Criminal Law Blog

What is a Probable Cause and How Does it Affect Police Action

Probable cause is a legal requirement that the police need to have to conduct a search or arrest someone. The Fourth Amendment contains this term, and its purpose is to protect you from unlawful searches and arrests. Probable cause often causes confusion, but this guide should help clarify all details regarding this term!

What Is a Probable Cause?

According to the probable cause law definition, it’s a situation where any reasonable person would suspect criminal activity. The crime could be in progress now, or it might have been done in the past. It can even refer to a criminal activity that could happen in the foreseeable future. The legal requirement is that there is enough evidence or circumstances to indicate a potential crime.

Probable cause gives the police power to make an arrest or search a person or property. However, it’s the judge that gives the last word regarding the validity of probable cause. If the judge doesn’t confirm the probable cause, citizens have the right to file a lawsuit for unreasonable searches and seizures. Don’t hesitate to contact our lawyers if you’ve been in a similar situation. Probable cause was added to the Constitution to protect the citizens, so with a judge’s decision, you have good odds of winning the lawsuit.

Probable Cause to Arrests

According to the Fourth Amendment, police officers always need probable cause to make an arrest. The vital thing to underline is that the concept of “probable cause” is abstract. It refers to the entire set of circumstances surrounding the event. The crucial consideration is that the circumstances should be objective and not based on “hunch” or speculation.

There’s no firm definition of probable cause for an arrest. Check out these examples:

• There was a gas station robbery, and a police officer received a robber’s description. A few miles from that location, an officer stops a car for speeding. The driver matches a description, and there’s a pile of cash on the passenger’s seat. That can be probable cause to arrest the driver. But if the driver doesn’t fit the description and there are no additional indicators of a crime, there wouldn’t be probable cause.
• An officer stops a car for speeding. Four persons are inside, but he gets the driver’s consent to search the vehicle. He finds drugs in the passenger compartment. No one admits ownership, and the officer can arrest all four persons based on probable cause.

In some situations, the police won’t conduct an arrest without getting a warrant first. This means a judge will check if there’s probable cause and issue an arrest warrant after confirming the request. But if a police officer arrests without the judge’s approval, the defendant can challenge that action. It helps to have an experienced criminal defense lawyer when challenging this decision. If the arrest was invalid, any evidence collected after that arrest would be inadmissible in court.

Probable Cause to Search

Police don’t need the warrant to conduct a search of your vehicle or property. It’s enough to believe there was probable cause. However, most officers decide to wait for a warrant. That way, they left the judge to decide which secures the evidence would be admissible in trial.

Probable cause to search indicates that the police will find evidence at the location they want to search. The police need to convince the judge that they will happen to receive a warrant. Police don’t need to have court-level evidence but must present reliable information.

Here’s what the police usually needs to get a search warrant from a judge:

• Police informant with a history of providing reliable info
• An informant ready to incriminate themselves to bring other people to justice
• A police officer who was at the scene or has reliable information
• An informant who provided info that the police partially confirmed as accurate
• A victim that reported the crime
• Witness that was there during the criminal activity

Police officers can search your vehicle or property if they get your consent. However, you have the right to refuse the search. If the officer continues the search, you can challenge their action in court. The police can also search someone’s house if an emergency affects someone’s life.

Can You Be Detained without a Probable Cause?

Yes, it’s possible for an officer to briefly detain you even if they don’t have probable cause. All they need is reasonable suspicion. The most common example of these detentions includes traffic stops. If you get detained, it helps to be polite. You should identify yourself to the police since that could shorten the detention time.

The detention duration is only described as “briefly.” It can take less than a minute and extend to over an hour. The law indicates that the detention shouldn’t last longer than necessary to establish whether the officer’s suspicions of a crime were legit.

If the police officer detains you, you can’t leave the spot. Depending on the situation assessment, the officer might put you in handcuffs or frisk you (search for weapons).

What Happens When There’s Failure to Demonstrate?

The officer won’t always get an arrest or search warrant but act on believing they had probable cause. If that happens, they will need to demonstrate probable cause in court. The judge will hold a probable cause hearing to determine if the actions were legit. The first option is to confirm, which means the police officer didn’t violate your rights when arresting you.

But if the police fail to demonstrate probable cause, the case gets rejected. So your arrest becomes unlawful, and any evidence gathered during the action isn’t admissible in court.

What’s the Difference Between Probable Cause and Reasonable Suspicion?

Reasonable suspicion doesn’t require actual evidence of a crime. It comes before probable cause and gives the police the right to detain you. An officer establishes reasonable suspicion based on their experience and training, as well as circumstances pointing to criminal activity. For example, if they see a car changing lanes quickly and not being able to keep a straight line, it’s reasonable suspicion for DUI.

Officers act on reasonable suspicion to determine if there’s probable cause. That involves evidence or “objective” circumstances pointing to criminal activity. For example, a drug bag on the passenger seat is probable cause for search and seizure during a traffic stop.

What Are the Legal Repercussions?

The probable cause should be enough to get different types of warrants. That includes those for searching and seizing property. If a police officer is present during criminal activity, they have the right to make an arrest.

Even if you believe the arrest is unlawful, don’t resist it. You can challenge the probable cause in court later. There’s a legal way to challenge the action if the judge didn’t approve it. However, it helps your case if you collaborated during the process. If the judge determines there was no probable cause, the police officer can be held accountable for illegal detention, false arrest, and even evidence planting. It’s vital to have an experienced defense attorney on your side during the process!

Get Help from a Los Angeles Criminal Defense Lawyer

If you were arrested and/or searched by police for suspicion of a crime, you need an experienced criminal defense to protect your rights. An attorney will know how to assess the circumstances of your interaction with the police to determine if the police acted in violation of the law. Attorneys at the Manshoory Law Group, APC represent clients throughout Los Angeles and will work to ensure you receive justice. Lawyers are available 24/7. Contact us for a free consultation.

What is the Bar Exam? How to Become a Member of Bar Association

Have you ever wondered what does bar stands for law industry professionals? The term bar refers to the entire legal profession. It could be a lawyers’ institution on a national level or in a particular state, such as the California Bar Association.

The experts agree that the term originates from England. That’s where it was coined in the 16th century. Today, the bar is a word that commonly describes the line that separates the courtroom. The spectators remain in a separate area while those who “passed the bar,” such as lawyers, can be in the other part.

In this guide, we’ll talk more about the bar associations but also exams required to practice law in California and the US. Keep reading to discover the specifics of different exams and associations!

What Is the State Bar of California?

The State Bar of California is a vital component of the legal system. The Legislature established this authority in 1927, and it serves as a body that regulates and licenses lawyers.

What is the Bar Association’s mission? The primary focus is on protecting the public and serving the people of California. They do that by overseeing the legal profession. At this point, more than 250,000 lawyers have acquired their licenses from the State Bar.

Who Governs the State Bar?

The Board of Trustees is the governing body of the State Bar. They usually have six meetings annually, although the number varies on different factors. These meetings occur in Los Angeles or San Francisco, which is where the State Bar has its offices. Urgent conferences might also occur over the internet.

There are 13 members in the Board, and those include:

• Two attorneys, one appointed by the Speaker of the Assembly and the other by the Senate Committee.
• Five attorneys instated by the California Supreme Court.
• Six members of the public who don’t have to be attorneys.

The Board designs any guiding principles and policies to meet the body’s primary goals.

What Does It Do?

The official website of the State Bar of California mentions their main objectives:

• Regulate the practice of law and the legal profession in California.
• Licensing new attorneys and administering the California Bar Exam.
• Suggesting and enforcing the Rules of Professional Conduct for lawyers.
• Monitoring to ensure all individuals who practice law follow the rules and laws.
• Administering sanctions and disciplinary actions against those who violate laws or rules.
• Improving overall access to justice for citizens.
• Promoting inclusion and diversity in the legal system.

If you contact attorney offices for a legal matter, make sure your case gets handled by a licensed lawyer. That will ensure you can file a complaint with the California Bar Association if you don’t feel the representation was adequate.

How Does It Work?

The State Bar regulates the legal profession. They license lawyers and oversee the practice of law in California. This association is in charge of handling complaints that clients have about attorney misconduct. The info on their website suggests that they have about 16,000 complaints every year. Based on the investigation, the bar can suggest suspension or disbarment. The State Bar Court makes that decision, but the Supreme Court needs to confirm it.

This authority also serves to improve access to justice, and the quality of service lawyers provide to citizens. You can use the State Bar to find free legal help, lawyer referral service, etc. Each lawyer has a public profile on the bar’s website. It helps potential clients to see their previous misconducts and other relevant details.

The bar distributes grants to legal aid organizations. You can apply for a grant if you are a legal service organization providing services on the territory of California. The estimation is that around $78 million is available annually for this purpose.

What Is the Bar Association?

The bar association is a professional lawyer organization on a specific territory. It can be a national entity, such as the American Bar Association. That’s the biggest voluntary lawyer association in the world. It serves as the legal profession’s national voice. You also have state bar associations, which are official lawyer associations in those jurisdictions.

What Is the Role of the Bar Association?

We know “what does bar stand for,” but what’s the role of the bar association? It should regulate the entire legal profession on its territory. The bar designs and implements Rules of Professional Conduct for existing attorneys and also issues licenses for those who want to become lawyers.

The role of the bar association is to ensure all who practice law follow the rules and guidelines of this organization and profession overall. They deal with complaints and ensure that anyone who violates the law gets disciplined.

Does California Have a Mandatory Bar Association?

Yes, California has a mandatory bar association. The word mandatory means that it runs an integrated bar, which works together with the system of courts. That means you need to be an active member of this association to practice law in the State of California.

What Is the Bar Exam?

So, what’s a bar exam? That’s an examination that’s a vital part of what you need to become a lawyer. It’s a series of tests that anyone who wants to be an attorney must pass before getting their license. The bar exam is necessary for all areas, so it doesn’t matter whether you want to become a criminal defense lawyer or specialize in another field.

There are two approaches that states across the US take for validating lawyer licenses. More than 20 states (the number keeps increasing) accept the Uniform Bar Exam. This is a standardized bar examination whose aim is to check the skills and knowledge of those who want to be licensed attorneys.

The National Conference of Bar Examiners designs the tests for this examination. The major advantage is that the test is valid in over 20 jurisdictions. Some states might require additional tests and checks, but they will admit your UBE score.

UBE and MBE: Components of the Bar Exam

The first question to ask is, “what is the bar association in charge in my jurisdiction?” In California, The State Bar has a specific exam you need to pass to practice law on its territory. A portion of this testing is the Multistate Bar Examination.

That exam is part of the UBE, which is a Uniform Bar Examination acknowledged in over 20 states. However, other components included in requirements vary depending on the process you choose.

UBE (Uniform Bar Exam)

Have you ever wondered why it is called the bar exam? The bar refers to the zone in front of the magistrate, and you need to pass the exam to access it. In other words, you need to pass the bar to practice law.

If you choose the UBE form, you’ll have the following three components:

• Multistate Bar Examination
• Multistate Essay Examination
• Multistate Performance Test

You can take UBE twice per year, and the entire exam lasts two days.

MBE (Multistate Bar Exam)

This is the crucial component of the UBE format since it takes 50% of the entire score. You’ll also find the State Bar of California uses this test as a part of their exam.

The Multistate Bar Examination consists of 200 questions. You have multiple choices and a total of six hours to work on the test. Its main purpose is for the relevant industry experts to see if you are ready to practice law. The questions might be from constitutional law or any other relevant area. The applicant proves that they can implement legal reasoning and principles bypassing the Multistate Bar Exam.

MEE (Multistate Essay Exam)

This is not a classic test but rather a set of essay questions. You’ll get six questions and 30 minutes to answer each. The examiners look for the candidate’s capability to discuss factual scenarios and real-life legal situations. The Multistate Essay Exam also shows you can set aside important information that’s not relevant for a legal issue. Finally, the answer in writing will ensure you can analyze and present your reasoning in a clear way. The UBE system considers MEE to carry 30% of the total worth.

MPT (Multistate Performance Test)

The last UBE component takes 20% of the entire UBE scoring. You’ll have two different exams, and they last 90 minutes each. The test will put you in realistic scenarios that you should be able to handle as a beginner. It serves for beginners to see if you can apply fundamental lawyer skills. The Multistate Performance Test is worth a fifth of your total UBE scoring.

What are the Requirements to Practice Law in California

The important thing to emphasize is that California isn’t among the states that recognize the Uniform Bar Exam. If you want to practice law in this state, you’ll need to acquire the State Bar’s license.

Here are the steps to follow to become an attorney in California:

1. Register as an attorney applicant or a law student. Unless you qualify for an exemption, you’ll need to provide a Social Security number.
2. Meet the legal education requirements. The most common method is spending three or four years at a law school or accredited by the ABA or the State Bar of California. You can also apply after they study for four years under a state attorney or judge or spend at least 864 hours preparing at a registered distance-learning facility.
3. The testing process. You’ll need a passing score at the California Bar Examination and the Multistate Professional Responsibility Examination (MPRE). First-year law students might need to pass another exam, too.
4. Moral character determination. It involves a background check, which can last up to six months.

How Hard is the Bar Exam?

The California Bar Exam is necessary for anyone who dreams about the legal profession in this state. This exam is quite hard, which is why you need serious preparation. The biggest problem is that the State Bar only holds this aspiring lawyers exam twice per year. That doesn’t give you many attempts to try and pass the test.

According to statistics, about 16,000 individuals apply for the bar exam each year. In 2021, there was a 39.6% passage rate in February and a 52.6% passage rate in July. It’s notable that, on most occasions, more than 50% of first-timers pass the test. The rate is often under 30% for repeaters.

What is the Format?

All applicants will go through multiple tests over the course of two days. The tests include:

• 90-minute Performance Test
• Five 60-minute essay questions
• The Multistate Bar Examination (MBE)

Now you know what’s a bar exam, as well as all the details about it. If you are in California and want to practice law, you need to acquire a license from the State Bar. Passing the State Bar exam is among the crucial requirements to get your license!

What Is Court-Ordered Rehab, and How Does It Work? 

Addiction and substance abuse are huge problems worldwide. Unfortunately, abusing substances can often lead to social misconduct and unacceptable behaviors, including committing a crime. We can see a large number of DUIs and crimes committed under the influence.

That’s when addiction doesn’t only harm the individual, but other people, too. It’s also where court-ordered rehab comes into play.

Here are all details about this treatment that could inspire a positive change!

What Is a Court-Ordered Rehab?

This treatment serves as an alternative to incarceration. The judge can issue court-ordered rehab when they believe this approach is more beneficial than jail time. The idea behind these treatment programs is to help the individual deal with addiction and prevent future problems.

The statistics indicate that persons under the influence of alcohol or drugs often commit crimes. DUIs, domestic violence, and property crimes are the most common categories.

Substance abuse can lead to criminal incidents, but it’s also a public health matter. It’s why the experts suggest involuntary rehab can be a successful alternative sentence for these offenders.

What Are the Different Types of This Rehab?

The law recognizes two different paths to receiving court-mandated rehab. The first one features criminal cases, which is when the offender faces potential jail time. It’s up to the judge to decide and recommend rehab instead of incarceration.

California is among the states that implemented involuntary commitment laws. That opens another path to rehab in this territory. It gives a family member an option to file a petition to see if their loved one meets the criteria required to get this treatment.

Orders for Rehab in Criminal Cases

Substances like alcohol or drugs play with our minds. Many offenders would never commit a crime if they were sober. But if they are under the influence, that increases the chances of illegal action. For example, if someone is a drug addict, they might have an extreme craving. It could lead them to steal money or attack someone to get money for drugs.

After the person gets caught, the judge will assess the case. Many judges are open to issuing a court-ordered drug treatment instead of incarceration. If it’s the first crime that person committed or they get a trustworthy criminal defense lawyer, it increases the odds of getting this alternative sentence.

Emergency Orders for Drug Rehab

Who’s the first one to recognize that an individual has a problem? It’s family members, close friends, or a loved one. The option to push for an emergency order for involuntary rehab gives an option to the family to act before an addict commits a crime.

It’s possible to get an emergency order for rehab in California. Here is how the process works:

1. You submit a petition to the relevant court. Make sure that you actually believe the person really requires a court-ordered treatment.
2. The person will be assessed. Any evidence and testimonies will be presented to the judge. They look for proof that the person’s mental health is poor, they lack self-control, or they pose a danger to themselves or others.
3. The court decided to hold the individual for involuntary assessment. The addiction treatment the judge orders can last up to 60 days.

Who Is Eligible for Rehab in California?

If we are talking about criminal cases, first-time offenders have a high chance of getting rehab instead of jail time. Therefore, the judge will analyze all relevant factors before recommending drug rehab California treatments.

These include:

• Type and severity of the crime. Non-violent crimes often motivate judges to consider recommending a rehab program.
• Violation frequency. First-time offenders have higher chances of qualifying for court-mandated rehab. If it’s a repetitive crime, you could be facing incarceration or prosecution.
• Substance abuse led to the crime. If abusing drugs or alcohol led to the criminal act, it could serve as a ground for alternative sentencing.
• Qualification for probation. If a probation sentence is possible, it could include drug rehab.

The court needs to be convinced that the offender could benefit from rehab. That’s why it can help to have a skilled drug lawyer with years of experience by your side.

How Long Is Court-Ordered Rehab?

The judge will decide the length of court-ordered treatment. However, the rehab cannot be longer than 60 days. Some offenders find that enough time to start thinking rationally. They could even decide to continue the rehabilitation to achieve complete sobriety.

Doctors and professional counselors might recommend earlier rehab releases. However, the court also has the right to prolong their initial order. They usually do that if they get negative testimony from relevant experts for that case.

Can You Refuse Court-Ordered Treatment?

It’s theoretically possible that your specific treatment breaches your constitutional rights. For example, that happens if the court orders you to attend a drug addiction program based on religion. If you believe that’s your situation, don’t hesitate to contact attorney experts in that area.

But if that’s not the case, you can only refuse involuntary rehab to switch it for other legal penalties. The only possible alternative might involve prosecution or jail time. That makes these treatments the best legal option and not only a potentially wise choice for your long-term health.

Who Pays for Court-Ordered Rehab?

The person who received the order is the one that needs to pay for the treatment. Some insurance plans might cover a portion of expenses or the whole program. You also keep the right to pick the facility where the rehab will occur. Some national institutes might offer subsidized, or reduced payments that ensure the offender can cover the costs.

It’s vital noting that a team of professionals will monitor you during the treatment. That includes healthcare providers and legal professionals. The idea is to ensure you comply with the order but also to provide a useful therapeutic experience.

Is Involuntary Rehab Effective?

A study published in 2006 revealed that involuntary rehab is every bit as effective as voluntary treatments. That’s encouraging, as well as the fact that these programs have a higher attendance percentage overall.

The motivation for rehab might be lower, especially in the beginning. However, the long-term success results are encouraging. Involuntary treatments have similar abstinence and employment rates to voluntary programs.

How to Choose a Court-Ordered Treatment Program

Your selection of available facilities will depend on the court order. The system aims to identify the best treatment for every individual.

That could include:

• Accelerated pretrial rehab program. These are for non-violent crimes and first-time attendees of these treatments. The offender can get charges dropped if they finish the rehab successfully.
• Educational programs. It’s the most common program found in court orders. It’s because it’s affordable, but also because it’s a frequent choice for DUIs and similar alcohol-caused crimes. You might qualify for sealing court files after completing this program.
• Group counseling. You’ll often find this rehab works on the famous 12-step model to fight addiction.
• Residential counseling. This is a demanding program for alcohol and drug offenders. You might find this program in large prison systems.
• Detox and inpatient rehab programs. If the court issues, you’ll need to stay in a detox center under medical supervision. Another option is an inpatient facility that replaces a harsh sentence or incarceration. You might get community service hours as part of your punishment.

Apart from this, you can consider the location and cost of the facility. You can even look for other features offered by a particular treatment facility to ensure they meet your needs.

Should You Hire a Criminal Defense Lawyer If You Have Not Been Charged With a Crime?

All defendants in criminal cases have the right to representation by a lawyer.  Criminal cases are the only instance where a court will appoint a lawyer to help you exercise your rights; defendants in civil lawsuits are not guaranteed professional legal representation. 

In the case of financial misconduct, civil and criminal wrongdoings overlap substantially.  For example, victims of fraud have the right to sue their scammers for damages in the amount that the scammers stole from them, whether or not any criminal charges are filed in connection to the matter. 

If there are allegations floating around about shady dealings on your part or on the part of businesses you control, it is a good idea to consult a lawyer to find out the best way to protect yourself even if no civil or criminal cases have officially begun and the accusations are still only on the level of social media rumors.  If, however, you have formally been charged with wire fraud or tax evasion, you need a Los Angeles federal criminal defense attorney.

More Trouble Ahead for Fatburger Bigwig?

FAT Brands is a Beverly Hills-based company that franchises several popular restaurant chains, including Fatburger, Round Table Pizza, and Johnny Rockets.  Its CEO Andrew Wiederhorn is no stranger to Hollywood glitz, being related by marriage to several reality TV personalities and Internet-famous folks.  He is also no stranger to fuzzy financial records and run-ins with the law.  In the mid-2000s, he served a 16-month prison sentence in Oregon after pleading guilty to filing a false tax return.  After his release from prison, he moved to California for a new start.

While he has not been charged with any crimes in California, the FBI is conducting an investigation into alleged securities and wire fraud, money laundering, and attempted tax evasion on Wiederhorn’s part.  The FBI is investigating allegations that Wiederhorn and his family members took out millions of dollars in loans from his companies in order to reduce the companies’ tax obligations.  Several credit card charges in the hundreds of thousands of dollars, for luxury items and legal fees for Wiederhorn and members of his family also raised red flags. 

In December, the FBI raided the home of Wiederhorn’s son Thayer and daughter-in-law Brooke, whose mother Kim Richards appeared on the Real Housewives of Beverly Hills television show.  The purpose of this investigation is to determine whether there is enough evidence to charge Wiederhorn with a federal crime such as wire fraud or tax evasion.  Even if Wiederhorn gets criminal charges, he will have the presumption of innocence until he enters a guilty plea or is convicted at a jury trial.

Contact the Manshoory Law Group About Federal Financial Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are facing charges for tax evasion, wire fraud, money laundering, or another financial crime.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Six California Defendants Plead Guilty After Purchasing Luxury Items With Fraudulently Obtained Credit Cards

Many cases of identity theft involve defendants stealing victims’ personal identifying information and obtaining credit cards in the victims’ names.  If anything, credit card companies are overly eager to flag individual purchases as fraudulent, but they are less skilled at telling whether or not they should issue a credit card to the person on the other end of the phone line or web portal. 

No sooner do you swipe your card at Chateau Marmont, when Master Card sends you a text message that might as well say, “Are you sure that was you?  You seem more like an In-N-Out Burger kind of guy.”  Even though credit card fraud is one of the easier crimes to pull off, it does not mean that the legal consequences for it are not serious.  If you are being accused of making unauthorized purchases by using someone else’s personal identifying information, contact a Los Angeles identity theft lawyer.

Court Orders “Million Dollar” Jones to Pay More Than Half That Amount in Restitution

Beginning in November 2016, Trace Jevon Jones, who goes by the nickname “Million Dollar” began to obtain people’s credit card information, although news sources and the Department of Justice website do not indicate how he did this.  Jones and five co-conspirators would contact American Express and impersonate the cardholders, claiming to need replacement cards.  When American Express issued them replacement cards, they bought luxury items such as handbags, jewelry, and shoes from Los Angeles area stores such as Barneys, Gucci, and Goyard.

By 2019, the FBI had uncovered the scheme, and when officers arrested Jones in downtown Los Angeles, he was experiencing homelessness.  Jones pleaded guilty in September 2020 to aggravated identity theft and conspiracy to commit bank fraud. 

As of February 2022, five of the six defendants have received sentences:

• Jones, 33, was sentenced to 48 months in federal prison.  He must also pay $521,128 in restitution to American Express, which reimbursed its customers for the defendants’ fraudulent purchases.
• Terry Ellis, Jr., 40, of Chino, was sentenced to two years in federal prison.
• Davion Raymone Ellis, 32, of Eastvale, was sentenced to three years in federal prison.
• Cherelle Daire Beal, 31, of Eastvale, was released from jail after receiving credit for time served and is now serving a three-year sentence of supervised release.
• Miranda Clare Hensley, 31, of Las Vegas, received the same sentence as Beal.
• Jonathan Randall Ross, 33, of Canoga Park, has yet to receive a sentence.

News outlets did not include any details about the role of each co-conspirator in the case or about any plea deals or other circumstances that could have led to the variety in their sentences.

Contact the Manshoory Law Group About Financial Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are facing criminal charges for identity theft, credit card fraud, or another financial crime.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Can a Plea Deal Turn a Drug Trafficking Charge Into a Simple Possession Charge?

More than half of defendants in criminal cases plead guilty to their charges, and if you have never been formally accused of a crime, you might wonder why so many people plead guilty.  Cases where defendants plead guilty to crimes they did not commit happen much more often than you might imagine.  In some cases, defendants plead guilty because police, prosecutors, or even public defenders bully them into it, such as by convincing them that the jury will never believe them even if they tell the truth or that the judge will never allow the defendant’s attorney to present evidence that indicates the defendant’s innocence, or at least casts doubt about the defendant’s guilt.  In other instances, though, a defendant pleads guilty to a crime, because the crime they actually committed is even worse, and through a plea deal, the prosecution agrees to drop other charges if the defendant pleads guilty to the lesser crime.  Likewise, the sentences tend to be lighter in cases where defendants plead guilty than those where they are convicted at trial.  If you have been offered a plea deal for a drug offense, or if you want to know if it is possible to seek one, contact a Los Angeles drug crimes defense lawyer.

Victorville Man Gets Plea Deal After Drug Bust

In December 2021, Ismael Barbosa was staying at the Extended Studio Hotel at Victorville, and police began to suspect that he was selling drugs out of his hotel room.  ON December 22, police executed a search warrant of Barbosa’s room, and they found two firearms without serial numbers, as well as fentanyl, methamphetamine, ammunition, drug packaging materials, and large amounts of cash.  Barbosa was not in his room at the time; he was out driving, and police pulled his car over at a traffic stop and arrested him.

After the arrest, prosecutors charged Barbosa with transporting and selling controlled substances and possession of a firearm by a convicted felon. Barbosa pleaded not guilty to those charges, but after prosecutors offered him a plea deal, he withdrew his plea of not guilty.  In January 2022, he pleaded guilty to possession of a controlled substance while armed with a loaded firearm.  A judge sentenced him to two years of incarceration in the California Institution for Men in Chino.  Before entering the plea of no contest, Barbosa, 28, had been at the High Desert Detention Center in Adelanto.  The judge had set his bail amount at $150,000, but Barbosa did not post bail.  The Daily Press website did not specify when, if at any time during his sentence, Barbosa will become eligible for parole and whether the time he spent in jail before his sentencing will count toward his sentence.

Contact the Manshoory Law Group About Drug Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of possessing or distributing controlled substances.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California or call (877)977-7750 to discuss your case.

What Is a Schedule 1 Drug? 

The federal law considers a Schedule 1 drug the one that comes with a high potential for addiction and abuse. It’s also a substance that doesn’t have an acceptable safety level to use under medical supervision or accepted medical treatment in the United States at all. Finally, you can’t get a prescription for these drugs.

In this article, we are focusing on discussing the list of Schedule 1 drugs and related Californian law implications. Here is what you should know about using these substances and potential penalties in California!

What Are Drug Classifications?

These are federal drug classifications, which relevant experts designed after serious consideration. Here is the overview of the categories:

• Schedule 1 substances. We’ll focus on Class 1 drugs in this guide. It’s vital to mention that marijuana has a special status in California, although it belongs in this group.
• Schedule 2 drugs. Morphine, cocaine, and methadone are in this category. They have a high addiction risk but come with accepted medical use with certain restrictions.
• Schedule 3 drugs. Codeine, anabolic steroids, and barbiturates are in this class. The US federal law approves medical use, but it can lead to high psychological and moderate physical dependence.
• Schedule 4 drugs. Xanax and Valium are the most famous examples of these substances, which can lead to limited dependence.
• Schedule 5 drugs. This class has the lowest risk of abuse or addiction, such as a cough medicine that contains some codeine.

What Is a List of Schedule 1 Drugs?

We already answered the question, “what is a Schedule 1 drug?” These substances come with a high risk of abuse and addiction. Here is a detailed overview of the drugs in this class.

Heroin

This powder is a highly addictive drug coming from the opium poppy plant. It’s a couple of times more powerful than morphine. You can snort, smoke, or inject it for potential pain relief and a euphoric feeling. Unfortunately, the abusers often aren’t aware of the drug’s actual power, which might be the reason behind overdose cases.

LSD

Lysergic acid diethylamide is a full name that most users probably aren’t familiar with at all. It’s a synthetic hallucinogen, which often alters our minds in positive or negative ways. LSD affects your ability to make rational decisions, and you can experience flashbacks or anxiety after using it.

Marijuana

The answer to the question “is marijuana a Schedule 1 drug,” is yes. It’s because you have a high risk of getting addicted. However, Californian law approves cannabis products for both medical and recreational use. There are certain limitations, which are also mentioned in the federal law. For example, the federal regulations mention that cannabis products with a THC quantity of up to 0.3% are legal.

Mescaline

The other name is peyote, and this is another hallucinogen. Unlike LSD that comes from a fungus, this one is derived from a cactus plant. Visual hallucinations and euphoria are what the users experience after taking it. The side effects are vast and include psychosis, tremors, anxiety, and tachycardia.

MDMA or Ecstasy

MDMA is another synthetic drug with psychoactive properties. It’s a hallucinogen that comes with many side effects, especially with consistent use. That includes depression, losing focus, fatigue, etc. High doses of MDMA can lead to hyperthermia, which could cause organ failure.

GHB

This is an abbreviation for Gamma-Hydroxybutyrate, which you might also know as the date rape drug. It is a CNS depressant many put in alcoholic drinks. Users experience a sex drive boost and euphoria. However, that also comes with side effects like hallucinations, nausea, sweating, and even coma. GHB has been in the Schedule 1 Drug class since 2000.

Psilocybin

If you heard about magic mushrooms, that’s what psilocybin is. This compound comes from mushrooms, and it is a hallucinogen. It can result in a bad trip, which can lead to horrifying experiences after consuming the drug. Although some clinical studies were performed, this is still a Class 1 drug.

Synthetic Marijuana and Analogs

It’s been on the US market since the 2000s. The idea is to duplicate the effect of marijuana, or THC, which causes the psychoactive effect. Synthetic cannabinoids can be harmful and cause tachycardia, hypertension, hallucinations, and anxiety. Some users even reported severe bleeding after taking these compounds.

Methaqualone

This is another synthetic that acts as a CNS depressant. It was popular in the US before the DEA outlawed it in 1980. Also known as quaaludes, this drug induces drowsiness and acts as a sedative-hypnotic. This drug comes with a wide range of side effects, which is common for Schedule 1 substances.

Khat

These are plant leaves that you can chew. They deliver euphoric and psycho-stimulant effects, which can help to deal with fatigue or as a mood booster. However, there are adverse side effects, such as constipation, CNS, metabolic, and respiratory problems.

Bath Salts

These are not the products you use in the bathroom. Instead, these are synthetic cathinones that can lead to dangerous intoxication. Users resort to them as a cheap replacement for cocaine, but they can lead to severe panic attacks, insomnia, and violent behavior. Bath salts are particularly dangerous in high doses.

Why Is Marijuana a Schedule 1 Drug?

If you are wondering “what class drug is a weed in,” the answer is the first. It indicates that marijuana has a high risk of addiction and abuse. However, California law has a special treatment for marijuana.

According to the local regulations, it’s legal to possess up to 28.5 grams of cannabis. That converts to about an ounce of this plant material. The limit for concentrated cannabis is eight grams.

There are some other strict regulations implemented by the Californian law:

• If you are younger than 21, you can’t possess any amount of marijuana because they risk an infraction.
• Those who get caught for possession near or in a school will be charged with a misdemeanor.
• If you possess more than 28.5 grams and you are over 18 years old, that’s an infraction. If you are younger than 18, it’s an infraction.
• You can’t possess any marijuana in an open package or container or a vehicle. That is an infraction.

What Is the Penalty for a Schedule 1 Drug in California?

Schedule 1 drug penalties are harsher than for lower categories of controlled substances. That’s because these have the highest risk of addiction and abuse. Here is an overview of different situations and potential legal consequences.

Possession

Most drug possessions in California end up as misdemeanors. Specific circumstances, such as large drug amounts, can lead to complications and charges of a felony. But how does the law determine you possess those drugs?

The first case is when you have drugs on you. That’s when you exercise direct physical control over the substance, and it’s classified as actual possession. The alternative could be constructive possession, which indicates the drugs were in a place where you can exercise control over them. Let’s say that you were driving a car, and the drugs were in the trunk. It’s somewhere you had access to, which indicates constructive possession.

The possession might not be limited to a single person. If you share it with others, that could indicate joint possession. This is method police often use when discovering who owned the drugs in the first place. If no individual takes the blame, everyone involved gets charges for joint possession.

Selling or Intending to Sell

If you possess a schedule 1 drug with the intent to sell it, the Californian Penal Code considers that a felony. The same applies to other controlled substances. The fines can go up to $20,000, and you could spend up to five years in jail. Your defense could be that the discovery was made during illegal premise searching, or the drugs weren’t yours. A reliable drug crimes attorney can help to come out with an effective defense strategy that can ensure the consequences are as mild as possible.

How do they determine if you have the intent to sell the drug? The usual indicator is you have large quantities of it. However, measurement tools, keeping the drug in small baggies, or having large cash sums can also be among indicators. The more factors implicate you intended to sell the drugs, the more complicated your case is.

Manufacturing

The Californian law considers manufacturing drugs that are among controlled substances a felony. You could be facing anywhere from three to seven years for this crime, while the potential fine goes up to $50,000. There’s no need to handle or use drugs to face these charges.

Here is what could increase a potential penalty for manufacturing drugs:

• A large number of drugs were manufactured.
• There’s a person under 16 years old in the facility where the drugs were made.
• The manufacturing process was occurring within 200 feet of a residential property or structure where people spend time.

It gets worse because manufacturing drugs also come with other charges. Those could include selling drugs, but also gang activity, weapon charges, etc. You might be facing a variety of parole requirements, such as drug testing and check-ins with the parole office. If you have an expert criminal defense lawyer in your corner, they might be able to help get the best possible outcome.

What Does the Controlled Substances Act Do?

The idea of the Controlled Substances Act is to group all substances that the federal law regulates in different categories. The United States Drug Enforcement Administration has five different schedules for all substances. The placement of a particular product depends on safety, medical use, and potential for abuse.

Not all substances are a part of this schedule. It’s also possible to remove a compound from control and transfer it between categories. That requires the authorities to follow the DEA procedures for these matters.

Redondo Beach Man Could Face Life in Prison for Producing 5,000 Exploitative Images of Minors

Unlike most crimes, sexual abuse of children has no statute of limitations.  Many children who suffer sexual abuse are afraid to tell anyone what happened until after victims reach adulthood; if they were very young when the abuse happened, then they might not even know until years after the abuse occurred that what the abuser did to them was against the law.  Adult survivors of sexual abuse have the right to testify in cases related to abuse that occurred decades earlier. 

In the case of crimes involving producing and transmitting images or videos depicting exploitation of minors, the court might order people who purchased copies of the content many years after it was produced to pay restitution to the people whose abuse is depicted in the images, pursuant to the federal Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018.  Meanwhile, the people who record or distribute the images can face long prison sentences.  To find out more, contact a Los Angeles child pornography lawyer.

Defendant Confesses to Soliciting 35 Preteens Online

In September 2021, Billy Edward Frederick of Redondo Beach pleaded guilty to possession of child pornography and enticement of a minor to engage in criminal sexual activity, according to a press release by the Department of Justice.  He was arrested following an investigation that discovered 5,000 images and videos in his Google account of minors engaged in sexual acts. 

The victims appeared to be between the ages of 11 and 14.  Frederick confessed that he would record the victims during Google Hangouts conversations.  At least one victim, a boy who lived in the Philippines, received money from Frederick in exchange for his participation in the Google Hangout, as revealed in chat messages between Frederick and the victim.  In the plea agreement, Frederick admitted that he had done this with at least 35 victims. 

The Department of Justice statement does not give any details about how authorities first became aware of Frederick’s illegal activities except to say that Homeland Security Investigations played a role in investigating this matter.  Many investigations involving the distribution of exploitative images have begun when a content moderator notifies law enforcement that a user has uploaded or transmitted an illegal image or video.  This may not have been the case in the investigation against Frederick, though, since it does not appear that he distributed any of the illegal content to third parties.

Frederick, 51, will receive a sentence on March 14, 2022.  The crimes to which he has pleaded guilty carry a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.

Contact the Manshoory Law Group About Sex Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of possessing, producing, or purchasing illegal images depicting the exploitation of minors.  Your initial consultation is always free, so contact us at the Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

Jury Convicts 1-800-GET-THIN Doctor of Defrauding Health Insurance Companies Out of Hundreds of Millions of Dollars

In 1999, when the singer Carnie Wilson broadcast her gastric bypass surgery live on the Internet, the public’s reaction was “only in Los Angeles.”  22 years later, everyone broadcasts their weight loss journey on the Internet, and gastric bypass surgeries are among the less gruesome sights you will see if you idly scroll through videos on YouTube or Facebook.  More importantly, weight loss surgery has become just a normal part of medicine. 

You don’t have to be a celebrity to have a gastric bypass; in fact, many health insurance companies cover it, including the notoriously stingy Tricare.  Insurance companies will only cover the procedure if it is medically necessary, meaning that the patient already has, or is at high risk of developing, other obesity-associated conditions that require equally costly treatment over the patient’s lifetime, such as cardiovascular disease, type II diabetes, or fatty liver disease.  One such qualifying condition is obstructive sleep apnea, which can be life-threatening if untreated; to diagnose a patient with obstructive sleep apnea, doctors must conduct a sleep study. 

It is obvious to anyone who has spent more than ten seconds in Los Angeles that the weight loss industry is big business.  This month, one of L.A.’s superstar weight loss doctors was convicted of health care fraud for billing health insurance companies more than $300 million for medically unnecessary sleep studies and weight-loss surgeries.  If you are facing criminal charges for healthcare fraud, contact a Los Angeles fraud crimes defense lawyer.

Julian Omidi Convicted of Mail Fraud, Wire Fraud, Making False Statements, and Money Laundering

Anyone who has visited Los Angeles has seen the billboards for the 1-800-GET-THIN network of weight loss clinics; Julian Omidi’s face is familiar from these billboards.  The 1-800-GET-THIN clinics have attracted their share of controversy; for example, Omidi’s medical license was revoked in 2009 after several patients died from complications of weight loss surgery.  Even after the revocation of his medical license, Omidi remained involved with the business aspects of 1-800-GET-THIN.

Omidi was arrested in 2018 and charged with 28 counts of mail fraud, three counts of wire fraud, two counts each of money laundering and making false statements, and one count of aggravated identity theft.  The charges stem from Omidi’s role in billing insurance companies for expensive sleep studies to determine patients’ eligibility for weight loss surgery.  In some cases, the sleep studies were medically unnecessary, as the patients had no symptoms of obstructive sleep apnea. 

In other cases, Omidi ordered sleep studies for patients whose insurance plans do not cover weight loss surgery under any circumstances.  In some instances, Omidi falsified patients’ medical records to make them appear eligible for weight loss surgery.  By the time of his arrest, insurance companies had suffered a total of $355 million in losses due to his fraudulent claims.

Omidi and a co-defendant, Mirali Zarrabi, both pleaded not guilty.  Whereas Zarrabi was acquitted, Omidi, whose age news reports give variously as 53 and 58, was convicted on all counts.  His sentencing hearing will take place in April 2022.  He could face a maximum of 20 years in federal prison.  The identity theft charge carries a mandatory minimum sentence of two years and cannot be served concurrently with any other sentences.

Contact Manshoory Law Group About Fraud Crimes Defense

A Los Angeles criminal defense lawyer can help you if you are being accused of defrauding health insurance companies.  Your initial consultation is always free, so contact us at Manshoory Law Group in Los Angeles, California, or call (877)977-7750 to discuss your case.

How Long After Being Charged Does it Take to Go to Court?

If you have been charged with a felony or misdemeanor, you will have to go to court for arraignment. Depending on what happens during and after your arraignment, you may not need to go to court for trial if the case is dismissed.

What Happens if You Fail to Attend Court?

If you fail to attend a required court date, you can be charged with Failure to Appear (CA Penal Code 1320 & 1320.5). The judge will issue a bench warrant, and you will be arrested and brought to court. Failure to Appear can be a misdemeanor or felony, depending on what you were originally charged with.

As a misdemeanor, failing to show up at court can add six months in county jail and $1,000 in fines to the penalties you are already facing. As a felony, it can result in up to three years in prison and fines of up to $10,000, in addition to any penalties you receive in connection with the existing charges.

You cannot be taken to trial in court without first being charged with a crime and having an arraignment where you hear the charges against you and enter your plea.

How Long After Being Charged Does it Take to Go to Court?

Although you may (or may not) have been told the charges against you beforehand, technically you have not been charged with anything until your arraignment. From this point, you have a right to a speedy trial under both the Sixth Amendment to the U.S. Constitution and Article I, Section 15, of the California Constitution. You also have the ability to waive this right.

What is considered a speedy trial depends on whether you are being charged with a misdemeanor or felony, and whether you are held in custody between your arrest and arraignment.

How Long Does it Take to Get a Court Date For a Misdemeanor?

In the case of misdemeanor charges, you have a right to go to trial within 30 to 45 days of being formally charged. If you were held in custody after your arrest, your arraignment has to happen within 48 hours of the arrest. If you were released after the arrest, your trial must take place within about 10 days.

How Long Does it Take to Get a Court Date For a Felony?

For felony cases, you have the right to go to trial within 60 days of being charged. If you were released or bailed out after your arrest, it can take weeks or in some cases months to be formally charged at an arraignment. If you were held in custody, the arraignment must still happen within 48 hours.

What Happens at an Arraignment?

The arraignment is your first court appearance after getting arrested. At your arraignment, a judge will tell you what the charges against you are and what your constitutional rights are.

You will also respond to the charges by entering a plea, such as guilty or not guilty, although these are not the only pleas you can enter. After you have entered your plea, the judge will decide whether you should be held in jail until your trial.

At this stage, you can be released on your own recognizance until the date of the trial, or the judge can set a bail amount that must be posted for you to be released from jail, or they can refuse to set bail. This decision will be based on the nature of your charges and whether you are deemed a risk to the community, and whether you are deemed likely to run away.

The advice of an expert criminal defense attorney can help you reduce the amount of time you spend in jail while you are waiting for your arraignment and trial, as well as improve the outcomes of these court dates. If you have been charged, or are about to be charged, with an offense, contact us today for a free case analysis.