio, or television and requires the government to prove:
the defendant planned to commit fraud;
the defendant specifically intended to con someone; and
the defendant used electronic means to facilitate the fraudulent plan.
The government is not required to prove the defendant was successful in deceiving someone out of person or property to get a conviction. The possible penalty for this offense is a fine, up to 20 years in federal prison, or both.
What are the California Internet Fraud Laws?
California’s criminal statute on unauthorized access of a computer or computer data covers everything from the sophisticated hacker in Russia to the business partner trying to review business records when the other partner is sick.
The number of acts prohibited is quite extensive but includes:
knowingly accessing and copying or using data from a computer without permission;
knowingly accessing and damaging, altering, or using data on a computer to defraud others or wrongfully obtain money, data, or property;
knowingly accessing a computer without permission;
knowingly introducing a contaminant or virus into a computer; and
knowingly assisting someone to access a computer without permission.
The possible sentences for these offenses vary based on the type of damage caused but generally include a hefty fine and incarceration in county jail for a year or more.
Criminal Defense for Internet Fraud Cases
As can be seen in this brief overview, the law on computer crime is very technical and easily misunderstood. If you are accused of any computer-related offense, speak to a criminal defense attorney as soon as possible. These cases often require the gathering of specific data that can be lost if not secured early.
Manshoory Law Group, APC, located in Los Angeles, represents clients in both state and federal criminal court and can help you fight accusations leveled by the government. Attorneys are available 24/7. Contact us for a free consultation today.
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.
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