Criminal Law Blog

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.

Can You Legally Buy a Gun for Someone Else in California?

Firearm laws vary from state to state, and the purchase of a gun can be more difficult in certain areas than in others. When it comes to buying a gun from someone or buying a firearm as a gift, things can get confusing. Can you legally buy a gun for someone else? Is it legal to buy a gun from someone?

For those of you in California, we have the answers. Whether it’s to transfer a firearm, purchase a firearm, or buy a gun for someone else, here’s what you need to know regarding both federal law and state law. Read on to find out if buying a gun for someone is legal in California.

Is it Legal to Buy a Gun From Someone?

Federal law states that you can buy a firearm as a gift, so long as you, the buyer, are registered as such. Even if you’re technically buying the gun for someone else, you will be treated as the “actual buyer” in the transaction. Furthermore, you’ll also need to make sure that the gun will be treated as a bona fide gift.

A “gift” in the legal sense is something that you give to someone without any form of compensation, whether that be money or something else of monetary value. The recipient of the said gift must also not be legally prohibited to own a firearm.

It’s also worth noting that background checks are not required by federal law when it comes to private gun sales, but firearms dealers will need to do so.

California Gun Purchasing Laws

Of course, federal law can be overridden by state law, and California has some rules regarding guns and gun laws. For example, open carrying is generally considered prohibited in California. When it comes to purchasing guns, you’ll have to do so through a dealer, even if the sale is private. All sales must be recorded by the state.

Can You Buy a Gun as a Gift for a Friend or Family Member in California?

Can you buy a gun as a gift? Can I buy a gun for someone else? The answer, simply put, is yes, but the method of doing so isn’t the same as in other states. Whether it’s for yourself or as a gift, you’ll need to transfer the firearm via a local retailer or dealer. This is a requirement, and you will need to do this for dealer sales and private sales. The same sort of requirement is followed in states such as New York, Oregon, Rhode Island, and Colorado, among others.

So if you’re wondering, “Can I buy a gun for someone else?” in California, you can – just through a licensed retailer or dealer.

Out-of-State Guns Must Come Into California Through a Dealer

California has laws pertaining to bringing firearms into the state. Can you legally buy a gun for someone else? Yes, but that doesn’t mean you can bring them to California as you, please. Residents of California must ship their firearms to a licensed dealer, after which the dealer will perform a background check.

It can take around 10 days before you can get your firearm back, but you can be exempt from this requirement in a few ways. If you are listed in a firearms registry and own the guns you plan on bringing, then you’re good. If you have a California license for a handgun, then you’re in the clear, too.

Penalties for Bringing Guns Into California Illegally

Most of the time, the penalty for bringing guns to California illegally is a misdemeanor. This means up to six months in county jail and/or a $1000 fine. However, if you were convicted of the same crime or are not legally allowed to own a gun, then you’ll be charged with a felony instead.

Contact Manshoory Law Group for Legal Help

If you have questions such as “Is it legal to buy a gun from someone?” or “Can you legally buy a gun for someone else?” then don’t worry. At Manshoory Law, we can provide legal assistance. If you’re not sure why are California gun laws the way they are, we’ve got you covered. Contact us if you’re looking for a reliable criminal defense attorney.

What is Marital Rape: California Laws and Penalties

In the past, the state of California made a distinction in regard to rape within marriage and outside of marriage, with the terms “marital rape” or “spousal rape” applied in situations where a person was raped by their spouse. Marital rape statistics suggest that this occurs in 10-14% of marriages in the US, with 1/3 of women stating that they have felt pressured or coerced into forced sexual intercourse with their partners.

However, the situation regarding marital rape in California has since changed. In 2021, the state’s legislature enacted a new bill, known as Assembly Bill 1171, which repealed the spousal rape law in California. This means that, since the law was repealed, rape in marriage is subject to the same penalties as rape outside of marriage.

What Is Marital Rape or Spousal Rape?

Prior to the repealing of California’s spousal rape law, the definition of spousal or marital rape referred to any situation in which sexual intercourse or activity takes place without a spouse’s consent. The former statute, Penal Code 262, or PC 262, solidified this definition as part of California’s marital rape laws.

Specifically, PC 262 listed various examples in which the term marital rape could apply. For example, a situation in which a spouse has sex with their partner when the partner is sleeping or unconscious after drinking heavily, or if a spouse uses threats of domestic violence or harm to force their partner into sexual activities.

A Brief History of Spousal Rape Laws

In order to better understand why PC 262 was repealed, it’s important to understand the history of marital rape laws, both in California and elsewhere. For many years, up to the 20th century, it was generally believed that wives were regarded as the “property” of their husbands. This effectively created a culture in which husbands could do as they wished with their wives.

This extended to sexual acts, as well. It was generally understood that upon marriage, a wife forgave her right to consent or refuse sexual intercourse, and was expected to comply with her husband’s sexual demands. Because of this, husbands were granted “spousal rape exemptions” by every state, effectively protecting them against accusations of rape by their wives.

However, as times went by and attitudes evolved, the general consensus began to shift. In the latter stages of the 20th century, specifically in the 1970s, states started to repeal these exemptions. By 1993, all 50 states repealed the exemptions, but several states still treated marital rape as a different kind of crime to rape outside of marriage.

Why Was California Penal Code 262 PC Repealed?

Penal Code 262 was in place for a long time, but the law came under pressure in recent years as feminists and advocates for equal rights argued that spousal rape should not be considered any less serious than other forms of rape. They demanded that the marital rape laws be changed in order to reflect that viewpoint.

In California, for example, according to PC 261, it was possible for spousal rape defendants to use a plea bargain to reduce their sentence to probation, rather than time in prison. Judges in these cases were also able to keep defendants off the sex offender register, which is not the case for regular rape defendants.

Many people took offense at these exceptions and disliked the way that spousal rape was seemingly treated as a lesser crime. They argued that rape in all of its forms is a highly serious offense, and wife or husband rape should not be seen as any less grave than stranger rape. Many rape survivors and victims of sexual abuse also supported this argument.

Most Common Type of Marital Rape

There are various types of rape in marriage. Examples include force-only rape, in which one spouse uses power and control to force the victim into sexual intercourse, but does not proceed to make use of stronger levels of physical violence.

Battering rape is another variety, in which actual physical violence and sexual violence are used. This may involve a wife being beaten by her husband either prior to or during a rape, and this kind of rape is categorized by a spouse using a significant level of force to overpower and harm their victim. It is a severe form of sexual assault.

Finally, there is also obsessive or sadistic rape, which involves a spouse torturing their partner and committing repeated acts of sexual perversion, typically connected to their own sexual obsessions or perversions. This may involve painful sexual acts that the spouse is forced to commit. Marital rape statistics show that the most common variety reported to law enforcement is battering rape.

How Do Prosecutors Prove Marital Rape?

Prosecuting a marital rape case can be difficult. Often, spousal rape victims may suffer high levels of trauma associated with their situation of intimate partner violence, and they may feel under pressure about whether or not to testify due to things like children, other family members, and their relationship with their spouse.

Juries sometimes also have doubts about whether or not a case of rape actually occurred, but prosecutors can use various tools to help in their cases. They may try to find other witnesses to provide testimony aside from the victim, as well as build evidence to show domestic violence and unbalanced power dynamics in a relationship.

Marital Rape Statute of Limitations in California

The spousal rape statute of limitations in California is now the same as the statute of limitations for regular rape: indefinite. In other words, there is no spousal rape statute of limitations, and victims can take action against their abusers even several years after a rape has occurred. This is true for all crimes committed after Jan 1 of 2017. Rape statutes in other states can vary.

What Are the Penalties for Marital Rape?

Rape is charged as a felony in the state of California, rather than a misdemeanor or infraction. A convicted rapist can be sentenced to a prison term of up to eight years. Convicted rapists can also be registered as sex offenders for the rest of their lives.

What To Do if You Are Charged with Marital Rape

If you have been charged with marital rape, the best course of action is to get a lawyer as soon as possible. A legal professional will be able to argue your side of the story and potentially build up evidence to help you defend against a false accusation or reduce the possible sentence that you may receive.

What Are the Best Defenses For Rape Charges?

A criminal defense attorney can help those who have been accused of marital rape, and they may make use of various common defenses, including:

• Consent – A defendant may try to show that their spouse consented to any sexual act or that they believed consent had been given.
• False Claim – The defendant may also argue that the claim is entirely false and that no rape occurred.
• Partially False – The defendant’s lawyer may also argue that the claim is not as severe as it seems and that other sexual acts took place, but not actual intercourse.

Contact a Marital Rape Lawyer Today

If you’re involved in a marital rape or non-marital rape case, it’s important to have proper legal representation and counsel to help you get the best possible result. A Los Angeles rape defense lawyer can help. Contact us today to discuss the details of your case and find out how we can help.

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