Criminal Law Blog

What is Bail Jumping? Failure to Appear in California

Many people search for the term “What is Bail Jumping?” but often struggle to find clear answers. To clarify, bail jumping is a serious legal issue defined as the failure of a defendant, who has been released on bail, to appear in court for a scheduled trial. In California, this act is treated with utmost seriousness and can lead to severe consequences that negatively impact the defendant’s legal status and may result in significant financial liabilities.

Understanding Bail in California

Bail consists^[1] of money paid with the promise from the defendant that they will attend their trial. In this context, it permits accused persons to be out of remand while waiting for their hearing, and this helps in reducing their intrusions into their lives. In California, specifics of the amount of bail^[2] are calculated in accordance with the type of crime, criminal record, and likelihood of a defendant’s escape.

How is Bail Determined?

Judges in California consider various elements when setting bail amounts. These include:

• The severity of the offense
• The defendant’s criminal history^[3]
• The likelihood of the defendant fleeing
• Community ties and employment status

When a defendant is released on bail, they must adhere to specific conditions imposed by the court. These may include regular check-ins with a bail bondsman, restrictions on travel, and mandatory appearances at all scheduled court dates. Understanding these responsibilities is crucial; failure to comply can lead to bail jumping charges.

What is Bail Jumping?

Popularly known, it is legally classified under California Penal Code 1320 & 1320.5^[4] and commonly referred to as failure to appear for court or simply skipping bail. This act is different from other related crimes, including violation of probation^[5], refusal to observe a bailing condition, or being absent from a court hearing due to some circumstances beyond your control.

The Consequences of Failure to Appear in California

The closest consequence for any defendant who fails to appear in court is the bench warrant^[6], issued for arrest. This warrant permits the arrest of the person without any delay in a civil matter.

If an offender continuously fails to respect the provisions of his bail, the consequences following the charge of bail jumping are very serious and long-lasting. It distorts the ongoing criminal trials and may also attract other charges that carry more severe consequences than others. Failure to appear can also impact a future legal situation in a way that a longer jail term or higher fines can be imposed.

Along with criminal charges of up to 4 years imprisonment and fines of up to $10,000 in instances where charges are felony^[7], defendants who jump bail lose any properties or valuable items pledged to a bail bondsman. This loss is really felt and may impose a lot of stress not only on the defendant but also on his/her family members and relatives who may have guaranteed the amount paid for bail.

Legal Obligations and Rights After Missing a Court Date

If a defendant fails to appear in court, it is critical that they take immediate action. The first step should be reaching out to their attorney or legal counsel for guidance on how to rectify the situation before further legal action is initiated.

Immediate Steps After Missing Court

1. Contact Legal Counsel: Seek advice from experienced criminal defense attorneys.
2. Surrender Voluntarily: If feasible, surrender voluntarily to law enforcement or the court.
3. File for Reinstatement: Work with your attorney to file necessary motions for reinstating bail^[8] or rescheduling.

Legal counsel plays an essential role in managing these circumstances by advising defendants on potential defenses against bail jumping charges and assisting in rescheduling missed court dates.

Bail Jumping vs. Accidental Failure to Appear

It is essential to differentiate between willful bail jumping and unintentional failure to appear. Accidental failures may arise from circumstances beyond one’s control, such as medical emergencies, transportation issues or lack of proper notice regarding the court date, and can sometimes serve as valid defenses against bail jumping charges. Understanding these distinctions can help defendants prepare an appropriate defense if charged with bail jumping.

The Process of Reinstating Bail or Rescheduling a Missed Court Appearance

To reinstate bail or reschedule a missed appearance, defendants should follow these steps:

1. Consult Your Attorney: Seek guidance from an experienced criminal defense attorney.
2. Surrender Voluntarily: If possible, voluntarily turn yourself in to law enforcement.
3. File Necessary Motions: Work with your attorney to file motions for reinstating your bail or obtaining a new court date.
4. Attend Rescheduled Hearing: Ensure attendance at any new court dates set by the judge.

By taking these steps promptly, defendants can mitigate some of the negative consequences associated with failing to appear.

Bail jumping is a major problem in California’s criminal justice system. By having some background information on what entails bail jumping, the consequences faced, and ways of dealing with the situation in case of missing court sessions, the defendant will be in a better position. If you or somebody dear to you has problems associated with bail jumping or has missed a court appearance, it is crucial to address this problem with qualified defense attorneys and legal aid that will help to solve it specifically.

If you need additional help or want to speak to an attorney about bail jumping or other matters, please contact us or call (877) 830-2348. Your rights deserve protection; let us help you navigate your path forward.

What is a Brady Violation? Understanding Brady Motion

The criminal justice system tackles questions of fairness, morality, and protecting rights. Many aspects contribute to such fairness, and one of the best-known is the Brady violation, which stems from the 1963 case of Brady v. Maryland.

A Brady violation happens during a trial when the prosecutor fails to disclose evidence that weakens their case, thereby implicating the defendant without trying to prove guilt.

Origins of the Brady Violation

The origins of the Brady violation concept come from the Supreme Court case of Brady v.Maryland in 1963^[1]. In this case, John Brady was convicted of first-degree murder^[2]. Later, during his defense, Brady’s legal team discovered that a crucial statement from a co-defendant had not been presented, which could have affected the trial’s outcome

The Supreme Court contended that the trial prosecutor is under an obligation to turn over all favorable evidence without exception. Suppression of crucial evidence cannot be used as grounds for conviction. This led to the development of the Brady violation concept, which has since evolved.

A crucial case that further solidified this framework was Kyles v.Whitley^[3]. In this case, the Supreme Court reinforced the importance of prosecutorial disclosure^[4] and ruled in favor of a defendant whose conviction had been affected by failure to disclose crucial evidence. This decision emphasized the obligation of trial prosecutors to ensure full transparency in criminal trials.

Legal Requirements of a Brady Violation

To establish a Brady violation in court, three key requirements must be met. These requirements form the foundation for any Brady claim and help courts determine whether a defendant’s due process rights have been violated. Let’s examine each requirement in detail to understand what prosecutors must disclose and what defendants must prove.

1. Favorable Evidence to the Defendant

The prosecution must have withheld favorable evidence that is either

• Exculpatory Evidence – directly supports the innocence of the defendant
• Impeaching – challenges the credibility of the case or the key witness of the prosecution^[5].

For instance, if a witness statement or DNA evidence^[6] could have exonerated a defendant from wrongdoing, but the prosecution failed to disclose it, that would be Brady material.

2. The Prosecution Withheld the Evidence

The prosecution must have omitted the evidence disclosure to the defense. This occurs either:

• Intentionally: The prosecution deliberately withholds evidence.
• Unintentionally: Evidence is missed or not presented because of carelessness.

Regardless of purpose, the concealment of evidence that may influence the outcome of the trial is a Brady right.

3. The Suppressed Evidence Caused Prejudice

The defendant has to prove that the outcome of the trial would have been different if the evidence had been disclosed.

Here is an example:

If evidence under a key witness’s testimony was forged, and some records proved this, the defendant might argue that had these records been disclosed, they would have changed the verdict.

What is a Brady Motion?

A Brady motion is a motion in which the defense seeks from the court an order forcing the prosecution to release information, the nondisclosure of which relates to the Brady materials. The motion can be made either before the beginning of the trial, contemporaneously with the trial’s progress, or post-conviction.

What Counts as Brady Material?

Brady materials comprise all the evidence that could be beneficial to the accused, inclusive of evidence that may prove the defendant’s innocence and, on the other side, evidence that has the lowest level of incrimination against the accused or casts suspicion on the prosecution’s evidence against the accused.

These can include, but are not limited to, witness statements, photographs, or other evidential materials, as well as documents that can verify the arguments prepared by the defending side in the case.

For example, if a defendant claims he or she did not commit the crime, and there is evidence showing he or she did not, then that evidence will be considered Brady material.

Brady Disclosures: What Happens After a Brady Motion is Granted?

If a Brady motion is granted, the prosecution must disclose all relevant Brady material to the defense. Failing to do so can result in serious legal consequences, such as:

• Conviction reversal: If the withheld evidence is crucial, the court may vacate the conviction.
• New trial orders: If the violation undermined the fairness of the original trial.
• Sanctions against the prosecution: In severe cases, prosecutors may face disciplinary action.

Brady disclosures can occur before, during, or after trial, depending on when the evidence is discovered. Defense counselors must remain vigilant throughout the case to identify possible Brady violations and protect their client’s rights.

The Impact of Brady Violations on Criminal Defense

Brady violations have major consequences for defendants, prosecutors, and the legal system as a whole.

1. Legal Remedies for the Defendant

If a Brady violation is discovered, the defense lawyer can seek legal remedies such as:

• Filing an appeal to challenge the conviction.
• Requesting a retrial if the suppressed evidence was critical.
• Seeking post-conviction relief to overturn wrongfully convicted^[7] individuals

2. Prosecutorial Responsibility & Ethical Duties

Prosecutors have an ethical duty^[8] to ensure a fair trial by disclosing all Brady material. Failure to do so undermines public trust in the justice system. It can lead to misconduct charges against prosecutors. Plus, it may result in disciplinary actions, including disbarment in extreme cases.

3. Broader Justice System Implications

Brady violations highlight the risks of wrongful convictions, emphasizing the need for:

• Better oversight of prosecutorial practices.
• Stronger accountability measures for evidence disclosure.
• Judicial enforcement of fair trial rights.

A Brady violation involves serious injustice in a case such that the outcomes can be mistakenly changed. Where one or more of your close family members, including you suspect critical evidence is not disclosed, legal representation is promptly needed. An experienced district attorney can check case details for potential Brady violations, file a Brady motion to obtain undisclosed evidence, and advocate for a retrial or appeal if a violation occurs.

Need Legal Guidance?

If you suspect that a Brady violation has impacted your case, contacting a defense attorney at Manshoory Law would be a better option for you.

References

What are Schedule 3 Drugs: Charges, Penalties and Defense

The Federal Controlled Substances Act, established in 1970, categorized drugs into five distinct schedules to streamline legal enforcement and regulatory measures across the United States. These schedules rank substances based on their accepted medical use, potential for abuse, and the likelihood of dependency.

Schedule 3 drugs, recognized for having a moderate to low potential for physical and psychological dependence, still pose significant legal risks. This article delves into the specifics of Schedule III drugs, exploring their legal implications, including the consequences of possession or trafficking charges and the steps one should take if facing such accusations.

What is the Scheduling System for Drugs?

Although Schedule III drug charges aren’t as serious as Schedule I^[1] and II crimes, the outcome of your case will have a significant effect on your future. A federal law, enacted in 1970, The Federal Controlled Substances Act^[2] classifies controlled substances (drugs) under a single law replacing an assortment of laws that had developed over time. Five separate categories were created by this law.

When classifying a drug, the first step is determining whether or not there are medical uses for the drug, and the second is the drug’s potential negative effect on mental or physical health, including the potential for addiction. The Federal Drug Scheduling System^[3] classifies drugs according to how harmful they are and includes Schedule I, II, III, IV, and V. Schedule I is the most harmful and Schedule V has the lowest risk of abuse.

What are Schedule 3 drugs?

California follows the Federal Schedule for listed drugs in California Health and Safety Code § 11056^[4] although California refers to them as C-III drugs. Schedule III drugs include narcotics and non-narcotics. Drugs included in the list^[5] of Schedule III drugs include narcotics that contain no more than 90 milligrams of codeine per dose.

Examples of Schedule III drugs include:

• Dronabinol
• Suboxone
• Tylenol with codeine
• Vicodin

Non-narcotics on the list of Schedule III drugs include:

• Anabolic steroids
• Ketamine
• Benzphetamine
• Marinol – a synthetic version of THC
• Phendimetrazine

When determining which drugs will be Schedule III drugs, the risk of dependence is considered. Drugs with a moderate or low risk of physical dependence that have a high risk of psychological dependence may be classified as Schedule 3 drugs. They also have a potential for abuse, but that potential is less than drugs classified as Schedule I or II drugs.

All the Schedule III drugs are included in this alphabetic list of scheduled drugs^[6].

What is a Schedule 3 Drug Charge?

The penalties for a Schedule 3 drug charge depend on whether the charge relates to simple drug possession^[7] or trafficking.

Civil Penalties

Possession can be charged in two ways. The Anti-Drug Abuse Act of 1988, Public Law. 100-690^[8], contains “User Accountability” requirements for the possession of personal use quantities of illegal drugs. The law is codified at 21 U.S.C. § 844a.

In addition to potential criminal penalties, the “User Accountability” law holds users personally accountable by imposing civil penalties. Individuals convicted of possession of a Schedule 3 drug can also be denied public housing assistance and student loans. In some cases, prosecutors will use this law to punish minor drug offenders but don’t leave them with the stain of a criminal record that can impede their ability to support themselves or their families.

The fine can be up to $10,000, but the individual’s income and assets are considered, so it doesn’t burden poor people with impossible fines.

The public record can be destroyed for first offenders who meet the requirements of paying their fine, not being convicted of a crime during the following three years, and passing a drug test. Individuals with prior drug convictions and those who have taken advantage of this provision twice before are not eligible.

Criminal Penalties

Drug possession is also subject to criminal penalties that vary based on the quantity of drugs the person is found in possession of and their criminal history.

• First offenders are usually looking at a maximum of 1-year and a fine of up to $1,000.
• A second offense requires a minimum sentence of 15 days with a 2-year maximum and a fine of up to $2,500.
• The third offense requires a minimum sentence of not less than 90 days and not more than 3-years and up the fine to a minimum of $5,000.
• Any offense involving Flunitrazepam has a fine of up to $250,000 and up to 3 years in prison.

Minimum sentences may not be suspended or deferred.

Trafficking

Offenders guilty of trafficking illegal drugs are subject to stiffer penalties outlined in the DEA Enforcement Guide^[9].

First offenders may not be sentenced to more than 10 years unless their crime caused serious injury or death, in which case the maximum is 15 years. The individual fine can’t be more than half a million, but if a company is involved, it increases to $2.5 million. The potential penalties and fines double for second offenses.

What to Do If You Have Been Charged with Possession of a Schedule III Drug?

If you are charged with any crime involving Class III drugs, you need a drug crime attorney to represent you and help you fight the accusations. Your personal freedom, finances, and your future depend on the outcome of the case.

Contact our attorneys at Manshoory Law Group as soon as possible. Delays can harm your position.

Top 10 DUI Defenses and DUI Mistakes in Los Angeles, California 

Protective Order vs Restraining Order: What is the Difference?

Protective orders and restraining orders are similar in that they are intended to protect an individual from the harmful conduct of another, but in California, they serve different purposes. Many people use the terms protective order and restraining order interchangeably, yet the two orders are different, separate, and distinct in the law in both criminal and civil matters.

If you or your loved ones must be kept safe from someone else, you might need a protective or restraining order as per your circumstances.

Criminal vs. Civil Orders

The first and main difference between protective order vs restraining order lies in the legal context^[1] in which they are derived. 

Protective orders are issued by criminal cases and have to do mostly with domestic violence and other related forms of abuse and are enforced by the prosecution. 

On the other hand, restraining orders are filed in civil court and can be used in harassment, stalking, or disputes between individuals who do not have a close relationship. 

Both orders can severely limit contact, communication, or physical proximity between individuals, but the legal process to obtain and enforce them is different.

What is a Protective Order?

A protective order in California is a court-issued directive designed to prevent harm or threat from an individual, often in situations involving domestic violence cases, abuse, or criminal activity. These orders are typically part of a criminal case^[2], ensuring that the accused cannot contact or set about protecting mortals. 

Such orders may be made out at different levels of legal proceedings, such as during an investigation or after a conviction, depending on the severity of the threat posed.

California law provides various forms or types^[3]of protective orders, including emergency protective orders, which law enforcement policemen can receive to provide prompt protection, and temporary protective orders which remain in place until a formal hearing is conducted.

What is a Restriction Order?

Restraining order is a court order that legally restrains a person from approaching, threatening, harassing, or engaging in any violent act against another person. Such an order can come from a broader set of circumstances, as opposed to a protective order, which must be obtained through civil court.

A restraining order in California is divided into several categories. These include:

• Domestic violence restraining orders protect against abuse by a spouse, former partner, or family member. 
• Civil harassment restraining orders^[4] apply when the restrained person is not a close family member but presents a threat through continuing harassment or threats.

Protective Order vs Restraining Order: Application Process and Requirements

The process of receiving a protective order is different. Subsequently, law enforcement officers and prosecutors almost always petition for criminal protective orders in such cases of domestic violence or threats. These orders are, as a result, issued most of the time automatically when such a case appears before a criminal court.

On the other hand, restraining orders require the person seeking protection to file a petition^[5] in civil court. The petitioner must present evidence of harassment, abuse, or threats and appear before the court. If the judge believes the claims are valid, a temporary restraining order may be issued until a formal hearing determines whether a long-term order is needed.

Duration of Protective Order and Restraining Order in California

In California, the duration of protective^[6] order vs restraining orders varies based on the type of order:

• Emergency Protective Orders (EPOs): These are issued by law enforcement and usually last up to 7 calendar days.
• Temporary Restraining Orders (TROs): Such orders last until the court hearing, usually within 20-25 days.
• Restraining Orders After Hearing: These can stay up to 5 years. If no end date is specified, the last 3 years can be extended.

Violating A Restraining Order or Protective Order in California

Violating a protective or restraining order in California is a serious offense with significant consequences. The following are the principal points:

• Misdemeanor Violation: Violation of a restriction order is usually a misdemeanor punishable by a fine, probation, and/or jail time. The consequences may be up to 1 year in the county jail and a fine of up to $1,000^[7].
• Felony Violation: If the violation involves violence, threats of violence, or injury, or if you have previous convictions for violating restraining orders. Violation punishments such as felonies can extend to 3 years in jail or prison and a fine of up to $1,000.

Protective Order vs Restraining Order: Can They Be Modified or Extended?

Under some conditions, protective and restraining orders can be changed or extended. If the situation changes, a party may seek a modification of the order so that the terms of the order are changed. This may mean changing restrictions in place on contact, residence, or communication.

For those who want to be protected further, restriction orders can be extended beyond the date of their expiration. The application for extension must be filed before the current order expires, and the petitioner must show a continued threat or risk. The court will consider the need to extend the order based on the evidence presented.

How to Fight a Protective Order or Restriction Order in California?

If you believe the court order is unjust or unjustified, then you can appeal. Here is how you do it:

• Gather Evidence: Collect all evidence that proves that the allegations brought against you are false or overstated.
• Hire a Los Angeles Criminal Defense Lawyer: A Los Angeles criminal defense lawyer can assist you in presenting a strong case.
• Follow the Court Order Until the Hearing: Even if you believe the order is unfair, violating it before your court date can lead to criminal charges. Strictly comply with all terms, including no-contact provisions, stay-away distances, and firearm restrictions.
• File a Response (Form DV-120 for Domestic Violence Cases): If you receive a Domestic Violence Restraining Order (DVRO)^[8], you should file a Response to Request for Domestic Violence Restraining Order (DV-120) before your court hearing.

Knowing the difference between protective and restraining orders allows individuals to make good decisions. Although both are safety orders, their application, duration, and enforcement are totally different.

Laws and Penalties for Cannabis Cultivation in California

Cannabis cultivation is illegal in California. There are a lot of people doing cannabis cultivation, but most of them are legally allowed to do so.

Many of you are probably wondering why the law favors a few individuals while they are punishing other people for marijuana cultivation. Marijuana can be considered a type of drug, and it can be used as a medication for certain diseases like AIDS, cancer, seizures, and more.

Cannabis growing laws in California are very strict^[1] and if you are found guilty, you might face jail time and a fine. If you are thinking about cannabis cultivation, here are a few things that you should know about the laws in California.

Can you Legally Grow Marijuana in California?

Marijuana cultivation is more or less the growing of marijuana. In most places around the globe, growing marijuana is illegal. However, in some parts of the United States, you are given a cannabis cultivation license to legally grow cannabis.

California is loosening up its restrictions when it comes to cannabis cultivation. Although growing cannabis is still a serious offense, there are several ways in which you will be allowed to grow marijuana without breaking any laws.

In the past, you could only grow marijuana for medical purposes, but under Proposition 64^[2], people living in California can now grow cannabis for recreational purposes.

California Cannabis Growing Laws

Under Proposition 64, drug cultivation for recreational use is legal^[3], but there are restrictions on who can grow the plant and the amount that can be cultivated.

It will only be legal if both of the following statements are true:

• The marijuana cultivator is 21 years or older
• He/she cultivates no more than six cannabis plants.
• Aside from these two, there are certain restrictions placed to make sure that they won’t go overboard. The cultivator needs to follow local ordinances placed by the city and they can only grow up to six weed plants in a single residence.

It means that even if you are living with your partner in a private residence, you can only grow up to six plants. In general, you can only grow weed indoors or within your private property. You can only do so in a locked space or in any area that is not visible to the public.

Penalties for Illegally Cultivating Cannabis

For marijuana cultivation, penalties for growing weed illegally can be divided into three:

• Infraction: You will be given an infraction if^[4] you are between 18 to 20 years old and you are growing weed in your house. It is punishable by a fine of $100.
• Misdemeanor: You will be charged with a misdemeanor if you are 21 years or older and you are growing more than six plants. You might be put into custody in the county jail for up to six months or receive a fine of up to $500.
• Felony: You will be charged with a felony when you are cultivating more than six plants and you are guilty of one of the following:
  • A serious violent felony on your record
  • Registered sex offender
  • Two or more convictions under HS 11358^[5]
  • Violated environmental laws on cultivating marijuana

The penalty for a felony^[6] is up to three years in jail and a fine of $10,000. There is also a marijuana law on possession and sale. You are only allowed to possess up to one ounce of dried marijuana or eight grams of concentrated cannabis.

You need a cannabis cultivation license if you want to be a seller of marijuana. It means that it is illegal to sell weed if you don’t have a license to do it. You are only allowed to grow your weed, but you are not allowed to sell it. You cannot give it to minors as well.

Growing and using marijuana for recreational purposes has become legal in some states, but they are still regulating it to make sure that the users won’t get too addicted. If you are penalized for growing marijuana, you can always get the best criminal defense lawyers in Los Angeles that would represent you in court. These professionals can also help you understand what you need to know to grow marijuana legally in your area.

What are the Defenses of the Unlawful Cultivation of Cannabis?

The following defenses are available to individuals charged with cultivating greater than six cannabis plants:

• The cannabis belonged to another individual;
• The defendant was not aware that the cannabis was where it was found;
• The defendant was not aware that the cannabis was, in fact, cannabis;
• The defendant is a licensed medical cannabis user whose medical needs require him/her to cultivate more marijuana than California law otherwise allows; or
• The cannabis was found as a result of an illegal search^[7].

Speak to a Criminal Defense Attorney

If you have been charged with unlawful cultivation of cannabis, and you believe you are within one or more of the above-listed exemptions, contact the Manshoory Law Group as soon as possible.

The attorneys at Manshoory Law Group have extensive knowledge of and experience in the ever-changing area of drug law, and we will ensure that you are provided with an effective and aggressive defense so that you have the best possible opportunity at defending the charges asserted against you.

References

How Do You Prove Not Guilty by Reason of Insanity?

The insanity defense has sparked debates and confusion in criminal law. When defendants claim they’re not guilty because they were insane, they’re saying they couldn’t tell right from wrong when they broke the law. But proving insanity in court isn’t easy. It needs both legal and medical experts to weigh in.

Understanding “Not Guilty by Reason of Insanity”: What is Insanity Plea?

An insanity plea is a legal strategy^[1] used in criminal cases^[2]. The defendant uses this theory to say that they were not in control of their actions or mind due to a severe mental disorder. This means that they should not be blamed for the crime. It is different from the competency to stand trial^[3], which is a determination of whether someone can take part in a trial. Being fit to stand trial checks if someone can take part in court. The insanity defense, however, looks at the person’s state of mind when they broke the law.

Legal Standard for Insanity Defense

Some legal standards help to determine criminal insanity in US courts. These are:

• M’naghten Rule^[4]: This rule determines whether the defendants were not able to distinguish right from wrong due to mental illness or deficiencies. The courts could consider a person legally insane if they couldn’t understand what they were doing or if it was wrong.
• Model Penal Code’s standard for the insanity defense: This standard looks at “substantial capacity” – if the defendant could know or understand his actions or handle his behavior due to mental illness. Some states use a version of this test called the irresistible impulse test^[5], which determines whether a defendant could control their actions despite knowing they were wrong.

Process of Proving Not Guilty by Reason of Insanity

Successfully claiming to protect an insanity defense involves a rigorous legal and medical procedure. Here are the major stages:

• Proof of evidence: In most places, defense has the responsibility to show that the defendant was not guilty due to insanity when crime happened. Some states require “clear and concrete evidence”, while others use the “pre -evidence of evidence” standard.
• Testing proceedings: Health professional experts act as witnesses and talk about the mental state of the defendant during the trial. The prosecution often argues that the defendants meant to commit a crime and knew what they were doing.
• Plea of insanity: The defense lawyer should raise the argument of an insanity plea at the initial stage of the legal process, usually during the prosecution.
• Psychiatry test: The accused should conduct several psychiatric tests to investigate whether they are insane. A forensic psychologist^[6] or psychiatrist does this test.

What Happens After a Successful Insanity Defense?

When a defendant is found not guilty because of insanity, he or she does not walk free; normally, they are committed to a mental institution for proper medical treatment. Confinement duration may depend on the level of their condition and according to state regulations.

• Hospitalization and Treatment: A defendant will receive psychiatric care for proper treatment and monitoring.
• Periodic Reviews: Courts check the mental status of the accused periodically and then determine if they are still dangerous to society.
• Potential Release: If the court and mental health professionals determine that the accused is no longer a danger to society, they may be released conditionally or fully.

In some cases, a defendant may spend more time in a mental institution than they would have if they were convicted and sentenced to prison.

Legal Representation in Verdicts of Not Guilty by Reason of insanity

The not-guilty-by-reason-of-insanity verdict case requires professional legal services. An experienced criminal defense attorney helps to develop a solid defense through medical evidence, psychiatric expert involvement, and powerful arguments in court. As laws on insanity defense differ from state to state, legal advice is given to the case to make sure it is in accordance with the jurisdictional requirements and standards.

A professional lawyer also assists defendants in navigating the legal process from pre-trial evaluations to post-trial commitments, fighting for fair treatment. Selecting a lawyer who is experienced in mental health law can significantly improve the likelihood of an effective defense and ensure the defendant receives appropriate care rather than punitive treatment.

Proving not guilty by reason of insanity is a challenging legal battle requiring substantial evidence, psychiatric evaluations, and skilled legal representation. While it can offer an alternative to traditional criminal punishment, it often results in long-term psychiatric treatment rather than complete freedom.

If you or someone you know is facing this situation, seeking a qualified attorney is essential. Contact Manshoory Law Group to schedule your consultation today!

References

Arson in California: Understanding the Charges and Defenses Amidst the Los Angeles Fires

Arson in California has become a pressing concern for law enforcement and communities. As devastating blazes continue to sweep through Southern California, authorities face challenges in determining whether fires are deliberately set or occur naturally. Recent incidents, including the Palisades Fire in Los Angeles^[1], underscore the importance of understanding the legal framework surrounding arson charges and prosecution.

What is Arson Under California Law?

California law defines^[2] arson as starting fires with malicious intent on buildings, forests, or other properties. The Eaton fires^[3] in California arson cases are prosecuted under Penal Code 451 and 452, distinguishing between malicious and reckless burning. To successfully prosecute an arson case, law enforcement agencies in Los Angeles and beyond must establish intent and demonstrate that the fire was deliberately set.

Additionally, the investigation of arson in California fire cases presents distinct problems in Los Angeles County due to the city’s unusual combination of urban areas and natural wilderness spaces. The County District Attorney’s office needs to study all the facts to decide if fires were intentionally set or if they appeared naturally.

How Arson Contributes To California Fires?

Natural conditions like dry weather, wind, and dense vegetation make California particularly vulnerable to wildfires. The effects of fires in California arson become deadly when someone decides to start them on purpose. The Palisades Fire demonstrated how human actions can exacerbate wildfire disasters, which destroyed thousands in a single incident.

The Los Angeles Police and Fire departments and other local agencies dedicate significant resources to tracing the sources of wildfires. However, “there is no data supporting winds bringing out arsonists,”^[4] a former detective with the L.A. County Sheriff’s Office said. According to the National Interagency Fire Center, arson may account for over 20% of human-caused wildland fires. However, the actual figure remains uncertain, as arson cases are often misclassified initially and may take time to be properly identified.

Legal Penalties for Arson in California

There are severe penalties for arson in California fires, reflecting the devastating impact these crimes can have on lives and property.

Convictions depend on several factors:

• Type of Arson: Whether someone started the fires deliberately or without care.
• Injuries or Fatalities: Fires resulting in bodily harm or death carry harsher sentences
• Extent of Damage: Significant property loss or damage to essential infrastructure influences sentencing.

Under Section 451, penalties may include:

• If someone commits arson that results in great bodily injury, it’s considered a felony^[5] and can lead to imprisonment for five, seven, or nine years in state prison.
• If the fire causes an inhabited structure (like a home) or inhabited property to burn, that’s also a felony, with a potential prison time of three, five, or eight years.
• Setting fire to a structure or forest land can result in a felony charge as well, with prison sentences ranging from two to six years.
• Lastly, if someone commits arson targeting tangible property, it’s another felony that could lead to 16 months to three years in prison.

Defenses to Arson Charges in California

• Lack of Intent: The intent in setting a fire must be deliberate and malicious because arson does not include actions performed without intent. This may be a strong defense claim if a fire was started without intent.
• Case of Mistaken Identity: This may be a defense plan strategy when there is not enough evidence to show that the accusation made against is true.
• Not Enough Evidence: The prosecution must prove their case beyond a reasonable doubt. Therefore, if the evidence presented against the defendant is weak or circumstantial, this factor may be raised.
• Alibi: If the accused can prove they were elsewhere when the fire occurred, this can be a defense.
• False Accusation: Certain individuals may have been arsonists only to be charged with arson assaults themselves because of misunderstanding.

Investigations and Evidence in Arson Cases

An investigation of the fire is also referred to as an arson investigation, the focus of which is to determine the fire’s origin and cause^[6], with the ultimate aim of understanding its purpose. When foul play is suspected, investigators prioritize gathering evidence to identify the arsonist and build a strong case for prosecution.

An arson investigation is often intricate and involves the collaboration of several specialists. Proper understanding of the science in regards to fire, ranging from where it starts to how it can engulf a certain level of area, is a must for fire investigators.

Evidence in Arson Prosecutions

Evidence in arson cases^[7] is essential to prove guilt. Generally, it encompasses both physical evidence that can be obtained from the fire scene, such as accelerants, peculiar burn patterns, etc., and circumstantial evidence that may relate to the defendant’s motive or opportunity.

Proper collection and preservation of the evidence make sure that they are admissible in court, which involves adhering to legal standards, maintaining a chain of custody, and protecting the rights of the accused.

The Role of Climate in Arson Charges

As climate change continues to reshape California’s landscape and weather patterns^[8], its impact extends beyond environmental concerns into the legal realm, particularly regarding arson cases.

The intersection of climate conditions and fire-related crimes has created new challenges for both law enforcement and the judicial system, leading to several key considerations:

• Increased Fire Risk: Rising temperatures and prolonged droughts create conditions where fires can easily ignite and spread, meaning even small acts of arson can result in major wildfires.
• Severity of Fires: Fires are becoming more intense, with incidents like the Park Fire in 2024^[9], linked to arson, burning 429,603 acres, and becoming one of the largest in California’s history.
• Legal Implications: California’s arson laws factor in intent and damage. As climate change worsens fire conditions, the penalties for arson can be even harsher.

Steps to Take if Accused of Arson

Individuals charged with arson in Southern California should act quickly to protect their legal rights:

• Hire a county district attorney who has experience in handling arson cases.
• Maintain all evidence and documentation.
• Contact your Los Angeles criminal defense lawyer to create a solid defense strategy.

As California faces severe wildfires, understanding arson laws is pivotal. Prosecuting arson cases requires balancing strict enforcement with consideration of environmental factors. It’s essential to hold accountable those who deliberately start fires while proving these cases beyond a reasonable doubt.

In Southern California, especially Los Angeles County, ongoing cooperation among law enforcement, fire investigators, and the legal system is paramount. With climate conditions promoting fire spread, preventing and prosecuting arson is vital for protecting lives and property statewide.

Resources

1. Author. (n.d.). Palisades Fire | CAL FIRE. https://www.fire.ca.gov/incidents/2025/1/7/palisades-fire

2. California Code, PEN 451. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=451.

3. Author. (n.d.). Eaton Fire | CAL FIRE. https://www.fire.ca.gov/incidents/2025/1/7/eaton-fire
4. Bohannon, M. (2025, January 14). What Sparked the California Wildfires? Experts Consider Power Lines, Fireworks, and Arson. Forbes. https://www.forbes.com/sites/mollybohannon/2025/01/14/what-sparked-the-california-wildfires-experts-consider-power-lines-fireworks-and-arson/?utm_source=chatgpt.com

5. Manshoory, S. (2023, September 20). Misdemeanor, felony and “Wobbler” offenses in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/

6. Wildfire Causes and Evaluations (U.S. National Park Service). (n.d.). https://www.nps.gov/articles/wildfire-causes-and-evaluation.htm

7. Forensic Science: Forensic Evidence in arson Cases: Part I | Office of Justice Programs. (n.d.). https://www.ojp.gov/ncjrs/virtual-library/abstracts/forensic-science-forensic-evidence-arson-cases-part-i

8. Community destroyed by California’s  Park Fire starts to recover. (2024, October 7). [Video]. NBC News. https://www.nbcnews.com/science/environment/california-arson-threat-climate-change-rcna171393

9. NASA Earth Observatory. (n.d.). California’s park fire spread fast and hot. https://earthobservatory.nasa.gov/images/153254/californias-park-fire-spread-fast-and-hot

    

Does California Have the Death Penalty? California Death Penalty Laws and Updates

California does have the death penalty as part of its legal system. However, its implementation has been anything but straightforward, influenced by complex legal battles and shifting public opinion over the years. While the death penalty remains in place in California, recent procedural changes have significantly shaped its application.

What is the Death Penalty?

Capital punishment or the death penalty, is a juridical sentence^[1], a type of punishment, according to which an offender is executed by the state. The death penalty in California has been practiced right from when the state was formed in 1851. It has been shifted through a number of legislative amendments as well as undergone subsequent voters’ votes due to the changes in the people’s perception of capital punishment.

Does California Have the Death Penalty? History of the Death Penalty in California

California’s history with the death penalty is marked by numerous legal battles and public discourse^[2]. The state reinstated capital punishment in California in 1978 after a brief moratorium, leading to a surge in death sentences. However, this surge was accompanied by growing concerns about wrongful convictions and racial disparities in sentencing.

Understanding Proposition 34

In 2012, California voters faced Proposition 34^[3], which sought to abolish the death penalty and replace it with life imprisonment without parole. The proposition was narrowly defeated, with approximately 48% voting for abolition. This outcome demonstrated that while there is significant support for reforming capital punishment, many Californians still believe in its necessity.

Understanding Proposition 62

Proposition 62^[4] was another attempt to abolish the death penalty, appearing on the ballot in 2016. Like its predecessor, it aimed to replace capital punishment with life imprisonment without parole. However, it was also defeated by a margin of about 54% against. This repeated rejection of abolition efforts highlights the complexity of public opinion regarding capital punishment in California.

Understanding Proposition 66

In contrast to Propositions 34 and 62, Proposition 66 aimed to expedite the appeals process for death penalty cases while maintaining capital punishment as an option. Passed by voters in November 2016, this measure sought to address concerns about lengthy delays in executing death sentences. Proposition 66^[5] reflects a desire among some voters to reform rather than eliminate the death penalty in California.

California Death Penalty Laws

The California death penalty laws are provided under various California Penal Codes. The main law governing capital punishment is in Penal Code Section 190^[6] which deals with association and capital crimes and the procedure for arriving at the punishment.

A number of criminal activities commonly attract the death penalty:

• First-degree murder^[7] is accompanied by special circumstances like causing the death of many people, or killing a police officer or a person during particular other crimes like robbery^[8], rape, and others.
• After conviction, the defendants undergo another procedure to come up with the verdict to either set a death penalty or life imprisonment without eligibility for parole.

The death penalty in California​ is a legal procedure and involves a number of steps and appeal and review phases. Each defendant given a death penalty has the right to appeal convictions and the corresponding penalties through various other state and federal courts. This long process may at times take several years or even decades before an execution can be affected.

Moratorium on Executions in California

In the same month of March 2019, Governor Gavin Newsom signed an executive order^[9] that halted executions in California. This order stopped all executions while serving as the governor and demanded the shutdown of the execution chamber in the San Quentin State Pen. Although this moratorium does not eliminate the death penalty itself, it influences its application in very many ways.

The hope is that the moratorium is in response to mounting concerns regarding equity and efficiency of applying the capital penalty under the criminal justice system of California^[10].

Critics have continued to observe that race and geography are skewed in California death penalty cases, resulting in an overrepresentation of minority populations and geographical areas dominated by people of color.

For instance, studies indicated^[11] that African American defendants were more likely to be sentenced to death if they kill whites than if they kill people of other colors.

Statistics on the California Death Penalty

As of late 2024, there are approximately 700 inmates^[12] on California’s death row, making it one of the largest death row populations in the United States. Execution statistics reveal that California has not carried out an execution since January 2017 due to Governor Newsom’s moratorium. Furthermore, there have been significant concerns regarding wrongful convictions; at least 235 individuals^[13] on California’s death row have had their judgments reversed since 1989.

Racial disparities continue to be a pressing issue within capital punishment cases. Research indicates that black defendants are disproportionately sentenced to death compared to their white counterparts. Such disparities raise ethical questions about fairness in sentencing practices and highlight systemic issues within California’s criminal justice system.

The debate^[14] about the morality and efficacy of the California death penalty continues. Though capital punishment has not been outlawed in California, recent advancements show that authorities, like Governor Newsom, are trying to reconsider the position of capital punishment in the state.

If Californians keep changing their views on capital punishment, future laws may alter how it is applied or even abolish it entirely. For those interested in criminal justice reform or the moral and legal issues surrounding state executions, understanding this situation is important.

If anyone wants to advocate for their rights, needs legal advice, or requires a lawyer for criminal cases, including capital offenses, it’s best to consult experienced criminal defense attorneys.

For further information on criminal defense issues or consultation from an experienced Los Angeles criminal defense attorney, please visit or contact Manshoory Law.

References

Exploring California Jaywalking Law: Is Jaywalking Illegal?

Picture this: You’re late for a meeting in downtown Los Angeles, and the nearest crosswalk is half a block away. For decades, navigating the streets could mean a big ticket. However, that’s about to change with recent changes to California’s jaywalking law.

In 2023, the Golden State introduced the Freedom to Walk Act^[1], which changed the rules for pedestrians. This law focuses on practical safety over strict rules. This blog covers practical safety considerations for residents and visitors while identifying new legal developments in California’s jaywalking laws.

What is Jaywalking?

Jaywalking means crossing the street outside a marked crosswalk or violating traffic signals. This is considered a minor violation, but walking across the road poses significant risks, such as collisions with vehicles. Jaywalking laws vary from state to state. Understanding these laws is important to pedestrian safety and legal compliance. The California jaywalking law has changed significantly in recent years. This reflects a shift in public perception and the focus of law enforcement.

The word jaywalking is often used to define these types of behaviors:

• Crossing the street outside of a designated crosswalk
• Crossing the street where there is no crosswalk available
• Crossing the street where there is no intersection
• Ignoring signs that instruct pedestrians not to cross
• Disregarding signals that indicate “Don’t Walk!”

California Jaywalking Law: A Historical Overview

The evolution of jaywalking law in California has been remarkable. The term ^[2] jaywalking emerged in the 1920s as automobiles became more common. This led to an increase in collisions between pedestrians and vehicles. The automotive industry played a key role in promoting the concept of jaywalking to shift blame for crashes from drivers to pedestrians.

A few years back, California’s jaywalking law imposed restrictions on jaywalking and punished offenders. However, these laws have some problems and enforcement is often unfair. As of January 1, 2023, police officers can no longer stop pedestrians under the Freedom to Walk Act unless their actions create danger ^[3].

Policymakers and advocates supported the new law with data showing that jaywalking citations disproportionately affected low-income and minority communities, often leading to unnecessary fines and negative interactions with law enforcement. By decriminalizing safe mid-block crossings, the Freedom to Walk Act aims to reduce these disparities while maintaining pedestrian safety by allowing enforcement only when a pedestrian’s actions create an immediate danger.

Is Jaywalking Legal in California? Recent Changes in California Jaywalking Law

The way Californians consider jaywalking has changed significantly since the Freedom to Walk Act took effect on January 1, 2023. This new jaywalking California law has altered how jaywalking is handled legally.

Now, under the Freedom to Walk Act:

• You cannot receive a ticket for crossing the street unless you are in a situation where you are at risk of being hit by a car.
• Police officers must consider a pedestrian a safety risk before deciding to issue a citation.

This change reflects a broader understanding that old and strict rules about crossing the street often do more harm than good. This is especially true in places where there aren’t enough zebra crossings or pedestrian-friendly roads.

To learn more about the legality of jaywalking, watch the video from our lawyer.

Tips for Pedestrians to Stay Safe and Legal

If you want to travel safely and legally in California with the new jaywalking California law, consider the tips below:

• Always use marked crosswalks when available.
• Pay attention to traffic lights and avoid crossing when the light turns red.
• Make sure you don’t risk colliding with oncoming vehicles by crossing the road.
• Be especially careful in areas where there are no crosswalks or proper signage.
• Take into account local regulations. This is because some cities may have additional rules regarding pedestrian behavior.

Penalties for Jaywalking in California: Fine for a VC 21955 Ticket

The Freedom to Walk Act has decriminalized aspects of jaywalking law in California, infractions under Vehicle Code 21955^[4]may still carry penalties when they involve reckless behaviorv^[5]. Here are examples:

• Pedestrians who cross streets in a manner that creates an immediate danger of collision may be subject to fines of up to $250.
• Repeat offenders may suffer additional penalties, though enforcement is less punishing.

Note that the fines are usually jurisdiction-dependent and thus might differ according to the policies implemented by local governments. Pedestrians cited for jaywalking hire lawyers who would defend their rights or clear the confusion over their offenses.When pedestrian violations have become a cause of concern and may lead to court cases, a Los Angeles DUI lawyer can be a helpful guide.

Safety Concerns and Public Perception

The discussion over California Jaywalking laws reflects larger worries about pedestrian infrastructure and public safety. Others, however, worry that passing the Freedom to Walk Act could backfire, leading to more unsafe behaviors when crossing.

Key safety concerns include:

• Insufficient marked crossings in pedestrian-heavy zones.
• Lack of sufficient education on safe street-crossing practices.
• Cities with heavy traffic volumes are more prone to accidents involving pedestrians.

Public perception about jaywalking laws in California has also changed. Many Californians now see such laws as old-fashioned relics that do not make sense in modern urban living. Meanwhile, advocacy groups are more concerned with personal responsibility in maintaining pedestrian and driver safety. If awareness is built and responsible behavior is encouraged, it’s possible to balance pedestrian rights and road safety.

The jaywalking law in California has evolved to mirror changing attitudes toward pedestrian rights and safety. It grants pedestrians greater freedom while emphasizing the importance of responsible behavior to prevent accidents and maintain order.

Understanding California’s jaywalking law enables pedestrians to cross urban areas more confidently, safely, and lawfully.

Choose professional services like a Los Angeles DUI lawyer for legal advice on traffic-related issues.

References

1. Bill Text – AB-2147 Pedestrians. (n.d.). https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2147

2. Holder, S. (2022, August 13). Navigator: Inventing jaywalking and battling to reclaim the streets. Bloomberg.com. https://www.bloomberg.com/news/newsletters/2022-08-13/navigator-inventing-jaywalking-and-battling-to-reclaim-the-streets

3. California, L. (2024, December 25). California’s Freedom to Walk Act: Key Provisions and Implications – LegalClarity. LegalClarity. https://legalclarity.org/californias-freedom-to-walk-act-key-provisions-and-implications/

4. California Code, VEH 21955. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=21955.&lawCode=VEH

5. Parker, D. (2024, May 14). What is Reckless Driving in California: Penalties and Laws. Manshoory Law Group, APC. https://manshoorylaw.com/blog/reckless-driving-california/