Criminal Law Blog

What Are the Penalties for a First Offense DUI in California?

Every year, statistics show that well over a million Americans are arrested and charged with a DUI (driving under the influence). Penalties for being charged with a DUI can vary from state to state and tend to be less severe if it’s your first offense. However, even for first-time offenders, the punishments can be serious and may remain on your permanent record forever.

This guide will look at what happens when you get a first offense DUI in California.

What Is a First Offense DUI?

Before looking in-depth at California DUI penalties or answering questions like “How likely is jail time for first DUI?” it’s important to have a clear understanding of what is meant by the phrase “first offense DUI”.

We can break this phrase down into two key components: first offense and DUI.

The “first offense” simply means that it’s your first time being caught and charged with a DUI. If you have any previous DUI convictions on your record, then any future DUI you get will not count as a first DUI offense.

The “DUI” part, of course, refers to the act of driving while under the influence of some sort of substance. Usually, it’s alcohol, but you can also be charged with a first DUI and face possible jail time and license suspension if you drive after using cannabis or other drugs, too.

From a legal perspective, a DUI involves the following factors:

• The defendant’s driving was impaired by their consumption of drugs or alcohol.
• OR, the defendant had higher than .08 blood alcohol content while driving.
• OR, the defendant had higher than .08 blood alcohol within two hours of being behind the wheel.
• OR, the defendant’s blood contained a certain amount of drugs or other substances above the legal limit for driving high.

California DUI Penalties

A first DUI offense in California is typically classed as a misdemeanor, which means it’s not quite as serious as a felony. However, there are still some relatively severe potential penalties that defendants may incur for DUIs in California:

Criminal Penalties

• Fines and fees: $390 to $1,000 in fines.
• Probation: A possibility of three to five years of probation.
• Jail time or alternative sentencing: A jail sentence of up to six months.

Administrative Penalties

• Driver’s license suspension: Up to six months of license suspension for the first DUI.
• Ignition Interlock Device (IID) requirements: Installation of an ignition interlock device for a period of up to six months.

Impact on Car Insurance

• Increase in insurance premiums: Those with California DUI penalties on their record can also expect to pay more for car insurance in the future.
• SR-22 filing requirement: Defendants may have to file an SR-22 insurance document when taking out insurance.

Mandatory Alcohol Education Programs

• Overview of DUI school: Those charged with DUIs in California may also need to attend DUI school. This is where you may have to undergo various courses to learn about the risks of reckless driving. This education is designed to minimize the risks of a future DUI arrest.
• Duration and completion requirements: Typically, a first California DUI will lead to a period of three to nine months of DUI school.

Factors That Affect the Penalties for a First Offense DUI

A range of factors may impact the severity of the penalties you receive after a first DUI, including:

• BAC level at the time of arrest: Typically, the arresting officers will carry out a chemical test of some kind to determine a driver’s BAC level. In California, anything over 0.8% will result in a DUI charge, but if your level is significantly higher, the penalties may be more severe as the risk of serious accidents and injuries is greater.
• Presence of minors in the vehicle: Driving with children in the car will almost always lead to a more significant sentence. Drivers are responsible for the well-being and safety of any minors in their cars. Driving under the influence with a child can even lead to a felony DUI, rather than a misdemeanor.
• Prior criminal record: Those who have past convictions on their criminal records are also more likely to receive a more severe sentence. This is especially relevant for those with a history of dangerous or reckless driving, as well as endangerment of others or auto-related convictions.
• Aggravating circumstances: The circumstances surrounding the DUI will also be taken into account. If your driving resulted in accidents, injuries, or damage to property, for example, that can all lead to a harsher sentence with bigger fines and more jail time, or longer license suspension and time in a treatment program.

How Likely Is Jail Time for First DUI

In general, it’s likely that most first offenders won’t have to worry about jail time, but it all depends on the circumstances of the case. If the blood alcohol level was particularly high, minors were in the car, or damage was done, the risk of jail time would be higher.

Potential Alternatives to Jail Time

Often, a judge may propose possible alternatives for defendants to agree to instead of time behind bars, such as:

• Work release programs: These programs still involve some time in jail but allow defendants to go out in order to work at their place of employment during the day.
• Community service: A judge may also offer a defendant to do some community service rather than going to jail. This can include various duties to support the local community.
• House arrest or electronic monitoring: In some cases, defendants may also be placed on house arrest and ordered to remain at home for a set period.

Long-Term Consequences After the First Offense

There are also long-term consequences associated with DUI charges, including:

• Criminal record implications: A DUI will remain on your permanent record unless it is expunged with the aid of a Los Angeles DUI lawyer.
• Professional and personal repercussions: Depending on the type of work you do, it’s possible that you could lose your job and/or find it hard to find future employment.
• Subsequent DUI penalties for repeat offenders: If you get charged with a DUI a second or third time, the penalties will be worse, even with the aid of a defense attorney.

Legal Process and Defense Options for First DUI Offense

A defense attorney can help those charged with DUIs to defend themselves. Some of the common arguments or defenses they might use include:

• Improper stop or arrest: The lawyer might argue that the stop was improper or unlawful in the first place.
• Inaccurate BAC testing: They may also argue that the alcohol tests that took place were unreliable.
• Miranda rights violation: Lawyers can also argue that an individual’s Miranda rights had been violated at the time of the stop.
• Rising Blood Alcohol: An attorney can also defend their clients in relation to their blood alcohol results, arguing that their BAC had risen after they finished driving.
• Poorly Administered Field Sobriety Test: They may also argue that any field tests were inaccurate or unreliable, producing results that cannot be trusted.

Role of Los Angeles DUI Lawyer in Cases of First DUI

An LA DUI lawyer can help a person charged with a DUI to understand their situation and prepare an appropriate and effective defense to minimize the risks of serious penalties.

Can My DUI Charges Be Reduced?

Yes, with the aid of a good lawyer, it’s certainly possible to avoid severe sentencing after a first DUI charge.

Being charged with a DUI can be scary, and the penalties may be severe. But, with legal aid, it’s perfectly possible for defendants to escape the harshest charges. So, if you find yourself facing DUI trouble, contact us at the earliest opportunity.

What is the Difference Between Rape and Statutory Rape?

Understanding the distinctions between various offenses is paramount, particularly when it comes to crimes as serious as rape and statutory rape. While both involve non-consensual sexual acts, they differ significantly in their legal definitions, consequences, and the underlying circumstances that lead to criminal charges.

The primary focus of this article is to highlight the difference between statutory rape and rape. Get in touch with us at Manshoory Law Group if you have been charged with any of these offenses. We will help you build a solid defense strategy. Call us at (877) 977-7750 for a free consultation. 

What is Statutory Rape?

In California, statutory rape refers to consensual sexual activity between an adult and a minor who cannot legally consent to sexual intercourse. The age of consent in the state is 18 years. Therefore, engaging in sexual intercourse with someone under 18, even if the minor willingly participates, is considered statutory rape.

California Penal Code Section 261.5 outlines the specifics of statutory rape. According to this statute, unlawful sexual intercourse occurs when an adult (age 18 or older) engages in consensual sexual activity with a minor (under 18). The law acknowledges that the child may willingly participate, but the rationale is that the minor lacks the legal capacity to provide valid consent.

Note that there are no “Romeo and Juliet” laws in California. Sexual activity with a minor is always illegal, even if you are close in age. 

The Penalties for Statutory Rape

Statutory rape can be charged as either a misdemeanor or a felony. You will most likely be charged with statutory rape as a misdemeanor if the age difference between you and the victim is not more than three years. As a misdemeanor, statutory rape attracts a jail sentence of up to one year. 

On the other hand, if the age difference between the adult and the minor is greater than three years or if the minor is under 16, statutory rape is typically charged as a felony. Felony statutory rape convictions can lead to more severe penalties, including a state prison sentence of up to four years. 

What is Rape?

California Penal Code 261 defines rape as the act of engaging in sexual intercourse with another person under any of the following circumstances:

• Lack of consent — The sexual intercourse was committed against the other person’s will or under conditions in which the perpetrator knew or reasonably should have known that the other person was incapable of giving legal consent.
• Force or fear — The act was accomplished by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
• Incapacitation — The victim was prevented from resisting due to intoxication, unconsciousness, or any other condition rendering them incapable of giving legal consent.

Consent is a crucial element in California’s legal definition of rape. If a person does not willingly and voluntarily agree to engage in sexual intercourse, it may be considered rape under the law. Moreover, using force, fear, or taking advantage of the victim’s incapacitation is treated seriously and may lead to rape charges.

The Penalties for Rape

In California, rape is categorized as a felony. The punishment for rape typically includes a state prison sentence of three, six, or eight years and mandatory registration as a sex offender for life. 

However, if the victim was a minor under 14, you may receive a state prison sentence of up to 13 years. Moreover, the judge will lengthen your imprisonment term to up to 11 years if the victim was between 14-17 years old. You may also receive an additional three- or five-year prison term if the victim suffered great bodily injury due to your actions. 

A rape conviction is also considered a strike under California’s Three Strikes Law. If you get convicted of another serious felony later, your penalty will be automatically doubled. Then, if you pick up a third conviction of another serious felony, you may get up to life in prison. 

Difference Between Rape and Statutory rape

Statutory rape and rape, both encompassing non-consensual sexual activity, differ significantly in their legal definitions, the role of consent, the age of involved individuals, and the corresponding penalties. Below, we discuss the difference between rape and statutory rape: 

Legal Definition

Statutory rape pertains to engaging in sexual intercourse with a minor below the legal age of consent, regardless of the minor’s willingness. The focus here is on the age of the individuals rather than the use of force or coercion. 

Conversely, rape involves engaging in sexual intercourse without the other person’s explicit consent. This is normally achieved through force, violence, or coercion.

Consent

Consent holds no legal standing in statutory rape cases. Even if the minor willingly participates, the law deems it non-consensual due to the minor’s inability to provide valid consent. In contrast, the presence or absence of consent is central in distinguishing consensual acts from rape.

Age of the Individuals

Statutory rape centers around the age difference between the parties, focusing on whether one person is below the legal age of consent. In contrast, the age of the individuals is not determinative in rape cases, where the primary consideration is the issue of consent and the potential use of force or coercion.

Penalties

Statutory rape is categorized as a wobbler, meaning it can be charged as either a misdemeanor or a felony. The severity of the penalties varies based on the circumstances of the case. 

In contrast, rape is classified as a felony with more severe consequences. Penalties for rape may include imprisonment in state prison for up to eight years, mandatory sex offender registration for life, and other potential legal ramifications.

Legal Defense Strategies for Statutory Rape and Rape Charges 

Defending against statutory rape and rape charges requires a comprehensive legal strategy, as these are serious and complex criminal offenses. The specific approach will depend on the unique circumstances of the case, but here are some common defense strategies:

• Consent — In rape cases, consent is a central issue. If you can establish that the sexual activity was consensual and that the other party willingly participated, it can be a crucial defense. Gather evidence that supports the presence of genuine consent, such as communication records or witness statements. However, consent is not a valid defense in statutory rape cases. 
• Age of consent — In statutory rape cases, proving the alleged victim was 18 years or above can be a strong defense.
• Alibi — If you prove that you were not present at the location or time the alleged offense occurred, this can be a strong alibi defense.
• Insufficient evidence — Your attorney can challenge the prosecution’s evidence by highlighting inconsistencies, unreliable witnesses, or lack of physical evidence.
• Illegal search and seizure — Evidence obtained through an unlawful search or seizure may be inadmissible in court. Challenging the legality of the evidence can be a viable defense strategy.

Sometimes, negotiating a plea bargain may be in your best interest, such as a lesser offense or less severe penalties. This can be a strategic way to minimize the potential consequences.

The best way to build a solid defense is to consult a qualified criminal defense attorney specializing in sexual assault cases. An experienced attorney will assess the specific facts of your case, craft a strong defense, and represent your interests in court.

Need an Experienced Criminal Defense Attorney? Contact Us Today for a Free Consultation 

At Manshoory Law Group, we specialize in criminal defense. We can provide expert guidance for individuals facing California statutory rape and rape charges. Our experienced attorneys are committed to safeguarding your rights, constructing a compelling defense, and pursuing the best possible outcome for your case. 

Contact us today for a free, confidential consultation, and let us stand by your side as you navigate the legal complexities ahead. Call us at (877) 977-7750.

Larceny vs Theft: What’s the Difference?

A lot of people aren’t sure about the specific meanings of certain legal or criminal terms, especially those that sometimes seem to be used interchangeably, like larceny vs theft. However, when it comes to theft vs larceny, there is a clear distinction. So, if you’re wondering about what is larceny and theft, this guide will cover all you need to know.

What is Larceny?

Let’s start off our larceny vs theft guide with a closer look at larceny. Larceny is the term given when someone takes the property of another person or entity unlawfully. In general, larceny is simply a type of theft, with specific elements that must be met for it to qualify as “Larceny”. Here are the main elements to watch out for:

• Taking and carrying away – In terms of larceny vs theft, larceny usually involves someone physically taking an item or piece of property from another person or group.
• Personal property of another – The term “Larceny” is usually used in situations where a physical piece of property is taken, rather than something digital or immaterial.
• Without consent – For a crime to count as larceny, the property needs to have been stolen without the consent or permission of the owner.
• With the intent to permanently deprive the owner – The ultimate aim of larceny is to take something away from an owner on a permanent basis.

Common examples of larceny may include someone shoplifting food from a store, pickpocketing a wallet from a person in the street, or stealing a bicycle that was left outside a home.

What Is Theft?

To understand what is larceny or theft, we also need to know how theft is defined. Theft is a very broad and general term for all sorts of stealing, which can include the stealing of physical items, as well as identity theft, grand theft auto, theft of a business’s intellectual property, and so on.

Just like larceny, theft has several key elements:

• Unlawful taking – Theft must involve the unlawful stealing or taking of something from another person or entity, like a group or business.
• Personal property, services, etc. – While larceny is primarily concerned with physical items, theft can also include stealing services, identities, and so on.
• Without the owner’s consent – Like larceny, theft only concerns situations where something was taken without consent from the owner.
• With the intent to permanently deprive the owner – Again, like larceny, theft must always be with the ultimate intent of taking something from the owner permanently.

Some common examples of theft may include the burglary of a home, a robbery of a business, or embezzlement of funds.

Larceny vs. Theft: What is the Difference

When we look at the overall definitions and elements of theft vs larceny, there are lots of similarities. However, every criminal defense attorney understands the difference, and it’s important to know what separates larceny from other forms of theft:

• In general, larceny is legally defined in most locations as a form of theft. Theft is a broader term that encompasses different types of stealing, while larceny is concerned with the stealing of physical property from its owner.
• There are also jurisdictional differences between larceny and theft. Some jurisdictions may treat larceny and theft the same way, but others may have slightly different definitions and interpretations, which could lead to different punishments.
• Following on from the previous point, larceny may have different punishments compared to various other forms of theft. In general, given that theft is a broader term, it can lead to a much wider range of punishments and sentences.
• Given the similarities between theft and larceny, it’s common for confusion to occur when dealing with these kinds of cases. For example, an accused individual may want to understand their employee rights when accused of theft and how those rights differ in cases of larceny. This is why it’s vital for defendants to have access to legal aid.

How Does California Define Larceny and Theft?

In general, the state of California uses the terms theft and larceny interchangeably. Crimes that involve stealing property from others can be categorized as either theft or larceny, and this can cause confusion. A Los Angeles Theft Crimes Lawyer can help defendants understand the details of their case when facing larceny charges regarding stolen items or the theft of property.

As we can see, understanding the intricacies between a theft charge or larceny criminal charges isn’t always easy. There’s a lot of confusion, especially as states can have different definitions and approaches to larceny and theft. If you’ve been charged with either crime, a criminal defense attorney can help. Contact us for a free consultation.

What is Bribery of a Witness in California?

Few charges hold as much weight as those involving bribery of a witness. For individuals facing such allegations, the complexities of the legal system can seem overwhelming, placing their freedom and reputation on the line. 

As a trusted criminal defense law firm dedicated to safeguarding our clients’ rights, we at Manshoory Law Group understand the anxiety and uncertainty that come with these charges. We firmly believe everyone deserves a fair chance to present their side of the story and receive diligent legal representation. Call us today at (877) 977-7750 for a free consultation if you have been charged with bribery of a witness. 

The California Legal Definition of Bribery of a Witness 

In California, bribery of a witness is a serious criminal offense that is defined under Section 137(a) of the Penal Code. This statute outlines the specific actions that constitute bribery of a witness and the potential penalties that can be imposed upon conviction.

According to the California Penal Code Section 137(a), bribery of a witness occurs when a person directly or indirectly offers, gives, or promises to give anything of value to a witness or a person about to be called as a witness, with the intent to:

• Influence testimony — Corruptly influence the testimony of the witness in an official proceeding, whether that proceeding has already commenced or is anticipated in the future.
• Induce absence — Induce the witness to be absent from any official proceeding where their testimony may be material.

Note that bribery of a witness charges are not limited to situations where a witness has been successfully influenced or where an official proceeding has been disrupted. The mere act of offering, giving, or promising something of value with the intent to achieve any of the outcomes mentioned above constitutes a criminal offense.

What the Prosecution Must Prove 

In a prosecution for bribery of a witness in California, the prosecutor must prove several key elements. These elements must be proved to the standard of beyond a reasonable doubt to secure a conviction. 

This is because they are crucial components of the case and establish the foundation for the charges against the defendant. The elements that the prosecutor must prove include the following:

• Offer, giving, or promising something of value — The prosecutor must establish that the defendant offered, gave, or promised something of value to a witness or a person about to be called as a witness. This could include money, gifts, favors, services, or any other form of consideration.
• Intent — The prosecutor must demonstrate that the defendant acted with the intent to corruptly influence the witness’s testimony or induce their absence from the legal proceedings. 
• Official proceeding — The prosecutor must establish that the witness was involved in an official proceeding. This includes any legally recognized court or administrative proceedings, such as trials, hearings, depositions, and other formal processes.
• Knowledge of witness’s role — The prosecutor must show that the defendant knew that the individual to whom they offered, gave, or promised something of value was a witness or a person about to be called as a witness.

Remember, the burden of proof lies with the prosecution. You may be acquitted if the prosecution fails to prove any of these essential elements to the required standard of beyond a reasonable doubt. 

What are the Penalties for Bribery of a Witness? 

Being convicted for bribery of a witness can lead to significant legal consequences. In California, bribery of a witness is classified as a felony. 

Generally, the penalty for bribery of a witness is an imprisonment term of up to four years. Sometimes, the judge may place the defendant on felony probation instead of or in addition to imprisonment. Typically, the probation term will last for up to two years. 

If you are a non-citizen, you may face negative immigration consequences upon conviction. For instance, you may get deported or become marked as “inadmissible.”

Possible Legal Defenses to Bribery of a Witness 

When facing charges of bribery of a witness, it is crucial to mount a strong legal defense to protect your rights and achieve the best possible outcome for your case. While the specific defenses that can be employed vary depending on the unique circumstances of each case, here are some possible legal defenses that a skilled criminal defense lawyer might explore:

• Lack of intent — One of the key elements the prosecutor must prove is the intent to corruptly influence the witness’s testimony or induce their absence. If your actions were misunderstood, taken out of context, or lacked the necessary corrupt intent, your defense attorney can argue that you did not have the requisite mental state for the crime.
• Duress or coercion — If you were compelled to offer a bribe due to threats, force, or coercion from another party, you might be able to argue that you acted under duress and did not willingly engage in the bribery.
• Entrapment — If law enforcement officers induced or coerced you into committing the offense when you would not have otherwise done so, you might have a valid entrapment defense.
• Lack of knowledge — If you were unaware that the individual you offered something of value to was a witness or was about to be called as a witness, your attorney might argue that you lacked the necessary knowledge for the charge.
• Insufficient evidence — Your attorney can challenge the evidence presented by the prosecution and highlight any inconsistencies, contradictions, or lack of conclusive proof of your guilt.
• Misidentification — If there is a possibility of mistaken identity or misidentification, your attorney can present evidence to support this defense.
• Constitutional violations — If your rights were violated during the investigation or arrest process, such as illegal search and seizure or improper questioning without Miranda warnings, your attorney can argue that the evidence obtained in violation of your rights should be excluded.
• Testimonial privilege — In some cases, individuals have certain privileges that protect them from disclosing certain communications or information. If your actions were based on protected communications, your attorney can argue that the testimony should be privileged.
• Character witnesses — Your attorney may present character witnesses or evidence of your good reputation to counteract the negative portrayal presented by the prosecution.

Remember, every case is unique, and the effectiveness of these defenses will depend on the specific details of your situation. It is crucial to work closely with a skilled criminal defense lawyer who can analyze the facts, gather evidence, and craft a defense strategy tailored to your case’s strengths and weaknesses.

What Other Criminal Offenses are Related to Bribery of a Witness? 

There are three criminal offenses closely related to bribery of a witness. These criminal offenses include the following: 

• Bribery of an executive officer — Penal Code 67 states that it is unlawful to bribe an executive officer. Here, an executive officer means individuals such as the District Attorney and police officers. The general penalty for this criminal offense is an imprisonment term of a maximum of four years. 
• Bribery of a legislator — Penal Code 85 makes it illegal to bribe a legislator or use corrupt means to influence their voting decisions. Here, a “legislator” includes state legislators and those of a city or county board. The punishment for this offense is an imprisonment term of a maximum of four years. 
• Bribery of a judicial officer — Penal Code 92 makes it a felony to offer or give a bribe to a judicial officer, such as a judge, arbitrator, or juror. The penalty for this offense is a state prison sentence of up to four years. 

Noting the grievous penalties associated with these offenses, you will need to build a solid defense strategy if you have been charged with any of them. Hiring a skilled criminal defense lawyer can greatly bolster your chances of winning the case. 

Need a Criminal Defense Lawyer? Contact Us Today for a Free Consultation!

If you find yourself charged with bribery of a witness, take the proactive step of securing experienced legal representation. Our team at Manshoory Law Group is here to listen, understand, and advocate for you. 

Your future is worth protecting, and we are ready to guide you through this complex legal journey. Do not navigate these charges alone. Call us today at (877) 977-7750 for a free consultation, and let us start building your defense. 

Accessory to a Crime: Criminal Charges of Being An Accessory After The Fact in California

Aiding an individual who has engaged in unlawful activity in certain manners could lead to facing charges for the criminal offense known as being an accessory to a crime. There can be two categories of accessory to a crime:

Accessory before the fact, which involves assisting another person before they carry out a murder or crime. This might entail purchasing a firearm for someone with the awareness that it will be used to inflict harm on another individual.

Accessory after the fact, which involves supporting another person after they commit a crime. For instance, this could involve providing transportation in a getaway vehicle following the killing.

What is an Accessory After The Fact

Supporting and assisting a convicted felon or someone facing felony charges is unlawful. The reality is that if you engaged in certain illegal activities you could be charged as an accessory after the fact in California. Now, you have created legal troubles for yourself. The law is not concerned with your relationship and bond with the person you helped protect from their legal obligations. Being an accessory after the fact puts you in the crosshairs of the law.

There are several reasons a person may offer aid to another person who is facing arrest, has a court date, or was convicted of a crime. When it comes to those that you care for and love, if their future is grave due to their legal situation, you may be motivated to help them in some way in an attempt to keep them from having to endure a harsh penalty. And, while your intentions may be earnest, if you shelter, conceal, or otherwise aid a felon, this is a crime in the state of California. The crime is known as “accessory after the fact.”

If you were arrested for being an accessory after the fact, you might be confused about what your charges are and what they mean for your future. In this situation, you need experienced and seasoned legal counsel to help you with your case. The Los Angeles criminal defense attorneys at Manshoory Law Group can meet with you and discuss your legal predicament. It is possible to fight your charges to secure the best possible outcome, and an attorney at Manshoory Law Group is ready and prepared to build and execute the right defense strategy.

What are the Penalties for Accessory After The Fact?

It may seem like harboring someone or doing something that shields them from seeing through with their legal responsibilities is not too big of a deal. You may think this, especially if your actions were out of love for the individual that you took into your custody. The reality is that being an accessory after the fact in California means you could be facing a felony offense.

Accessory after the fact is a wobbler crime. What this means is that the prosecutor can charge you with either a misdemeanor or felony offense at their own discretion. What they will do is look at both your background and the details of the actual, alleged crime to help them figure out which level should be charged.

In fact, if an individual assists in the death of another person but is not physically there when the homicide takes place, they may face charges as an “accessory to murder“., which is a felony charge in California.

Misdemeanor charges can lead to a sentence of county jail for as long as one year and as high as a $5,000 fine. On the other hand, a felony charge could come with up to three years in state prison and a fine of up to $5,000.

Examples of Being an Accessory After The Fact

There are several ways that your actions could be seen as violating the law and fall under the accessory after the fact crime umbrella. Some of the most common examples of what it means to be charged with accessory to murder include:

• Any way you assist a felon to escape an impending arrest.
• Lying about the whereabouts of another party who committed a felony crime by providing an untrue alibi.
• Being the driver of a car that flees the scene of a felony crime.
• Hiding someone who allegedly committed a felony offense in your house while law enforcement is looking for them.

What Does the Prosecution Have to Prove To Get a Conviction?

When you are on trial for a criminal offense, you must be found guilty beyond a reasonable doubt for a conviction to ensue. So it is the burden of the prosecution to show that there is no conceivable way that you could be innocent of your charges. For the prosecution to have success with an accessory after the fact charge, they must prove the following four elements were true:

1. The individual who was alleged to have been protected and concealed was actually guilty of a felony offense or actively facing felony charges.
2. You had knowledge of the felony charges or the conviction of the individual in question.
3. Despite knowing about a person’s felony situation, you still actively tried to hide or aid them.
4. Your actions were a direct result of the individual’s legal situation, and you were trying to help them evade their trial or punishment.

Defenses for Accessory After The Fact

There may be several legal defense strategies at your disposal that can help you beat your charges. If certain factors and details in your case can be proven, then you may be able to have your charges dropped.

Examples of defense approaches for overcoming accessory to a crime or accessory of murder charges may include:

• You did not engage in certain actions as a way to help an individual that committed a felony crime avoid penalty because you did not know that they committed a felony crime in the first place. You were completely unaware of their criminality, and so your actions were not intentional concerning shielding the individual from harm.
• You were in a precarious situation at the time where you harbored the individual who committed a felony crime because you were being intimidated and under duress. You feared for your life and your own safety, so you felt forced to aid the felon.
• You took no willful action to harbor or aid a felon; you were simply a bystander who was around during the time that the felon was trying to hide themself.

Your attorney at Manshoory Law Group will do a comprehensive review of your unique situation to determine the best plan for defending you against the most severe outcomes.

Is Expungement Possible for Accessory to a Crime?

Expungement is the process of having one’s criminal record either sealed or erased. Expungement is ideal- when it is possible – because it gives a person a new lease on life without a criminal record. Essentially expungement means that the criminal conviction has been removed from one’s background.

It is never ideal to have a criminal record, no matter what the charges are. This is why it is not uncommon to want to know if there are any options for clearing one’s record so it does not adversely impact the rest of their life. In the case of an accessory to a crime conviction, expungement may be possible.

Accessory after-the-fact charged and convicted at the misdemeanor level has the potential for expungement. It is necessary that for any chance of getting your conviction expunged, you must have finished your jail or probation sentence.

Felony convictions where probation is the sentence can also possibly be eligible for expungement. But charges for accessory to murder may not always be expunged. Sentences that impose state prison for accessory after the fact, though, will not be eligible for expungement. When a state prison results, there is no possibility within the law for expungement.

Call an Attorney At Manshoory Law Group Today

When you are facing criminal charges that could lead to prison time and costly fines, as well as the establishment of a criminal record, then it is imperative that you have the best legal counsel and representation. In California, the Los Angeles criminal defense lawyers at Manshoory Law Group have the background and experience to help you secure results.

Contact an attorney at Manshoory Law Group to have the peace of mind that your attorney is entirely and wholeheartedly committed to helping you overcome your charges and get the ideal outcome. The team at Manshoory Law Group solely concentrates on criminal defense, so our team is laser-focused and not distracted by trying to engage in many other different areas of the law.

For all your questions and to have your case evaluated by a seasoned criminal defense attorney during a free consultation, please call Manshoory Law Group today at (877) 977-7750.

Is a DUI a Felony or a Misdemeanor?

A DUI (driving under the influence) is when a person is found to be operating a vehicle while intoxicated by substances like drugs or alcohol. It’s one of the most common crimes in modern America, with over 1.5 million DUIs recorded each year. But is a DUI a felony or misdemeanor? Find out in the guide below.

So, is a DUI a felony or a misdemeanor? Well, that depends on several factors, including the location where the crime occurred and the criminal history of the person involved. When it comes to the DUI felony or misdemeanor debate, the vast majority of states class first-time DUIs as misdemeanors, but elevate the crime to a felony for repeat offenders.

When is a DUI a Misdemeanor?

In the eyes of the law, a misdemeanor is classed as a “minor offense”. This means that it isn’t punished as harshly as a felony, and is generally seen as far less serious or severe than other crimes.

When it comes to whether a DUI is a misdemeanor or felony, most DUIs will be classed as misdemeanors if it’s the person’s first offense. This is true in all states except New York, New Jersey, and Washington.

Potential Penalties and Consequences of a Misdemeanor DUI Conviction

It’s worth noting that even if a DUI counts as a misdemeanor, it can still lead to some serious punishments, including the risk of jail time. Other possible punishments may include large fines, the temporary suspension of a driver’s license, and a term at DUI school.

When is a Felony DUI?

In the US, a felony is the term used for crimes that are considered to be more serious than minor offenses or misdemeanors. These crimes are often capable of causing more damage or harm to the public and are treated more seriously overall, with harsher punishments for the accused.

Factors That Can Elevate a Dui Charge to a Felony

When it comes to DUI felony or misdemeanor, there are several factors that may cause a DUI to be treated as a felony DUI, rather than a simple misdemeanor, including:

• Prior DUI Convictions – If a person already has DUI charges on their criminal record, including misdemeanor charges, any subsequent DUI offense is likely to be classed as a felony DUI charge.
• Injury or Death – If a person is driving under the influence and causes an accident that leads to injury or loss of life, it’s also likely that they will face a felony charge, instead of a simple misdemeanor DUI.
• Suspended License – Those who are found to be driving under the influence of drugs or drunk driving while having their license suspended or revoked will also typically have to deal with felony charges.
• Child Endangerment – If you drive under the influence with a child or children in the car, this may fall into the category of child endangerment, which is more serious than simply driving alone.

Penalties and Consequences of a Felony DUI Conviction

It’s important to understand the differences between misdemeanor and felony consequences and punishments. Felony punishments tend to be more severe, involving longer time behind bars, larger fines, and much longer periods with a suspended or revoked license. Those who are charged may also need to spend lengthy amounts of time in mandatory rehabilitation programs to learn more about the risks of driving drunk or high.

Common Defenses Against DUI Charges

Now we know the answer to “Is a DUI a felony?” and how states separate DUI misdemeanor or felony charges, but what can be done in defense of a person facing one of these charges? Well, a criminal defense attorney may be able to provide certain arguments in favor of the defendant.

• They could challenge the legality of the traffic stop or checkpoint which led to the arrest in the first place.
• They may also argue against the reliability of drug or alcohol testing methods and results, as these tests are sometimes unreliable.
• They can also mount an argument against any in-field sobriety tests or judgments that were made about the driver’s state.
• There’s also a possibility of questioning the handling of evidence related to the suspected DUI, which could lead to a case being thrown out.

Role of Legal Representation in Building a Defense Case

A Los Angeles DUI Lawyer or other attorney is crucial in terms of building a valid and believable case in the defendant’s favor. Without proper legal representation, many defendants risk facing the worst possible penalties, but with the aid of a lawyer, it’s possible to vastly reduce or even avoid a sentence. Plus, lawyers can assist with other matters or answer questions you have about your DUI, like how long does a DUI stay on your record.

As we can see, DUIs need to be taken seriously, as they can result in serious punishments and lifelong consequences. If you’ve been charged with a DUI, legal help is available. Contact a trusted DUI lawyer for a free consultation.

What Is the Legal Limit for Driving High in California?

California has some of the most relaxed cannabis laws in the US. However, there are still some question marks and gray areas that need addressing, like the concept of driving high. Many people want to know if driving while high is illegal, and what is the legal limit for driving high in California. So, can you drive high? This guide will provide all the answers.

Understanding Impairment

First of all, before we look at the legality of driving while high, it’s important to understand the relevant risks and dangers. Just like alcohol, marijuana can have intoxicating effects. People who are under the influence of marijuana can have different perceptions of things like distance and time, as well as slower reactions and impaired decision making.

This means that a person driving high could make mistakes while behind the wheel. They might fail to break in time to stop at a set of traffic lights or a stop sign, for example, and this can easily lead to crashes, collisions, and all of the unfortunate consequences that come along with road accidents, like injuries and even fatalities.

Driving High: Legal Limit for Driving High

Clearly, driving high is dangerous, but can you drive high from a legal perspective? Well, at the moment, California does not have any legal set limits for driving while high. Instead, the state law simply says that drivers may be charged if they are found to be under the influence of THC.
This is different to the “Per se” laws of other states, which involve set limits of detectable amounts of THC. Per se laws involve testing a suspect – using either blood or urine – to measure the THC concentration in their body and determine whether or not it’s above the legal limit for driving high.

This isn’t the case in California, which creates a lot of confusion for both drivers and law enforcement officers. Ultimately, it’s up to the officers to determine if the driver is impaired to a sufficient level and unable to safely operate their vehicle.

Prosecution and Penalties for Driving High in California

California’s Vehicle Code outlines a range of possible penalties for those who are caught driving under the influence and judged to be incapable of safely operating their vehicles:

• 1st DUI – 6 months in jail, up to $1,000 fine, up to 9 months in DUI school, up to 10 months suspended license
• 2nd DUI – Up to 1 year jail, up to $1,000 fine, up to 30 months DUI school, 2 years of suspended license
• 3rd DUI – Up to 1 year jail, up to $1,000 fine, 30 months DUI school, 3 years revoked license
• Misdemeanor DUI with Injury – Up to 1 year jail, up to $5,000 fine, up to 30 months DUI school, up to 3 years revoked license
• Felony DUI – Up to 16 years state prison, up to $5,000 fine, up to 30 months DUI school, 5 years revoked license

Arrest and Investigation Procedures

First, officers will need to arrest a person they feel to be under the influence of marijuana. In California, as in many other states, law enforcement may carry out random checks or set up DUI checkpoints to verify whether or not drivers are under the influence.

Officers may use their discretion to determine if a driver could be under the influence. They may proceed to perform certain tests in order to confirm their suspicions, which may ultimately lead to an arrest and charges.

Evidence Collection and Testing Methods

Typically, evidence collection for drugged driving involves urine and blood testing, similar to checking if someone is driving under the influence of alcohol. After consuming cannabis, THC remains detectable in the blood and urine, and these tests can identify those traces of THC in cannabis users.

Consequences of Driving High in California

As listed in the table above, charges may include prison time, large fines, terms in DUI school, and the revoking or suspending of a driver’s license. These are all serious punishments and DUIs will be left on a person’s permanent criminal record, as well (How Long Does A DUI Stay on Your Record).

Defenses and Challenges for Marijuana DUI in Los Angeles

A criminal defense attorney can be of assistance to those who have been charged with driving under the influence of marijuana. An attorney may be able to help in various ways, by challenging the validity or reliability of test results, which often produce inaccurate data, for example, or providing expert testimony on the subject of marijuana impaired driving. Lawyers can also demonstrate that a driver has a medical need for marijuana, which may help their case.

Wrongfully Accused of Driving High in Los Angeles

If you’ve been wrongfully accused of driving while intoxicated in LA, a Los Angeles DUI Lawyer can help. It’s vital to contact a lawyer to build up your case and present a strong argument in your favor, which could help you avoid serious punishments, like fines and jail time.

Los Angeles Gangs and Their History

Los Angeles is known for its glitz, glamour, and movie stars. However, the city is also known for its gangs. Los Angeles gangs have been a part of the city of angels for decades and remain a significant problem.

What Is Considered Gang Activity?

California has a history of fighting gang violence with tough sentencing laws for close to 30 years. While this goal is laudable, the tough stance the State has on gang violence has led police to associate individuals with these organizations simply based on where they live. In order for a prosecutor to charge a person with a gang-related crime, the group with whom the person is allegedly connected must fit within the state’s definition of a gang. Specifically, a group can be considered a gang if it has three or more members that use a common name or identifying mark, and engage in criminal activity.

Gang activity can take many forms, but it generally involves criminal behavior carried out by a group of people identifying as part of a gang. This criminal behavior can include drug trafficking, robbery, assault, and murder. Gang members often use symbols, hand signs, and colors to identify themselves and show their allegiance to a particular gang.

California has two laws that are commonly used to penalize gang activity under what is known as the STEP Act (California Street Terrorism Enforcement and Prevention Act): participation in a gang and a sentencing enhancement provision for crimes connected to the gang. A discussion of what the prosecutor must prove in order to convict or enhance a sentence related to gang activity will follow below.

Participation in a Gang

People get involved in gangs for many different reasons. Some join gangs to seek a sense of belonging and acceptance, while others are forced into gangs by peer pressure or threats of violence. Gangs can also provide a source of income for some members through illegal activities such as drug trafficking or robbery.

California law says it is a crime to participate in and assist a gang with criminal activity. In order to convict a defendant for this offense, the state must prove the defendant:

• actively participated in the gang (more than passive association, but frequently hanging out with known gang members could satisfy this requirement);
• knew the members were involved in a pattern of criminal activity, which relates to the commission of two or more specified crimes on two or more occasions by two or more people within three years of one another; and
• knowingly assisted, furthered, or promoted felony criminal conduct (directly committed a felony or aided and abetted a felony).

This offense is a wobbler and can be charged as a misdemeanor or felony. The potential sentences range from one year in county jail up to three years in State prison and the imposition of substantial fines.

Sentencing Enhancement for Gang Association

California law has a sentencing enhancement for gang association, which means that if a person is convicted of a crime and is found to be a gang member, their sentence can be increased.

If a defendant is suspected of committing a crime in connection with a gang, the prosecutor can seek to impose a sentence enhancement that would extend the individual’s sentence to varying degrees depending upon the underlying crime. Before the sentencing enhancement may be applied, the prosecutor must first prove the defendant was guilty of the underlying crime, and then prove the following:

• the underlying crime was committed for the benefit of, under the direction of, or in association with a criminal gang; and
• the crime was committed with the intent to further, assist or promote the criminality of the gang.

Note that active membership or participation in the gang at the time of the crime is not required before the sentence enhancement can be applied. As mentioned above, the amount of sentence enhancement depends upon the underlying crime and can range from two years in State prison to a life sentence. Determining how long the additional sentence would be is somewhat complicated. Moreover, it is essential to note that not everyone associated with a gang is involved in criminality, and consulting a criminal defense attorney is advisable to assess the specifics of a particular case.

Understanding Los Angeles Gangs

Los Angeles is home to some of the most notorious gangs in the country, including the Bloods, Crips, and MS-13.

These gangs have been involved in various criminal activities, including drug trafficking, murder, and robbery. Gang members often use graffiti to mark their territory and send messages to rival gangs. This graffiti can be seen on buildings, fences, and other structures throughout the city.

The History of California Gangs

The history of California gangs can be traced back to the early 20th century.

In the 1920s and 1930s, Mexican-American gangs formed in Los Angeles in response to discrimination and poverty. These gangs were often involved in fighting each other and the police.

During the 1940s and 1950s, African-American gangs also began to form in response to discrimination and poverty. These Los Angeles gangs included the Bloods and Crips, which are still active today.

The 1960s and 1970s saw an increase in gang activity in Los Angeles as drug use and violent crime rates rose.

The 1980s and 1990s were marked by high-profile gang-related crimes, including the crack epidemic and the 1992 Los Angeles riots.

In the early 2000s, the FBI launched a crackdown on California gangs, which resulted in the arrest of many high-ranking gang members.

How Do the Police Deal with Gangs in LA Today?

Today, the Los Angeles Police Department (LAPD) has a specialized unit called the Gang and Narcotics Division responsible for investigating and prosecuting gang-related crimes. The LAPD also works closely with federal law enforcement agencies, including the FBI and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), to combat gang activity.

The LAPD also has community programs to prevent young people from joining gangs. These programs provide mentorship, job training, and other resources to help young people stay out of gangs and build a better future for themselves.

California’s Gang Database is another significant aspect of Los Angeles’ gang culture. This repository of information is essential for documenting and tracking the activities of various gangs operating in the region. Law enforcement organizations can benefit from the Calgang Database, which gives them comprehensive profiles of known gang members, their associations, and their criminal history. The database aids in identifying patterns, understanding gang dynamics, and implementing targeted strategies to combat gang-related crime.

List of Top Los Angeles Gangs and Their History

• The Grape Street Watts Crips: The Grape Street Watts Crips are a street gang based in the Watts district of Los Angeles, California. They are a smaller branch of the greater Crips gang and are well-known for their violent crimes, robberies, and drug trafficking.

• The Avenues: The Avenues is a street gang based in Los Angeles’ Highland Park area. They are notorious for their close ties to the Mexican Mafia and are involved in a number of illegal operations, such as the trafficking of illegal drugs, extortion, and murder.

• Armenian Power: Also known as AP-13, Armenian Power is an Armenian-American street gang headquartered predominantly in Southern California. They have engaged in a number of criminal activities, such as racketeering, organized crime, identity theft, and drug trafficking.

• Sureños: The name Sureños, which translates to “Southerners” in Spanish, refers to a group of street gangs that are connected to the Mexican Mafia. Although they are mainly active in Southern California, they also have a sizable presence in other states. The Norteños is a different gang alliance with roots in Northern California, and the Sureños gangs are notorious for their feud with the Norteños gang.

• Wah Ching: Wah Ching is an Asian-American street gang that has its roots in San Francisco and Los Angeles’ Chinatown areas. Wah Ching has engaged in a number of illegal acts, such as the trafficking of illegal drugs, extortion, and organized crime.

• Aryan Brotherhood: A white supremacist prison gang known as the Aryan Brotherhood was founded in the California jail system. They are widely spread across both state and federal prisons in the US. The gang is well-known for its affiliation with organized crime, including drug trafficking, extortion, and brutality, as well as for its white supremacist ideology.

• MS-13: The Mara Salvatrucha, also known as MS-13, is a transnational street gang that started in Los Angeles and has since spread throughout the United States and Central America. The majority of the individuals in this gang are of Salvadoran descent. MS-13 engages in a variety of illegal operations, such as extortion, assault, drug trafficking, and people trafficking.

• The Bloods: A well-known street gang called The Bloods got their start in Los Angeles, California, in the early 1970s. The predominant color of the gang is red, and its members are frequently recognized by their red-colored attire and accessories. The Bloods have increased their territory in different American towns and states. They are fierce rivals with the Crips, another well-known street gang, which has led to constant conflict and violence over territory.

• Florencia 13: Florencia 13 is a Hispanic gang based in the Florence-Firestone area of Los Angeles. The gang has been involved in drug trafficking, robbery, and murder. Florencia 13 is known for using graffiti to mark its territory and its rivalry with other Hispanic gangs in LA.

Speak to a Criminal Defense Attorney

Being associated with gang violence have serious legal consequences. Under California law, a person can be charged with a crime simply for being associated with a gang. This is a sentencing enhancement that can result in a longer prison sentence if the person is convicted of a crime.
If you are facing charges related to gang association, it is vital to contact criminal attorneys with experience handling these types of cases. A criminal defense attorney can help you understand your legal rights and work to build a strong defense on your behalf.

What Is Forensic Evidence and Its Use in Criminal Trials

Since the Industrial Revolution, society has advanced from a state in which most were unaware of why food spoiled, for instance, to a state in which refrigerators speak to their owners. Similarly, criminal prosecution has advanced from law enforcement questioning everyone in the vicinity of a crime to using science to figure out what happened and who is potentially responsible. In order for a person to be found guilty of a crime, some sort of evidence needs to be shown or found that can prove their guilt. There are different kinds of evidence, and forensic evidence is one of the most important varieties. Scientific-based evidence is referred to as forensic evidence. In this guide, we’ll answer key questions on this subject, like what forensic evidence is and what forensics’ role is in criminal law.

What is Forensic Evidence?

So, what is forensics, and what do we mean from a legal, official perspective when we talk about forensic evidence? In simple terms, forensic evidence is any kind of evidence that is obtained via scientific methods, like blood tests, DNA tests, ballistics analysis, and so on. It’s the kind of evidence often shown in popular crime shows on TV, and it can be crucial in coming to a fair and justified decision in a legal case. Although television crime dramas, present the discovery of forensic evidence as a fait accompli to a conviction, in real life, such is not always the case. Forensic evidence can be challenged, and challenged successfully, and retaining the services of an experienced criminal defense attorney can be crucial to having forensic evidence dismissed from a criminal matter.

Where Does Forensic Originate?

We’ve looked at what is forensic evidence, but what does forensic mean? Well, the word “forensic” actually comes from a Latin word, “forensis”, which refers to something that is “in open court” or “in public”. This ties into the idea of forensic testing involving public examinations and discussions regarding a legal case or criminal situation. In ancient times, forensic experts were individuals who possessed specialized knowledge and skills that could be applied in legal proceedings to help solve crimes and disputes. Over time, the field of forensics has evolved and expanded to encompass a wide range of scientific and technical disciplines that are used to investigate and analyze evidence related to criminal investigations, civil disputes, and other legal matters. Today, forensic science plays a critical role in the criminal justice system and has become an integral part of many criminal investigations around the world.

Common Types of Forensic Evidence

So, now we know what forensic means, let’s take a look at some typical examples of the sorts of evidence that forensic testing can provide. It’s important to note that forensic science is capable of finding a wide range of different types of evidence from crime scenes to help in the investigation and prosecution of criminals. The California Bureau of Forensic Services (BFS) operates ten regional laboratories for assisting law enforcement agencies that do not have access to in-house crime laboratories. As part of this system, the BFS collects evidence in the following areas: :

• Controlled Substances and Clandestine Drugs – Possession, usage, and sale of certain drugs and substances can be serious crimes. Forensic experts can make use of various forms of forensic analysis and scientific tests to check for traces of different substances either in a person’s body or on an object.
• Physical Evidence – Forensic examiners are able to use scientific testing to search for and locate a range of different types of physical evidence, which can include bodily fluids like blood, urine, and semen, as well as ballistics, shoe prints, tire tracks, trace evidence of fire debris and gunshot residue, and much more.
• Digital Evidence – As well as physical evidence, forensic scientists can also aid law enforcement in the discovery of digital evidence. This can include things like hidden files on computers and hard drives, recovery of damaged or broken computers and other devices, scanning of mobile telephones, and so on.
• BPA – BPA stands for bloodstain pattern analysis, and this can be another effective form of forensic testing – just as important as DNA analysis or checking for fingerprints. It involves examining bloodstains at a crime scene in order to determine the likely actions that caused those stains to appear.
• Fingerprint – Every human has their own unique fingerprint – even twins have been proven to have separate fingerprints, despite sharing the same DNA – and we leave fingerprint marks behind on the things we touch or hold. Forensic professionals can find fingerprints that might otherwise be invisible through procedures like dusting and fuming.
• DNA – DNA evidence is one of the most common forms of forensic evidence and can be one of the most damning pieces of evidence against a defendant. DNA is essentially the unique genetic code that every human carries in their bodily cells, and it can be found in hair, saliva, blood, and more.

How Can Forensic Evidence Help?

In many legal cases, situations can involve the word of one person or group against the word of another, and it can be difficult for any judge or jury to make a fair decision on which side to believe based purely on their words. This is where evidence comes in. Forensic evidence can support the argument of the defense or prosecution, and judges and juries will be much more likely to decide in favor of those who can provide compelling scientific evidence for their claims.

Challenging Forensic Evidence in a Criminal Matter

When forensic evidence is introduced, as with all allegations in the American system of justice, it is the proponent – the prosecution, in a criminal matter – that typically bears the burden to show the evidence is reliable. Establishing the reliability of forensic evidence requires demonstrating the validity and acceptance of the underlying scientific theory by the relevant scientific community. Secondly, there must be proof the technique applying the theory was also valid. Finally, the proponent must show the technique was properly applied in the specific case. Other reliability factors include the existence of literature supporting or rejecting the theory and technique, the potential rate of error of the technique, confirmation of the technique by others, and the experience and skill level of the person who applied the technique. All of these factors can provide an avenue to challenge the introduction of such evidence, and it will typically fall on the criminal defense attorney to introduce flaws in the technique in an effort to get the evidence disqualified from introduction at trial.

Speak to a Criminal Defense Attorney

If you, or a loved one, have been arrested on suspicion of committing a crime, and the possibility exists that forensic evidence may be used against you, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys at our office have years of experience in criminal law, and we will do our best to ensure that any faulty bit of evidence is properly excluded from the prosecution’s case, giving you, or your loved one, the best possible chance at defending the charges asserted against you. Attorneys are available 24/7 to take your call. Contact us today for an initial consultation.

How Long Does the Prosecutor Have to File Criminal Charges?

Merely being suspected of committing a crime, regardless of whether a defendant is charged, is an extremely nerve-racking experience. Initially, dealing with law enforcement, which is structured to be an intimidating situation, can tend to make even the toughest cringe in fear. In some cases, once this procedure is over, there may be a waiting period while the prosecutor reviews the evidence to determine whether to file charges. Retaining the services of an attorney experienced in criminal defense can be crucial not only to ensure that the accused has an effective defense but also to ensure that the prosecutor does not violate the applicable statute of limitation.

A Texas man, arrested on a narcotics charge in 2012, was matched with DNA evidence linking him to multiple homicides nationwide and covering the years from 1970-2005. In the end, the man, who confessed to the Texas Rangers of committing nearly 90 murders, could very well be this country’s most prolific serial killer. A discussion of the statutes of limitation, generally, as well as the different time limits in California’s criminal code, will follow below.

What is the Process for a Prosecutor to Charge You With a Crime

You might worry or wonder about what happens next if you’re accused or suspected of a crime. Specifically, a lot of suspects wonder how long does it take to press charges on someone and how long does the DA have to file charges? In this guide, we’ll answer the key questions you need to know, including how long does the district attorney have to file charges? We’ll look through the various stages of the process for filing charges and see how and why a prosecutor might decide not to press or proceed with criminal charges.

Arrest and Police Report

Of course, the first stage in most criminal situations is an arrest. Not all crimes will involve an arrest – for example, getting a parking ticket doesn’t usually lead to any kind of arrest report – but many serious crimes will involve the arrest of a suspect by the police.

After arresting a suspect, law enforcement will move on to filing a police report. This report describes the cause of the arrest and the details surrounding it, like any witnesses, the nature of the crime, the location, and so on.

The police report is one of the main resources that the prosecutor will use to determine whether to file charges, not pursue any charges, or refer the case to a Grand Jury and ask for their guidance on the next steps.

Deciding to Prosecute

In the US justice system, simply being arrested does not automatically mean you’ll have charges filed against you. It’s all up to the prosecutor, or DA, and they have to take several factors into account, including:

• Use of Resources – There are limited resources available to handle cases, and it’s simply not feasible to file charges against everyone. The prosecutor has to decide which cases are a good use of the resources they have.
• Policies – Each prosecutor usually has a set of policies regarding which crimes they tend to file charges for and which ones they’re more lenient towards.
• Beliefs – The prosecutor’s own beliefs and subjective opinions on the concepts of justice and order can also come into account. They might have very strongly-held beliefs about specific kinds of crime, for example.

So, how long does it take to press charges on someone? In general, if a prosecutor decides to go ahead with criminal charges, they’ll make the decision within just a few days, well within the statute of limitations.

Grand Jury Indictment

We’ve looked at how long it takes to press charges on someone, but in some cases, the DA might decide not to press charges right away and instead go to a Grand Jury. The Grand Jury then decides if charges should be filed, based on the evidence presented by the prosecutor.

Preliminary Hearing

In some cases, a judge can organize a preliminary hearing in which they listen to evidence from the prosecutor and make the final call about whether or not there is sufficient evidence to proceed to a full trial. How long does the DA have to file charges for a preliminary hearing? Again, it’s usually just a matter of days.

Criminal Charges

If you’re facing criminal charges of any kind, you might have many other questions to ask, as well as wanting to know how long the district attorney has to file charges. A criminal defense attorney can help, and it’s recommended to contact a trusted attorney as soon as possible to get the best level of protection and support.

Statutes of Limitation

Although criminal cases follow a typical routine, there is a specific time period within which charges can be filed against an individual. This time period is set forth in a statute of limitation. Generally, statutes of limitations are laws that set the maximum time after an event within which legal proceedings may be initiated. In a criminal matter, when the statute of limitations has expired, the courts no longer have jurisdiction.

The purpose of statutes of limitations is to protect defendants. As time passes, defendants may lose evidence or not be able to support his/her defense. Additionally, as alluded to above, litigation of a long-dormant criminal charge may result in more cruelty than justice.

California’s Statutes of Limitations

Statutes of Limitations in California criminal matters tend to follow the severity of the penalty for the crime, specifically, the general limits on filing criminal charges are:

• Felonies punishable by imprisonment for eight years or more – six years after commissioning of the crime;
• Other felonies– three years; and
• Misdemeanors – one year.

Crimes that are wobblers, meaning they can be charged as either a misdemeanor or a felony, are subject to the time period in the statute of limitation for the crime the prosecution chooses. Thus, a wobbler charged as a misdemeanor is subject to the one-year statute of limitation, while one set as a felony would be either three or six years, as appropriate.

There are two exceptions to the above time periods. First, crimes punishable by death or life in prison (regardless of the possibility of parole), or the embezzlement of public funds, may be brought at any time. Thus, as an example, there is no statute of limitation for homicide. Second, with regard to certain crimes of a sexual nature (i.e., rape, sodomy, etc.), charges may be brought within one year of the establishment of the identity of a suspect by DNA testing, regardless of the date the crime was actually committed. Thus, in these instances, the statute of limitations begins after DNA testing has been completed and a suspect identified, and not when the crime occurred.

Speak to a Criminal Defense Attorney

If you have been charged with a crime, or suspect that you may be charged with a crime, contact the criminal defense attorneys at Manshoory Law Group, as soon as possible. The attorneys understand the situation you are facing and can help you navigate the criminal system. We will work to ensure your rights are not infringed, or, if so, to have the charges against you dismissed. Attorneys are available 24/7 to take your call. Contact our Los Angeles criminal defense firm today for an initial consultation.