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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.
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.
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.
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